What to consider when faced with ADR during an Employment Dispute

Many companies include mandatory arbitration clauses in their employment contracts these days so they can avoid the costly expense of class action litigation.  Historically, many courts have enforced these clauses as well.  If faced with an employment dispute and forced to adhere to the arbitration clause, consider the following:

  • The expertise of the arbitrator.  Some arbitrator’s specialize in a particular area of law.
  • The arbitrator’s experience.
  • The arbitrator’s award history.  Does the arbitrator appear to favor particular parties or be sympathetic to certain issues?
  • Also consider how arbitrator’s handle the process
  • Pick an attorney with arbitration experience.

Finally, suggest mediation as an alternative or for another independent opinion.

Keep in mind that some employers are always including class action waivers in their employment contracts which also may be enforced.  If such a waiver is enforced, arbitration or mediation may be a viable option.

 

For more details please see:

ADR Is on the Rise in Employment Cases

 

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