Originally from Alternatives to the High Cost of Litigation

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Alternatives presents a special feature comparison of the current employment arbitration rules from four major dispute resolution providers. When using the rules, best practice is to check the latest versions for the exact current wording in the comparison categories, available at the organizations’ websites listed at the top of the chart.

Practitioners are also advised to carefully consider the consequences of selecting one set of rules over another as the subtle differences between the sets of rules may align with, or frustrate, clients’ strategic or tactical needs. This advice is as important for corporate counsel constructing an alternative dispute resolution clause as part of an employment agreement or employees’ dispute resolution procedure as it is to outside counsel considering options when drafting. While the choice of arbitration governing rules generally follows the selection of the administering body, it may fairly be said that the former is more important than the latter.