Employment Arbitration Cases
Employment disputes may be arbitrated under CPR's Arbitration Rules (2007, 2005, 2000, 1995, 1990 respectively) or rules developed by a company.
Participation As Administrator
Except as otherwise ordered by a court, in any matter between an employee and an employer where CPR is designated as the provider organization in a pre-dispute arbitration agreement, CPR reserves the right to decline to administer any portion of the proceeding unless at a minimum the arbitration agreement provides or the employer, has agreed upon in writing, the following due process protections for employees:
- The employee is required to pay as costs of arbitration no more than the filing fee to file the case in a court of competent jurisdiction embracing the location of the arbitration, or if none is specified, the county where the employee perform(ed)(s) his or her services.
- The arbitrator may award any remedy available under statute or otherwise in a court of competent jurisdiction.
- The employee and employer shall have the right to nominate any person(s) for consideration as an arbitrator.
- The employee and employer shall have adequate access to relevant information through a discovery or exchange of information process.
- The employee and employer shall have the right to representation by counsel of choice.
- The arbitrator shall issue a written, reasoned award.
- If the agreement to arbitrate addresses the issue of class actions, the employee retains the right at his or her election to participate in such a proceeding in a court of law as an alternative to participating in arbitration.
Companies wishing to develop Employee ADR programs may wish to consult our Model Employment Procedures (Mediation & Arbitration Employment procedures).
CPR does not administer cases that fall within the definition of “consumer arbitration” under California or DC law.