Employment Agreements - Is This a Waiver of the Constitutional Right?

In section nine of this, again, we're seeing the all caps. This is a waiver by both parties of the constitutional right but they go even more hit you upside the head. Section 3.4 addresses an option for the parties to submit a motion for summary judgment. It potentially may speed up the resolution of the dispute and reduce the overall cost. But at the same time, it gives so much more power to the arbitrator to decide based on a written statement who is right and who is wrong.