Employment
CPR's Dispute Resolution Services have the experience to assist parties in resolving sensitive workplace disputes efficiently and expeditiously.
CPR’S RULES & PROCEDURES: CREATED BY END-USERS
CPR’s Administered Employment Rules reflect the need for efficient and effective resolution while ensuring that vital due process concerns remain protected. Our rules, protocols, and model clauses reflect the collaboration of counsel from the plaintiff’s bar, in-house employment counsel, corporate defense attorneys, and neutrals.
Key features of CPR's Administered Employment Rules include:
- CPR’s Due Process Protections, directly incorporated in the rules, providing guidance on when they apply (Rule 1.4).
- Issues of joinder and consolidation are decided by an administrative arbitrator should they arise prior to selection of the merits arbitrator; the rule identifies specific factors to be considered (Rules 3.12-3.13).
- Default to a single arbitrator, while including a variety of options for selection, including CPR’s unique Screened Selection process for tribunals (Rules 5-6).
- Fee allocation generally falls to the employer; where a party does not pay the Rules provide clarity on preserving the rights of the non-defaulting party; and the arbitrator has authority to shift fees to the same extent a court would be able to do so (Rules 17-19)
- Confidentiality is not imposed by rule upon the parties, consistent with developing case law. Confidentiality orders may be ordered by the arbitrator to protect evidence/discovery (Rule 20).
- Discovery provisions that balance fairness and cost-efficiency (Rule 11).
Review our Employment Arbitration Services as well as our specialized Pricing and Fees for Administered Employment Arbitration and the Employment-Related Mass Claims Protocol.
CPR's Mediation Services include multiple methods of mediator appointment, as well as Mediation Procedures created by the CPR Mediation Advisory Committee, a group of the nation's leading mediators. For organizations interested in a tailored mediation program, please reach out to Neutrals@cpradr.org.
EMPLOYMENT-RELATED MASS CLAIMS PROTOCOL
The Employment-Related Mass Claims Protocol (ERMCP) (updated September 2022) provides an innovative mechanism to encourage all parties to reach a faster resolution of their cases. Parties have the opportunity and incentives to reach a global framework for resolving all of their cases before proceeding with more arbitrations. A novel fee structure is set up that does not require company-paid filing fees up front but instead collects an initiation fee followed by fees paid incrementally as each case is addressed.
EMPLOYMENT PANEL OF NEUTRALS
Our Panel of Distinguished Neutrals includes over 200 neutrals with experience in all aspects of employment law and disputes, including executive compensation, misclassification and wage/hour, statutory discrimination and termination issues. This employment panel is over 48% diverse.
EXPERTISE IN CASE MANAGEMENT
The CPR Dispute Resolution team is responsive, efficient, and detail oriented. Our case managers have extensive experience in ADR, with backgrounds at a range of provider institutions, and have managed matters across the globe and in a wide variety of different subject areas.