Oh my. Well, this certainly gives me something to think about. I certainly wouldn't want to get my employer involved. I'm not worried about whether I could use the phone for personal use, because it's pretty standard practice across the company, I just don't care for them to know my financial business/mess.
So, there's probably no way getting around having to involve my employer. And honestly, I wouldn't even know who to go to for an affidavit. I work for a pretty large corporation.
I did reach out to my attorney and she did say that if we pursued this, according to the contract arbitration is the only way to go. From what I've read, I can choose between AAA and JAMS. Avant would pay my fees upfront and if I lost, I'd just have to pay arbitration cost not exceeding state court costs.