Arbitration is an increasingly common method for adjudicating employment related disputes. For unionized employers, labor arbitration has long been the almost universal method for resolving disputes over the interpretation of collective bargaining agreements, as well as “just cause” challenges to employee disciplines and terminations. However, even non-unionized employers are beginning to recognize the advantages of arbitration over in-court litigation of employment disputes.
While similar in many ways to traditional litigation, effective arbitration requires a unique set of skills and experience. The availability of pre-hearing discovery, the applicable rules of evidence and appropriate procedural steps are different not only between arbitration and litigation, but also among different kinds of arbitration and even different arbitrators. A “one size fits all” approach simply will not be effective.
How Can We Help?
At Martenson, Hasbrouck & Simon LLP, we have represented clients in hundreds of arbitration proceedings all over the country. The matters we have handled have ranged from individual claims that an employee’s termination lacked “just cause” to union-wide disputes over compensation, with an excellent success rate.
In addition, we have assisted numerous clients in drafting arbitration agreements for non-unionized employees. These agreements allow employers to bypass the often slow and increasingly anti-business proceedings of the court system for a more efficient and streamlined process that still protects employee rights. However, these agreements are often subject to close judicial scrutiny and must be carefully drafted in order to be effective.