Employment Arbitration Agreements

Crafting Enforceable Arbitration Clauses and Successfully Navigating the ADR Process

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, March 2, 2011

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide legal and practical guidance for crafting enforceable employment arbitration agreements and achieving favorable results in arbitration.

Description

Employers continue to find arbitration an attractive alternative to court litigation for their employment disputes. There are a number of strategic choices to make when crafting arbitration clauses and a number of pitfalls for the unwary.

The arbitration process itself can also be tricky for the uninitiated.

Listen as our authoritative panel experienced in arbitration discusses the latest trends in employers’ use of arbitration to resolve employment disputes and how courts are responding to employee challenges to arbitration agreements. The panel will explain practical strategies for crafting enforceable arbitration clauses and best practices for achieving favorable results in arbitration.

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Outline

  1. Current legal trends and court treatment of employment arbitration agreements
  2. Crafting enforceable arbitration clauses
    1. Notice of mandatory arbitration
    2. No limitation of substantive rights or remedies
    3. Selection of arbitrator
    4. Payment of arbitration fees
  3. Practical strategies during the arbitration process
    1. Pre-arbitration conference
    2. Discovery
    3. Motions
    4. Experts
    5. Arbitration hearing (exhibits, evidence, strategy)
    6. Post-arbitration motions

Benefits

The panel will review these and other key questions:

  • What are the latest trends in how courts are treating mandatory arbitration clauses in employment contracts, applications and handbooks?
  • What common drafting pitfalls often result in employment arbitration agreements being invalidated?
  • What steps can employment counsel take to help ensure that agreements to arbitrate will be enforceable?
  • How should parties to an arbitration hearing approach issues of arbitrator selection, arbitration costs and scope of discovery to help ensure a successful outcome?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Allan Dinkoff
Allan Dinkoff

Litigation Counsel
Weil Gotshal & Manges

He has almost 30 years of experience handling complex commercial litigation and employment matters. He was previously a...  |  Read More

Alfred G. Feliu
Alfred G. Feliu

Partner
Vandenberg & Feliu

He has represented clients in all aspects of employment and labor law for almost three decades. He is also a...  |  Read More

Margaret L. Watson
Margaret L. Watson

Of Counsel
McElroy Deutsch Mulvaney & Carpenter

She has more than 20 years litigation experience in employment law, alternative dispute resolution programs and...  |  Read More

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