Workplace Arbitration & ADR

Alternative forms of dispute resolution can be effective in achieving favorable conclusions to workplace disputes, for both employers and employees. Whether voluntary, contractual, or judicially required, arbitrations are often more economical, faster, and less public than traditional courtroom litigation. Employers with global, national, or alternative workforces may find that arbitration is more effective for some claims and portions of their employee populations. In addition, arbitration programs governed under the Federal Arbitration Act also can help immunize employers against private class and collective action litigation.

HOW WE HELP

Seyfarth’s Workplace Arbitration & ADR team has been at the forefront of using arbitration agreements to avoid class actions through class action waivers, including before the United States Supreme Court. As a result, our team has accumulated advanced thinking, templates, onboarding strategies, multi-state surveys, and research on the legal issues that must be considered when tailoring and implementing a workplace arbitration program.

Our attorneys are regularly involved in drafting and tracking developments to ensure enforceability of agreements and to strategically adapt to changing developments. We have successfully enforced arbitration agreements, securing orders to compel arbitration and dismiss claims in both state and federal court. We have counseled employers of all sizes around the globe and assisted clients in developing arbitration policies and programs customized to their unique goals and business, as well as their geographic footprint taking into account issues under state and local laws that can impact arbitration.

Our arbitration experience encompasses the full suite of substantive areas of employment litigation and extends to multiple industries. We have deep familiarity and experience in American Arbitration Association (AAA), Judicial Arbitration and Mediation Services (JAMS), and Financial Industry Regulatory Authority (FINRA) arbitrations, as well as a number of other alternative dispute resolution providers. In addition, our attorneys counsel clients on the pros and cons of arbitration agreements, including the scope of agreements, covered claims, consideration concerns (including California-specific considerations), and other issues. We are adept at guiding clients through mediations and internal grievance matters and have been selected to handle all employment arbitrations for a multitude of nationwide employers under their ADR policies. We have developed approaches to efficiently and effectively manage discovery in the arbitration process, with a focused approach to keeping appropriate limits on discovery to avoid unnecessary expenditures without compromising strategic goals. We have an impressive track record of victories in virtually every type of employment dispute in arbitration.

We represent employers of all sizes, from those with a single location to those with widespread, national, or global operations. Our clients range from Fortune 100 to midsize companies, and include publicly traded and privately held companies across many industries.

THE SEYFARTH EXPERIENCE

Our team delivers premium legal counsel through sophisticated application of technology and process improvement techniques. We ensure consistent, high-quality legal services through right-sized staffing approaches, increased efficiency using innovative technology tools, and improved communication and collaboration. In doing so, we combine our industry-specific knowledge, geographic coverage, and practice depth to benefit our clients. For substantial portfolios of arbitration work, we implement a customized orientation program designed to capture client goals, preferences, and requirements to ensure an optimal portfolio structure.