Originally from Alternatives to the High Cost of Litigation

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Sever the provider-selection method, and enforce the arbitration.

That’s the Tenth U.S. Circuit Court of Appeals remedy in the case of Beltran v. AuPairCare Inc., No. 17-1359 (10th Cir. Oct. 30, 2018)(available at https://bit.ly/2QvLpLJ).

The appeals court first reversed a district court’s denial of an employer motion to compel arbitration. Then, the unanimous three-judge appellate panel remanded the case to a Denver federal district court to remove an arbitration provider selection clause—the employer got to choose—in order to enforce the parties’ agreement to arbitrate.