Employment Arbitration Rulesadmin
c. The parties shall be deemed to have agreed that the judgment on the award may be registered with any court of competent jurisdiction. The American Arbitration Association has developed two sets of initial discovery protocols to encourage early document sharing and targeted discovery to increase the speed and efficiency of arbitration. The following link provides a highlight of the protocols. Alternative Dispute Resolution (ADR) procedures are increasingly common in employment contracts, personnel manuals and employee manuals. The AAA can help resolve sensitive labour disputes efficiently and quickly. This is not to say that the parties and arbitrators do not pass off arbitration as a legal dispute. They do. But they do it by agreement, not by domination. The speed and economy of ADR are sacrificed in favor of familiarity when this happens.
(c) In determining the merits of the dispute, the arbitrator shall be guided by the legal norms agreed upon by the parties. In the absence of such an agreement, the arbitrator shall be guided by such law or legal standards as he deems most appropriate. The arbitrator may grant any remedy or remedy that is just and equitable and within the agreement of the parties, including, but not limited to, the specific performance of a contract or other equitable or legal remedy. Rules 12 to 15 deal with the appointment and qualification of arbitrators. In summary, panel members must be experienced, knowledgeable about labour law, not be in conflict of interest and be chosen in a diverse and non-discriminatory manner. Unless otherwise agreed or otherwise stipulated in the arbitration clause, an arbitrator presides. Academy members are accustomed to situations where disclosures are often unnecessary because the parties are familiar with them and the world of work management is relatively small. On the other hand, the parties in the field of employment may not know each other or be familiar with the arbitration. Precautions suggest detailed disclosure regarding past or present involvement or relationship with potential parties, lawyers or witnesses, as well as similar considerations. It is important to proceed with caution and to err on the side of over-disclosure so that there is no question of inadequacy or impartiality. State laws, regulations, or court regulations regarding disclosure may be enforceable, especially if federal law is not authoritative, and these must be fully complied with.
The position of the National Academy of Arbitrators is that voluntary arbitration is always preferable and that it is desirable that workers be free to choose tribunals and administrative tribunals or arbitration after a dispute. However, we recognize that the U.S. Supreme Court has extended the Federal Arbitration Act to most employment contracts. As a result, employers may require their employees to arbitrate all or part of future disputes, including legal claims. The FAA, in 9 USC Section 1, excludes “employment contracts of seafarers, railroad employees, or any other class of labor engaged in foreign or interstate commerce.” The Ninth District read Section 1 to exempt all FAA employment contracts based on the order of the District Court that enforces the arbitration. (Adams vs. Circuit City). In an employment relationship where arbitration is a condition of employment, it is important to ensure that your right to tutor is equivalent to that of a judge or jury under a law or customary law applicable to the case pending before you. Other considerations may apply if the arbitration agreement is actually negotiated on market terms or if it is a retrospective agreement between demanding parties. Similarly, if there are no provisions for discovery, you should make a decision regarding your authority.
Unlike collective bargaining, there is no administrative authority that could require disclosure without an agreement. If you believe that your right to appeal is unfairly restricted, you should carefully consider whether it is appropriate to serve. “In the case of pre-employment arbitration contracts, the economic pressure that employers exert on all but the most sought-after employees can be particularly acute, as the arbitration agreement is between the employee and the necessary employment, and few workers are able to refuse employment on the basis of arbitration rules.” If an employer intends to use the Association`s dispute resolution services as part of an EMPLOYMENT DISPUTE RESOLUTION plan, the employer must notify the Association of its intention to do so at least 30 days before the program`s expected effective date: (1); and (2) provide the Association with a copy of the Labour Dispute Resolution Plan. If an employer does not comply with this requirement, the association reserves the right to refuse its administrative services. Copies of all plans must be sent to the American Arbitration Association, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043; Email: email@example.com.. .