Arbitrations and Mediations as Advocate or Neutral
Many employers wish to litigate employment disputes in an arbitration setting. This usually is a quicker and less expensive way to resolve disputes and can involve retired judges or experienced employment lawyers as arbitrators. California has erected numerous obstacles to obtaining a valid arbitration agreement from employees and enforcing those agreements in court (or before the arbitrator, if the agreement is properly drafted). This is despite the fact that Federal policy favors arbitrations and prohibits treating arbitration agreements differently from other contracts, and that Federal policy preempts state laws. While waiting for the U.S. Supreme Court to resolve these issues again, employers wanting enforceable arbitration agreements are well-advised to consult with experienced counsel. We fit the bill and welcome your call.
Mediations are not adjudications as are arbitrations. Mediations are voluntary settlement discussions that are facilitated-or mediated-by a mediator. Usually the mediator is experienced in employment law and trained in settlement techniques. Mediations are always encouraged and sometimes required by the courts. In these days of court delays, mediations often allow dispute resolutions on an expedited basis, and depending on the stage at which a mediation is held, can save significant amounts of money required for discovery, litigation or trial.
We represent many clients in arbitrations an even more in mediations that are now steps in the majority of employment cases.
In addition to representing parties in arbitration, one of our principals also serves as a neutral arbitrator and mediator for cases being litigated by others.