What is an agreement to arbitrate?

An agreement to arbitrate is a contract between two parties (often an employer and an employee) to use arbitration instead of the courts to settle a dispute. In arbitration, the parties agree to have a third party make a decision in the dispute. Arbitration is more private than going to court, can be more cost-effective, and can often provide a faster resolution. In Kansas, in accordance with the Kansas Arbitration Act, an agreement to arbitrate must be in writing and must be supported by consideration, which is something of value, such as an agreement to keep the dispute confidential. The agreement should also identify the parties, the dispute subject to arbitration, and the selection and appointment of the arbitrator. The arbitration process involves the parties having an opportunity to present their respective cases along with evidence to the arbitrator. The arbitrator then makes a final and binding decision on the dispute.

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