Executive Summary -

In the early 1990s, roughly two percent of American workers were subject to mandatory arbitration agreements with their employers. By 2018, that number was closer to sixty percent. But while predispute mandatory arbitration agreements have become the norm for many employers, recent legislative actions are chipping away at the scope and breadth of such provisions. Coupled with the rising cost of arbitration, is it time for employers to consider alternatives? In Florida, one such alternative is the enforcement of jury trial waiver provisions for employment-related disputes. This article will address the current state of law regarding mandatory pre-dispute arbitration agreements and make a case as to why Florida employers should consider transitioning to using jury trial waivers instead.