When appropriate, and to the extent authorized by law, the use of alternative means ofdispute resolution, including…arbitration is encouraged to resolve disputes arising underthe Acts or provisions of federal law amended by this Title.
- No Juries: Many employers view juries as plaintiff-friendly, overly generous, and unpredictable. Juries may award excessive emotional distress and/or punitive damages (which, arguably, can be the impetus to pretrial settlement). The conventional wisdom is that arbitrators tend to be more predictable and reasonable in awarding damages.
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Disclaimer: The content of this post and of all posts on The Emplawyerologist is not legal advice and does not create an attorney-client relationship. Always consult with competent local employment counsel on any employment law issue.