Employment Arbitration Cases
December 3, 2010
CPR is pleased to administer Employment arbitration cases under its Non-Administered 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:
1. 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.
2. The arbitrator may award any remedy available under statute or otherwise in a court of competent jurisdiction.
3. The employee and employer shall have the right to nominate any person(s) for consideration as an arbitrator.
4. The employee and employer shall have adequate access to relevant information through a discovery or exchange of information process.
5. The employee and employer shall have the right to representation by counsel of choice.
6. The arbitrator shall issue a written, reasoned award.
Companies wishing to develop Employee ADR programs may wish to consult our Employment Model Procedures (Mediation & Arbitration Employment procedures).
CPR does not administer cases that fall within the definition of “consumer arbitration” under California or DC law.