Labor/Employment,
Alternative Dispute Resolution
Feb. 6, 2026
When arbitration agreements go too far: Lessons from Cook and Ramirez
Recent California decisions underscore that while courts favor arbitration, overly aggressive employer-drafted agreements risk unenforceability when they compromise fairness.
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Both federal and California law embody a strong policy favoring the enforcement of arbitration agreements. The Federal Arbitration Act reflects a congressional determination that arbitration provides a speedy, economical and efficient forum for dispute resolution. California courts have long echoed this preference, recognizing arbitration as a valuable alternative to the congestion and expense of trad...
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