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btw, this story is notable in that, unlike the other cases brought by the NSLDN, this student opted out of the arbitration clause in her ISA and can therefore sue in civil court. This confers numerous advantages, including being able to compel discovery.

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I was reminded by someone at my company that by opting out of my companies arbitration clause I can also be sued directly by a multi billion dollar corporation. I'm not a fan of arbitration clauses, but even having the opportunity to sue is not tipping the scales much.

That doesn't sound like a great excuse for an arbitration clause. Unless you're in a position to alter the contract, the terms of arbitration are chosen by your employer. They wouldn't set themselves up for failure by handing out too many protections by adding an arbitration clause; if the company doesn't benefit, they would avoid the clause.

I don't know the terms of your clause, but I haven't heard of any arbitration clause that's beneficial to the party not writing up the contract.

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