Book

ADR in Employment Law, with 2017 Supplement

A definitive exploration of the issues surrounding employment arbitration and mediation, this strategic guide details required procedures and is a crucial resource for practitioners of employment law and ADR. With insights including the preparation of pleadings and the inner workings of leading ADR providers, this treatise covers every essential facet of ADR in the employment arena.


Description

This essential text, written by practitioners for practitioners, provides advocates and neutrals with the legal and practical underpinning to navigate the turbulent and ever-evolving world of alternative dispute resolution in the employment context.

Authored by practitioners with decades of experience in the field, ADR in Employment Law takes a neutral approach in covering every aspect of ADR in the employment setting, from class arbitration and mediation to internal corporate dispute resolution and ADR in the global setting. An index, case table, and appendices make key information easy to find and searchable.

Delivering information at a practical level, the authors provide tips and insights on:

  • The preparation of pleadings
  • The selection of ADR providers and arbitrators
  • The rules and inner workings of leading ADR providers
  • The pre-hearing stage, with a particular focus on discovery and motion practice in the arbitration context
  • How to try a case before an arbitrator, and what to expect at the hearing
  • Requirements for an enforceable award
  • Post-hearing challenges
  • What approaches have resulted in the rare successful challenge to an award 

The 2017 Supplement captures all recent developments in the rapidly evolving field of alternatives to litigation in the employment law context.  Topics addressed include: 

  • Challenges to class action waivers under the National Labor Relations Act
  • The scope of an arbitrator’s authority to fashion remedial measures
  • Tools available to employees’ counsel to defeat motions to compel
  • Convincing a court to vacate an arbitration award
  • Circumstances leading to a finding of unconscionability
  • Ethical concerns and how courts have addressed them
  • Disclosures required of arbitrators, and consequences when they are inadequate or misleading 

SUMMARY OF CONTENTS

Part I. Overview: ADR in the Employment Context
Ch. 1 - Evolution of the Role of ADR in Resolving Employment Disputes
Ch. 2 - Internal Resolution of Employment Disputes
Ch. 3 - Mediation in the Employment Context
Ch. 4 - ADR Providers and the Resolution of Employment Disputes
Part II. Employment Arbitration
Ch. 5 - Jurisdictional and Other Threshold Issues
Ch. 6 - Class and Collective Actions
Ch. 7 - Ethical Issues
Ch. 8 - Pre-Hearing Stage – Process Issues
Ch. 9 - Pre-Hearing Stage – Practice Issues (AAA, JAMS, and FINRA Rules)
Ch. 10 - Hearing Stage
Ch. 11 - Remedies
Ch. 12 - The Award
Ch. 13 - Post-Hearing Stage
Part III. Special ADR Issues in the Employment Context
Ch. 14 - Global ADR: Arbitration and Mediation of International Employment Disputes
Ch. 15 - Empirical Evidence on Critical Issues Generally in Employment ADR and Under FINRA in Particular

Authors

Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book's authors and editors.

Alfred G. Feliu founded Feliu Neutral Services, LLC in 2016. He is a well-respected and nationally-recognized arbitrator and mediator, with over 30 years of experience in employment, labor law, and commercial matters. He is a past Chair of the New York State Bar Association’s Labor and Employment Law Section and a member of the National Academy of Distinguished Neutrals. He has served as the EEO Officer for the Port of New York and New Jersey since 2006.

 

Contents

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