Denying this access – without you being able to make a meaningful voluntary decision to waive this right – is a significant loss. 3. How often do employers use mandatory arbitration? Arbitration is a much more informative method compared to a court case or even a legal dispute, as it is a simplified procedure. In addition, during arbitration, each party has a more limited right to attempt to obtain documents or other types of information from the other party. The entire trial takes place in a conference room within a courtroom. In general, this process has worked well for parties to trade and labour disputes, in part because arbitrators are familiar with the company and the workplace they must deal with in arbitration. .