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Work with experienced attorney to resolve employment disputes in arbitration

In our previous post, we briefly mentioned the fact that arbitration is known to often be favorable to employers, not only because it often allows them to select the arbitrator who hears their case, but also because it allows them to keep the proceedings private and avoid full accountability for potentially widespread workplace problems.

The relative disadvantages employees face in arbitration is one reason why it is o important to work with a skilled, experienced attorney in proceeding with these disputes. For those whose employer is attempting to hold them to an arbitration agreement, it is important to work with an experienced attorney, first of all, to determine whether or not a valid agreement exists. If one does exist, then the employee has to work through the arbitration process to resolve the dispute, hopefully in the most favorable way possible. If a valid agreement does not exist, other avenues may be considered. 

In order for an employee to be bound to an arbitration agreement, there must be a valid, written arbitration agreement between the parties, whether as part of commercial contract or a separate agreement. When the basic requirements of contract formation are not met, there is no valid agreement. Even when an arbitration agreement exists and is determined to be valid, though, there can be other issues that can arise. For instance, the scope of the agreement needs to be determined to ensure it applies to the dispute at hand, as well as the legal rules to be applied in arbitrating the dispute.

A whole host of other issues can potentially be raised with regard to the arbitration proceeding itself. Then there is also the issue of the enforceability of an arbitration award and other court actions related to the arbitration award. Needless to say, it is important to work with an experienced attorney throughout the process, not only to build the best possible legal case, but also to ensure the procedure is handled fairly and one is able to take advantage of all the protections and remedies available in the process.

Although arbitration often favors businesses and employees may be up against a lot in going through the process, working with an experienced advocate helps ensure an employee has the best possible representation and is best positioned for a favorable outcome. 

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