Savvy senior executives and management are more concerned than ever with the considerable costs, distractions and inefficiency of lengthy traditional lawsuits. These concerns have led to the inclusion in many employment agreements of some form of required non-binding mediation, binding arbitration (or both) in the event an employment dispute should arise. As a result, the parties are effectively precluded from pursuing their claims in court.
These means of Alternative Dispute Resolution (or ADR’s as they have come to be known) offer attractive procedural efficiencies in employment disputes which can save time, effort and money. Nevertheless, they do have their downsides. For example, much depends on the knowledge, experience and disposition of the mediator or arbitrator who may be bent on “splitting the baby.” Furthermore, there is effectively little or no chance of appeal from an adverse employment arbitration decision. Our executive employment arbitration attorneys counsel clients across a variety of industries on managing the risks of ADR agreements in the context of their particular employment situations.
Our attorneys have successfully represented clients from start to finish in employment arbitration proceedings. In one case, we recovered a major arbitration award for a discharged senior executive. In another, our attorneys prevented a talent agency from collecting a big unearned fee from a well-known television actor. We also have resolved challenging and complex executive employment and partnership disputes through mediation.