ADR and the Courts

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ADR and the Courts

• Gilmer and Circuit City Pre-dispute arbitration
  agreements are enforceable
• Brisentine reqts. to enforce arb. agt.
• Employee individually agreed to arb. agt.
• Agt. authorizes arbitrator to resolve statutory
  EEO claims
• Agt. gives employee right to insist on
  arbitration
• Courts will closely examine fairness of
  arbitration agreement and process when asked to
  enforce agreement
• Armendariz Minimal procedural requirements of
  arbitration agreements
• Neutral arbitrator
• Discovery process and access to witnesses
• Written decision
• Remedies available similar to statutory remedies
• Plaintiff not required to pay arbitrators fees
  or unreasonable expenses