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Alternative Dispute Resolution

The proliferation of employee lawsuits has led many employers to consider in-house programs for handling complaints and alternative means to resolve disputes without litigation.

Overview

Jackson Lewis counsels employers on 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; and
  • 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.

The Team

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Robyn L. Aversa

Robyn L. Aversa
Principal
Morristown

973-451-6320
Robyn.Aversa@jacksonlewis.com

Kelvin C. Berens

Kelvin C. Berens
Principal
Omaha

402-391-1991
Kelvin.Berens@jacksonlewis.com

David E. Block

David E. Block
Principal
Miami

305-577-7601
David.Block@jacksonlewis.com

Scott A. Carroll

Scott A. Carroll
Office Managing Principal
Cincinnati

513-898-0050
Scott.Carroll@jacksonlewis.com

M. Robin Davis

M. Robin Davis
Principal and Office Litigation Manager
Raleigh

919-760-6464
Robin.Davis@jacksonlewis.com

Mark A. de Bernardo

Mark A. de Bernardo
Principal
Washington, D.C. Region

703-483-8334
Mark.deBernardo@jacksonlewis.com

Debra Weiss Ford

Debra Weiss Ford
Office Managing Principal and Office Litigation Manager
Portsmouth

603-559-2700
Debra.Ford@jacksonlewis.com

David L. Gordon

David L. Gordon
Principal
Atlanta

404-586-1845
David.Gordon@jacksonlewis.com

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June 8, 2018

New Jersey Closer to Bar on Jury Waivers, Arbitration Agreements, Secrecy of Harassment Settlements

June 8, 2018

The New Jersey Senate has passed a bill that would prohibit jury waivers and agreements that conceal the details of discrimination claims under the New Jersey Law Against Discrimination, N.J.S.A. § 10:5-1, et seq. (LAD). The bill, which passed by a vote of 34-1, also would call into question the enforceability of agreements to arbitrate... Read More

May 21, 2018

Supreme Court: Class Action Waivers in Employment Arbitration Agreements Do Not Violate Federal Labor Law

May 21, 2018

Class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA), the U.S. Supreme Court has held in a much-anticipated decision in three critical cases. Epic Systems Corp. v. Lewis, No. 16-285; Ernst & Young LLP et al. v. Morris et al., No. 16-300; National Labor Relations Board v.... Read More

May 21, 2018

Supreme Court Rules Class Action Waivers in Employment Arbitration Agreements Valid

May 21, 2018

Class action waivers in employment arbitration agreements do not violate federal law, the U.S. Supreme Court has ruled in a much-anticipated decision in three critical cases. Epic Systems Corp. v. Lewis, No. 16-285; Ernst & Young LLP et al. v. Morris et al., No. 16-300; National Labor Relations Board v. Murphy Oil USA, Inc., et al.,... Read More

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May 22, 2018
90.5 WESA Pittsburgh NPR

James Prozzi Discusses SCOTUS Class Action Waiver Decision

May 22, 2018

James Prozzi discusses implications of the SCOTUS ruling regarding class action waivers in employment arbitration agreements in 90.5 WESA's "Divided Supreme Court Sides With Businesses Over Workers." Subscription may be required to view article. Read More

May 22, 2018
Bloomberg BNA

Jake Schwartz Comments on Implications of Epic SCOTUS Decision

May 22, 2018

Jake Schwartz comments on the implications of the U.S. Supreme Court's decision to legalize class action waivers in mandatory arbitration agreements in Bloomberg's "Supreme Court Warms Up ‘Thousands’ of Frozen Worker Claims." Subscription may be required to view article Read More