Jury Trial Waiver: The Less-Traveled ADR Alternative

Law360, New York (May 29, 2013, 12:07 PM EDT) -- Employers seeking alternatives to jury trials have traditionally looked to arbitration agreements. Courts generally uphold arbitration agreements if they meet certain drafting and procedural and substantive unconscionability standards.

However, arbitration is not the cure-all once envisioned. Yes, matters generally proceed to resolution quicker than they would before a jury. Yes, arbitration enables employers to avoid unpredictable jury verdicts. But what about the significant arbitration costs (which largely need to be borne by employers), the difficulty in obtaining summary judgment (if such a motion is even permitted),...
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