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Session Details

Name

902 Debating Mandatory Arbitration Agreements

Date & Time

Friday, October 18, 2019, 11:20 AM - 12:20 PM

Speakers

Kerri S. Reisdorff - Ogletree Deakins
Kirsten Hotchkiss - American Express Global Business Travel
Jennifer M. Levanchy, Esq - Express Stores
Jennifer Persico - E*TRADE Financial Corporation

Kerri S. Reisdorff Kirsten Hotchkiss Jennifer M. Levanchy, Esq Jennifer Persico

Description

As occurrences of employment litigation increase, many employers are turning to arbitration agreements to protect themselves. This essentially makes employees agree that they will not pursue a jury case during or post employment should, they have grievances during their employment. Mandatory arbitration agreements protect companies from civil suits and more. However, they are not without controversy. Employee advocates argue that there are fairness and ethical questions around refusing an employee the right to air their grievances to a jury or seeking class-wide relief. In fact, some believe that the whole arbitration process is ethically flawed due to the ability for those involved, from the arbitrators to the lawyers,  to make ethical or unethical behavioral choices in addition to, the drafting and signing of these arbitration clauses by parties that do not fully understand them. During this session speakers will discuss: -Common requirements of arbitration agreements - Evaluating the fairness, justice, and ethics of arbitration process -Discuss the reasons for and against mandatory arbitration -Review recent public opinion on these agreements

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