Arbitration involves a process whereby contending parties agree voluntarily to submit a dispute to a neutral party for decision and agree to comply with the decision.
Examples of Industries Using Arbitration
Why Arbitration?
Arbitration Experience
Arbitration Panels
Federal Mediation and Conciliation Services - Labor Panel, 2012
State of Texas Comptroller - Property Division, 2012
American Arbitration Association - Labor Panel, 2010
Better Business Bureau - AutoLine, 2010
United States Postal Service and American Postal Workers Union, AFL-CIO, 2007-2009
Arbitration Training
Speeches and Presentations
- Can be binding or non-binding based upon party requests or contract requirements
- Objective of arbitration is adjudication, not compromise
- Informal process, similar to court trial
- Often preferred to litigation because parties can limit discovery and set their own rules for presenting evidence
- Usually a last resort, when other ADR processes like mediation have failed
- Grounds for modifying or vacating an arbitration award are narrow, so most Awards are “final”
- Parties may apply to the court to confirm the arbitration award
Examples of Industries Using Arbitration
- Labor
- Securities
- Commodities
- International Trade
- Construction
- Medical Malpractice
- Maritime
- Escrow
Why Arbitration?
- Provides speedy resolution (5-60 days)
- Less costly than litigation
- Less discovery
- Final and Binding
- Private and Informal
- Expertise of specialized tribunal
- Easier to schedule hearing with arbitrator than with court
- Decision maker with subject mater expertise
- Courts are not well adapted to specific industry needs (e.g. labor-management relations)
Arbitration Experience
- More than thirty (30) Arbitration Awards for public sector labor and employment cases
- Arbitrated Issues: breach of contract, arbitrability, bargaining unit work, discipline, insubordination, absenteeism, FMLA, leave, procedural due process, disparate treatment, past practices, manufacturer's warranty
- President, Labor and Employment Relations Association, Houston Chapter
Arbitration Panels
Federal Mediation and Conciliation Services - Labor Panel, 2012
State of Texas Comptroller - Property Division, 2012
American Arbitration Association - Labor Panel, 2010
Better Business Bureau - AutoLine, 2010
United States Postal Service and American Postal Workers Union, AFL-CIO, 2007-2009
Arbitration Training
- Labor Arbitrator Training II - American Arbitration Association, 2012
- Labor Arbitrator Training I - American Arbitration Association, 2010
- Better Business Bureau - AutoLine Arbitrator Training, 2010
- Labor Arbitrator Training - National Academy of Arbitrators / Labor & Employment Relations Association, SW Conference, 2010
- Becoming a Labor Arbitrator - Federal Mediation & Conciliation Service, 2009
- Labor Arbitrator Training - National Academy of Arbitrators / Labor & Employment Relations Association, SW Conference, 2009
Speeches and Presentations
- History of Labor Arbitration, Arbitrator Role, Building an Arbitration Practice, Manousso Arbitration Training, 2011, 2012
- Interactional Justice: Moving Away from the “Judge Judy and Executioner” Approach to Labor Arbitration, LERA / NAA SW Conference, Houston, Texas, 2010