Are there any special considerations for employment arbitration?
Arbitration is a form of alternative dispute resolution (ADR) and is an increasingly popular option for resolving employment disputes in Texas. While arbitration can be an effective way to resolve disputes quickly and efficiently, there are certain special considerations that must be taken into account to ensure the fairness of the process. The first consideration is the selection of the arbitrator. The parties must agree on an impartial and experienced arbitrator with expertise in the subject matter of the dispute. Depending on the type of dispute, the arbitrator may need to be licensed and/or certified. Another consideration is the written agreement between the parties that outlines the rules and procedures that will be followed throughout the arbitration process. This agreement should include the timeline for the process, the type of evidence that will be allowed, the decision-making process and the finality of the arbitrator’s decision. In Texas, the parties must also adhere to the Texas Arbitration Act, which outlines the requirements of a valid arbitration agreement and the procedures for commencing, conducting and concluding the arbitration. It is important for those involved in the arbitration process to have clear expectations as to what to expect before, during and after the proceeding. By doing so, all parties can be assured that employment arbitration is conducted fairly and equitably.
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