About this practice
As part of the firm’s National Compliance and Multi-State Solutions practice, our Arbitration Agreement and ADR attorneys provide advice and counsel on effective implementation of arbitration agreements and other alternative dispute resolution programs.
The continuing rise in employee lawsuits, especially costly class and collective actions, has led employers to consider more efficient, cost-effective means to resolve disputes. Arbitration can be a valuable tool for handling these matters on an individual basis and without court litigation. We counsel employers on all aspects of alternative dispute resolution, including evaluating and designing dispute issue resolution procedures and coordinating their implementation.
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.
Core capabilities
- Advising clients on the advantages and disadvantages of arbitration.
- Drafting agreements that are customized to our clients’ business needs and risk management strategies.
- Drafting arbitration agreements that are compliant with the myriad requirements of federal and state laws and are enforceable across jurisdictions where multistate clients maintain operations.
- Reviewing and updating existing arbitration agreements for clients, to make sure they optimize the benefits of arbitration and fully comply with new legal developments and best practices.
- Providing advice on how to effectively implement arbitration agreements, including communications with prospective and current employees, best practices for obtaining signatures or e-signatures, and how to maintain documentation to authenticate each agreement.
- Counseling clients on non-arbitration alternatives, such as jury waivers, “naked” class waivers, and pre-dispute grievance and mediation programs.
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