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Binding Arbitration By RL Carver More and more employers are adding a clause to their employment application or the employees handbook. This clause, in effect, gives away your right to sue if you have a dispute with your employer.The clause is for binding arbitration and requires you to go to an arbitrator or arbitration board and allow them to settle all disputes. Arbitration, if you are not familiar with it, is like going to court. Instead of a Judge you hire an arbitrator or a panel of arbitrators. They hear the evidence, listen to the witnesses, and decide your fate. You present your case just as if you were going to court. The evidence rules are less stringent but there are deadlines--dates that have to be met for evidence or witnesses to be allowed. You have to argue your case and summarize it based on the evidence. Once the arbitrator rules and writes his decree you are stuck. You can't go to court, sue, or be heard by a panel of jurors. Even the EEOC is against arbitration clauses for employees and suggests mediation rather that arbitration. If your company has an arbitration clause, it should be clearly disclosed and give you time to seek legal advise before signing. However, even after you sign, you have seven to ten days to change your mind. If your company has a mediation clause, you are fortunate because mediation is voluntary, confidential, effective, and cost and time efficient. Mediation is informal and no rules of evidence apply. In fact the mediator is really a facilitator who will help you and the other party find a middle ground where you both win. Mediation:
If no agreement is reached by mediation, you can go to court. A mediator does not have to be a lawyer, but he does need training in mediation. To be a good and effective mediator, one must remain totally neutral. In fact the Texas State Bar ethics rule #11 and the law says, "A mediator cannot give any legal or professional advice during mediation and must advise the parties to seek professional advice from whomever". For more information on mediation or arbitration contact R. L. Carver (214) 337-2951. |
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