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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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November 5, 2018

What Employers Should Watch For in Election 2018

November 5, 2018

Election Day may result in significant changes in our country’s labor and employment landscape. This article discusses some issues employers should watch closely. Arbitration Congressional Democrats have proposed legislation intended to overturn the U.S. Supreme Court’s 2018 ruling that employers do not violate the National Labor... Read More

October 24, 2018

Availability of Class Arbitration is for Court to Decide, Appeals Court Rules

October 24, 2018

Vacating a $10 million arbitration award resulting from a “collective action” arbitration, the U.S. Court of Appeals for the Seventh Circuit ruled that whether class or collective arbitration is authorized by an arbitration agreement is a threshold question for the district court, not an arbitrator. Herrington v. Waterstone Mortgage Corp... Read More

October 1, 2018

California Governor Vetoes Bill Prohibiting Mandatory Arbitration Provisions in Employment Contracts

October 1, 2018

In a last-minute action on the September 30 legislative deadline, California’s Governor vetoed a bill that, among other things, would have imposed restrictions on the use of arbitration agreements for certain employment claims. Under vetoed Assembly Bill 3080, beginning on January 1, 2019, employers in California would have been... 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