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November 19th, 2009


Mandatory Employment Arbitration: Keeping It Fair, Keeping It Lawful


Theodore J. St. Antoine
James E. and Sarah A. Degan Professor of Law Emeritus
University of Michigan Law School
Thursday November 19, 2009
5:00-6:00 p.m.
Case Western Reserve University School of Law
The Rush McKnight Labor Law Lecture presented by CISCDR (Center for the Interdisciplinary Study of Conflict and Dispute Resolution)

Agreements requiring employees to arbitrate all disputes with their employers, including statutory claims, instead of taking them to court, have become highly controversial. As a condition of getting or keeping a job, employees must waive their right to go before a judge and jury to pursue their cases. Yet in addition to saving the employer high litigation costs and devastating jury awards, so-called mandatory arbitration may give ordinary lower-paid employees the only practical means of enforcing their job rights. Courts are increasingly insisting on due process safeguards in these systems. Practitioners in the employment field should know about the pros and cons of mandatory arbitration agreements, and about the fast-moving legal developments concerning their validity.

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