Alternative Dispute Resolution
Sep. 10, 2016
Arbitration of employment disputes today
In recent years, pre-dispute arbitration provisions employers use have gone from abysmal to enforceable, as employer's attorneys learned to dodge the bullets that rendered their proposed process unconscionable. By David P. Warren
Most plaintiff's employment attorneys have traditionally desired to go to court. But in the wake of Armendariz v. Foundation Health Psychcare Services Inc., 24 Cal. 4th 83 (2000), and its progeny, pre-dispute arbitration provisions employers use have gone from abysmal to enforceable, as employer's attorneys learned to dodge the bullets (one-sidedness they had been previously unable to resist) that rendered their propose...
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