New rules for new challenges

Article Abstract:

The courts and the American Arbitration Association (AAA) have taken action to insure that employees are not unjustly treated by mandatory arbitration agreements. The Ninth Circuit Court of Appeals stated in 1994 that employees must knowingly enter into mandatory arbitration agreements. The US Supreme Court upheld punitive damages when an employer arbitration clause precluded them. The AAA's California Employment Dispute Resolution Rules recommend arbitrator neutrality, legal representation for parties, adequate discovery, equal burden of proof and arbitration awards equal to court awards.

Political activity, Negotiation, mediation and arbitration, California, American Arbitration Association

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The issues concerning mandatory arbitration

Article Abstract:

Certain guidelines exist to determine if mandatory arbitration is enforceable in employment disputes. Employee handbooks that publish mandatory arbitration policies are generally considered contracts. Violations of statutory law can be arbitrated. Courts must decide if a case is arbitrable when the Federal Arbitration Act is not applicable. Courts can vacate an arbitration award only under limited circumstances.

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Postponing arbitration: are parallel criminal proceedings a just cause?

Article Abstract:

Arbitration proceedings may by affected by a criminal proceedings that concerns the same event under dispute in arbitration. Disputants may invoke the Fifth Amendment during the arbitration. The arbitration may be rightfully postponed if lawyers for the criminal proceeding demonstrate that the arbitration will adversely affect the criminal proceeding.

Interpretation and construction, Criminal law, Self-incrimination, Self incrimination

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