Employment Arbitration Agreements: A Practical Guide

内容简介

1. Introduction: Primary Focus is on Employment Arbitration Agreements; Non-Unionized Workforce Only; Mandatory Pre-Dispute Agreements or Agreements With Opt-Out Clauses; Procedural Aspects of Enforcement of Agreements not Covered
2. Other Means of Non-Jury Dispute Resolution Compared: Internal Non-Binding Dispute Resolution Procedures; Jury Trial Waivers; Voluntary Mediation; Court-Ordered Processes; Summary Comparison of Means of Alternative Dispute Resolution
3. What is Arbitration?: Dispute Resolution that Does not Involve the Courts or Juries and has Very Limited Judicial Review; Determined by Contract Between the Parties; Decision-Maker (Arbitrator) Selected by the Parties; Arbitral Procedures Determined by the Parties; Arbitrator Conducts A Hearing Allowing Both Parties to Present their Positions; Arbitrator's Award is Final and Binding; Non-Binding Arbitration
4. Pros and Cons of Contractual Arbitration: Pros of Contractual Arbitration; Cons of Contractual Arbitration
5. State Law v. Federal Law: Federal Arbitration Act (FAA); State Arbitration Statutes and Rules; Contract Formation
6. Coverage of Arbitration Agreement: Must Parties Mutually Agree to Arbitrate all Claims or May Some Claims be Carved Out ("Mutuality Issues")?; Are There Some Claims that Must be Carved Out?; Mandatory Disclosures; Minimum Requirements for Enforceability of Arbitration Agreements
7. Specific Arbitration Clauses: Selection of Arbitrator; Demanding Arbitration; The Right to Discovery; Class Arbitration; Arbitral Cost and Fees; Arbitral Remedies; The Arbitrator's Award; Opt-Out Clauses
8. Sample Arbitration Clauses: General Mandatory Arbitration Agreement; Arbitration Agreement as Supplement to Executive Employment Agreement; Combination ADR Agreement; Arbitration Provision to Include in Employee Handbook; Mandatory Arbitration Provision to Include in Job Application