Best Practices for a Successful Employment Arbitration

Date: Jun 10, 2024 9:00 a.m. – 11:30 a.m.

Location: Online

Member Price: $143

Non-Member Price: $179

Event Code: I109924

Areas of Law: Dispute Resolution, Labor & Employment

Earn up to 3 credits! (More Information)




Kirsten Scheurer Branigan, Esq.
KSBranigan Law P.C., Montclair


Tracy A. Armstrong, Esq.
Wilentz, Goldman & Spitzer P.A., Woodbridge
John R. Holsinger, Esq.
John R Holsinger LLC, Hackensack
Kelly M. Purcaro, Esq.
Greenspoon Marder, LLP, Newark
Claudia A. Reis, Esq.
Lenzo & Reis, LLC, Morristown

Arbitration agreements are often used by employers to quickly resolve employment disputes and avoid expensive litigation. Although courts increasingly favor arbitration agreements, they also  invalidate them for a variety of reasons, including the lack of affirmative consent and notice, and the failure to adequately disclose the waiver of a right to a jury trial. Attorneys who draft and execute arbitration agreements on behalf of employers should do so with judicial scrutiny in mind. Attorneys for employees and labor unions should closely examine the language and mutuality of the agreements. 

This informative seminar reviews new, relevant case law and provides guidance for both defense and plaintiff’s attorneys to draft, execute and challenge arbitration agreements, as well as best practices for representing clients in employment arbitrations.  As litigation moves into arbitration, practitioners must familiarize themselves with the rules and procedures applicable in this forum.  Ethical issues in arbitration and disclosures will also be discussed. 

This seminar is a must attend for a wide array of practitioners, including in-house counsel and counsel who draft arbitration provisions, members of the defense/management bar and plaintiff/union bar, litigators across the aisle, along with those serving in mediator/arbitrator roles.

Program Agenda:

  • 9:00 |Overview
  • 9:10 | Legal Update
    - FAA/NJ Arbitration Act
    - SCOTUS Case Update
    - Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act
    - Confidentiality: Speak Out Act and Post-Atalese update
    - Non-Disclosure under N.J.S.A. 10:5-12.8 (Senate Bill 5.121)
    - Drafting Effective Employment Arbitration Agreements
    - Class Action/Waiver 
  • 10:10 | Practice Tips
    - Drafting Effective Employment Arbitration Agreements
    - Class Action and Multiple Party Matters
    - Prehearing Tips on Employment Discovery and Dispositive Motion Practice
    - Tips for an Effective Arbitration Hearing
    - Pro Se Litigants in Arbitration 
  • 11:20 | Q&A
  • 11:30 | Adjourn

CLE Credits
NJ CLE:NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 3 hours of total CLE credit (Full Credits Available: NJ General: 3.0).
NY CLE (t&nt):NY Professional Practice Non-Transitional: 3.0
PA CLE:PA Substantive Credit: 2.5
New: No PACLE fee is required for this program. To earn PA CLE credits, a valid PA Bar ID number must be entered into the CLE form provided after attending the program.

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