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Can I require employees to sign arbitration agreements in Pennsylvania? What are the requirements?

Yes, you can require employees to sign arbitration agreements in Pennsylvania. However, there are certain requirements that must be met for such agreements to be enforceable.

Requirements for Arbitration Agreements in Pennsylvania

According to 37 PACO Section 171.75, the arbitration panel members must meet certain requirements. The attorney member of the arbitration panel must have at least 3 years of trial experience and be in good standing with the Pennsylvania Supreme Court, and the health care provider member must have a current, valid license or be a hospital administrator. Additionally, no panel member may be related by blood or marriage to a fellow panel member or to any party or attorney of record in the claim, and no panel member may be a party in a current action based on professional malpractice.

Furthermore, 37 PACO Section 171.76 requires that each invited member of the arbitration panel shall sign and file with the Administrator an agreement to serve and an oath of office. A person invited to serve as an arbitration panel member may decline to serve or shall disclose to the Administrator under oath circumstances which might affect his impartiality. If an arbitration panel member knowingly fails to make the required disclosure, the Administrator will remove him from the arbitration panel and from the list of future arbitration panel candidates and will report the circumstances of the violation to the appropriate public prosecutor or licensure board or to the Disciplinary Board of the Supreme Court of Pennsylvania.

Finally, 42 PACS 7321.10 and 42 PACS 7321.16 provide the process for initiating and conducting an arbitration proceeding. A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by service as authorized for the commencement of a civil action. The notice must describe the nature of the controversy and the remedy sought. An arbitrator may conduct an arbitration in a manner appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, determine the admissibility, relevance, materiality and weight of any evidence.

In summary, to require employees to sign arbitration agreements in Pennsylvania, the arbitration panel members must meet certain requirements, and the arbitration proceeding must be initiated and conducted in accordance with the relevant statutes.

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Source(s):
Jurisdiction

Pennsylvania