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A broad overview of the state of employment ADR, including arbitration and mediation. The article addresses the defenses to enforcement of an agreement to arbitrate, unconscionability, and what should be considered when drafting an employment ADR plan.

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An examination of the standards for enforcing an employee’s waiver of the right to judicial resolution of employment disputes (in favor of arbitration). The validity of arbitration agreements under state law (as unconscionable or lacking consideration) is discussed, as is whether various terms of the agreement are fair (e.g., the right of unilateral amendment, allocation …

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