If Your Case Is in Arbitration

What this stage is

After evaluating your case, we may determine that it must be resolved through arbitration. An arbitration clause in an employment agreement is common, and it legally requires us to follow this specific path instead of going to court.

We understand this can be an unexpected and confusing development. This guide explains what arbitration is, how it differs from court, and what you can expect as we move forward. Our commitment to fierce, strategic advocacy on your behalf remains exactly the same.

Arbitration is a private process for resolving legal disputes. Think of it as a private trial with a neutral decision-maker, called an arbitrator, instead of a judge and jury. Key differences from court include:

Forum: Arbitration is private and confidential, while court is public. The filings, the hearing, and usually the outcome stay out of public view.
Decision-maker: A neutral arbitrator (often a retired judge or experienced attorney) makes the final decision, not a jury.
Process: The rules for discovery and evidence are typically more limited and informal, which often makes the process faster than court litigation.
Appeals: An arbitrator's final decision, called an "award," is legally binding and very difficult to appeal. Unlike a court verdict, which can be reviewed by a higher court, an award is generally final for both sides, win or lose. Courts can overturn one only in rare situations. We will factor this into every strategic decision we make with you.

How long it typically takes

Arbitration is commonly faster than a court case because discovery is streamlined and there is no crowded court calendar. That said, it still takes time. Cases in arbitration commonly run many months, and complex ones can take longer. We will keep you posted on the schedule as it takes shape.

What we do

We handle each step of the process:

Initiating arbitration and selecting an arbitrator. We file a formal "Demand for Arbitration" with an arbitration organization, such as the American Arbitration Association (AAA) or JAMS. Both sides then participate in selecting a neutral arbitrator from a list of qualified candidates.
Simplified discovery. Just like in litigation, we exchange documents and information with the other side. This process is usually more streamlined and occurs on a shorter timeline. Your deposition may still be taken, and we will prepare you for it fully.
The arbitration hearing. This is the equivalent of a trial. We present your case to the arbitrator, introducing evidence and witness testimony. The employer does the same. The hearing is less formal than a court trial, but we will prepare you for it just as thoroughly as we would for court.
The arbitrator's award. After the hearing, the arbitrator issues a final, binding written decision. This award has the same effect as a court judgment.

What you do

Your partnership is just as critical in arbitration. Your responsibilities are the same as they would be in court: prepare thoroughly with our team, provide honest and clear testimony at the hearing, and maintain open communication with us throughout the process.

Because arbitration is confidential, be thoughtful about discussing the case outside your legal team, just as you would in a court case. If you are unsure what you can share, ask us.

What happens next

Cases in arbitration can still settle, and many do. Mediation often happens in arbitrated cases too. If the case goes to a hearing and an award is issued, the case then moves to resolution and closing, just like a court case.

Every case is different. Ask your legal team how this applies to yours.

Still have questions? Your legal team is happy to help. Message us through the client portal or call the office, and we will point you to the right person.