Whenever there is a dispute between an employer and employee about the terms of an employment contract, those terms may not only govern the result of the dispute resolution method used, they may also control what dispute resolution method is used. An arbitration clause in an employment agreement may compel the parties to resolve the dispute using binding arbitration.
Not long ago, we discussed the issue of arbitration clauses in employment contracts. In many cases, federal law will require that an employment contract’s arbitration clause be respected, requiring courts to defer to the decision of an arbitrator or arbitration panel in employment law cases. Although there are a number of proposals to change this, courts will still usually order cases to be decided by binding arbitration when the employment agreement contains an arbitration clause.
When you find that you need to handle a dispute by arbitration, either by choice or by contract, it can be a good idea to have experienced advocates on your side. At the New York law firm of Arthur R. Lehman, we can represent you in American Arbitration Association arbitrations, Judicial Arbitration and Mediation Service arbitrations, and other private commercial arbitrations. We also have experience with mediation and other methods of alternative dispute resolution.
Mediation, arbitration and other alternative dispute resolution methods can be beneficial even when they are not mandated. Our experience with ADR means that we can provide our clients with a good idea of the pluses and minuses of using ADR when it is an option in a dispute that would otherwise result in employment litigation. Our website’s alternative dispute resolution page has more information for prospective clients.