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ADR and the Courts

ADR and the Courts. Gilmer and Circuit City : Pre-dispute arbitration agreements are enforceable Brisentine : reqts. to enforce arb. agt.: Employee individually agreed to arb. agt. Agt. authorizes arbitrator to resolve statutory EEO claims

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ADR and the Courts

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  1. ADR and the Courts • Gilmer and Circuit City: Pre-dispute arbitration agreements are enforceable • Brisentine: reqts. to enforce arb. agt.: • Employee individually agreed to arb. agt. • Agt. authorizes arbitrator to resolve statutory EEO claims • Agt. gives employee right to insist on arbitration • Courts will closely examine fairness of arbitration agreement and process when asked to enforce agreement • Armendariz: Minimal procedural requirements of arbitration agreements: • Neutral arbitrator • Discovery process and access to witnesses • Written decision • Remedies available similar to statutory remedies • Plaintiff not required to pay arbitrator’s fees or unreasonable expenses

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