Alternative Dispute Resolution
The explosion of employee lawsuits in the past decade has led many employers to consider in-house programs for handling complaints and resolving disputes without litigation.
Jackson Lewis counsels employers in all aspects of alternative dispute resolution, from creating, designing and evaluating pre-dispute issue resolution procedures to training management, coordinating implementation, and assessing effectiveness.
We advise employers on a variety of programs, including:
- Internal Mediation
- Ombudsman
- Peer Review
- Voluntary and/or mandatory arbitration
When challenged by an employee or government agency, our attorneys have defended arbitration agreements, and have represented employers at all levels of state and federal courts, including the United States Supreme Court.
Jackson Lewis attorneys can assist employers in identifying legal needs, building a solid defense, meeting compliance requirements, and developing best practices. For more information, please contact practice area
coordinator
Mark A. de Bernardo or
the Jackson Lewis attorney with whom you regularly work.
Alternative Dispute Resolution Legal Updates
- Supreme Court Limits Scope of Judicial Scrutiny of Arbitration Agreements
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[6/24/2010] The Supreme Court has clarified whether an arbitrator or court should address a challenge to the validity of an arbitration agreement when a provision in the agreement expressly delegates such authority to the arbitrator. Where the agreement as a whole is challenged, the dispute should be resolved read more »
- NJ Supreme Court Confirms Arbitrator's Latitude to Award for "Just Cause" Discipline under Contract
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[6/16/2010] Where a collective bargaining agreement does not define "just cause" for discipline, an arbitrator has broad authority to reject an employer's sanction of discharge and impose a lesser penalty once such cause is determined, New Jersey's high court has ruled. Linden Board of Education read more »
- California Federal Court Compels Worker to Arbitrate State Law Discrimination Claims
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[6/7/2010] A restaurant worker must arbitrate his California state law discrimination claims in accordance with his agreement to arbitrate all disputes relating to his employment relationship with the employer, the U.S. District Court for the Northern District of California has ruled. Cornejo v. read more »
- California Supreme Court Rules Certain Arbitration Awards Subject to Judicial Review
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[5/7/2010] In a striking departure from established precedent regarding the enforcement of arbitration awards, the California Supreme Court has held that courts may review arbitration awards for errors of law that prevent an employee from obtaining a hearing on the merits of a unwaivable statutory employment read more »
- Supreme Court Holds No Class Arbitration under FAA where Parties' Agreement is Silent on Issue
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[5/3/2010] The Supreme Court has held that a party may not be compelled to submit to class-wide arbitration under the Federal Arbitration Act (FAA) where the parties' arbitration agreement is silent on the issue. Stolt-Nielsen S.A. v. AnimalFeeds Int'l Corp., No. 08-1198 (U.S. Apr. 27, 2010). The Court, in a read more »
Partners and Of Counsel Concentrating in Alternative Dispute Resolution
