Calming the Workplace – Effective Use of Arbitration and Mediation

Our esteemed panel will discuss the various stages of an employment dispute and the consideration given to arbitration and/or mediation vs. pursuing litigation in the court system or various agencies. This program will focus on the benefits of using alternative dispute resolution and will also address direct comparisons between alternative dispute resolution and court processes.

The speakers will not only provide insights into the process but will also provide best practices to maximize the benefits of arbitration and mediation. Register now for this free Briefing and in just one hour the following topics will be discussed:

• Identifying the issues (5 minutes)
• Types of Disputes, including breach of contract/non-compete, harassment, discrimination, and wage and hour. (5 minutes)
• Stage One – Preliminary Steps, including a discussion of plaintiff’s initial evaluation of a potential dispute and steps to be taken, nature of the claim, claim letter; defense counsel’s receipt of claim letter/notice of claim, appropriate response, how to proceed, arbitration or mediation clause in employment document, possible resolution methods and provisions for same, arbitration pros and cons, where and how to file a single matter and others. (15 minutes)
• Stage Two – Settlement, a review of the timing of mediation/settlement, attributes of mediator, speed of discovery and possible effects on settlement, absence of decision-makers contributions to settlement involving multiple defendants/insurance companies, addressing money issues with multiple plaintiffs, obstacles to resolving claims with third-party and/or family member who is exerting influence, insurance coverage and reservation of rights and/or coverage disputes; corporate authority/consents.  (10 minutes)
• Stage Three – Appropriate time to start thinking about discovery, including a review of how discovery approaches factor into the process: litigation vs. mediation vs. arbitration, differences in dynamics in arbitration vs. mediation vs. litigation. (15 minutes)
• Stage Four - A review of the roles of neutrals and ethics involved, arbitration agreements, changes in law and method of hearing, including what traits do counsel look for in an arbitrator, can an arbitrator serve as a mediator? If so, what are the ethics involved, arbitration agreements - what issues can parties arbitrate? What is no longer allowed, i.e., changes in the law; jury vs. non-jury/bench or arbitrator, method of hearing, i.e., in-person, virtual, hybrid or private, class action/mass filing prohibitions, settling cases under CAFA. (10 minutes)

Who Should Attend: Employment attorneys, general counsel, in-house counsel, employment counsel and professionals responsible for employment matters in legal departments.

Program Level: Overview

Prerequisites:  An interest in alternative dispute resolution

Advanced Preparation: None

Faculty:

Hon. Alan D. Scheinkman (Retired)

NAM (National Arbitration and Mediation)

Rhonda L. Epstein, Esq.

NAM (National Arbitration and Mediation)