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Understanding Arbitration

How we resolve your case outside of the traditional court system.

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.

How is Arbitration Different from Court?

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 include:

  • Forum: Arbitration is private and confidential, while court is public.
  • 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, making the process faster than court litigation.
  • Appeals: An Arbitrator's final decision, called an "Award," is legally binding and very difficult to appeal.

The Arbitration Process: Step-by-Step

  1. Initiating Arbitration & Selecting an Arbitrator: We file a formal "Demand for Arbitration" with an organization like the American Arbitration Association (AAA) or JAMS. Both sides then participate in selecting a neutral Arbitrator from a list of qualified candidates.
  2. Simplified Discovery: Just like in litigation, we will exchange documents and information with the other side. However, this process is usually more streamlined and occurs on a shorter timeline.
  3. The Arbitration Hearing: This is the equivalent of a trial. We will present your case to the Arbitrator, introducing evidence and witness testimony. The employer will do the same. This hearing is less formal than a court trial. We will prepare you for it just as thoroughly as we would for court.
  4. The Arbitrator's Award: After the hearing, the Arbitrator will issue a final, binding written decision. This Award has the same effect as a court judgment.

Your Role Remains the Same

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