The author, a member of Epstein Becker & Green, P.C., is a co-founder and a past Chair of the New York State Bar Association Section of Labor and Employment Law. He acknowledges with appreciation the contributions of John E. Tuohy, Senior Attorney, Texaco Inc., and George W. Leopold, Jr., Associate General Counsel, McGraw-Hi/line., in the preparation of this article, and the research assistance of Epstein Becker & Green associate Linda Cavanna-Wilk in the preliminary drafting of portions of this material.
Employment-related lawsuits are taxing the judicial system beyond its limits. In some cases, plaintiffs are waiting years to be heard. In an attempt to ease this pressure, a growing list of state laws and regulations has made employer initiation of alternative dispute resolution increasingly desirable and a virtual necessity. Ultimately the courts will decide the precise extent to which an employer may hold the employee to an arbitrator's award-or to an employer-mandated obligation to submit disputes to arbitration.