The author, a member of Sherman & Howard L.L.C., has practiced in the firm’s labor and employment law department since 1989. He is a member of the editorial review board of The Colorado Labor Letter, a monthly publication dealing with labor and employment issues with a focus on developments affecting Colorado employers, and has written extensively in the area of employment issues.
Mandatory pre-dispute arbitration agreements in the employment context are extremely controversial. As more employers implement such policies, employee advocacy groups condemn their use and resist judicial enforcement, leading to increased court review of such agreements over the last several years. Andrew Volin takes an objective look at the significant judicial developments that occurred primarily in 1996 and includes a series of tips involving various substantive issues.
More and more employers are considering whether arbitration of employment claims might offer a faster, less expensive, and more predictable resolution than the jury system. This increasing interest in arbitration is leading to more cases on this subject. This article will review recent developments and offer guidance to employers, in the form of 16 tips.