OBA Alternative Dispute Resolution Program

ADR Clauses and Employment Contracts: How to Avoid Costly Litigation

Dispute clauses in employment agreements can help prevent costly litigation. Equip yourself with the knowledge to understand and draft effective alternative dispute resolution (“ADR”) clauses in employment contracts. Join our faculty as they address:

• Benefits and operation of ADR clauses in employment contracts: should you consider requiring negotiation, mediation and/or litigation arbitration of employment disputes?
• How poorly drafted ADR clauses in employment contracts can derail mediations: a mediator’s perspective
• Is your ADR clause enforceable? The cautionary tale of Heller v. Uber Technologies Inc.
• Is confidential arbitration inappropriate for some employment issues? Why Google, Facebook, Uber and Microsoft have stopped requiring private arbitration of harassment claims in the U.S.
• Can employers contract out of Human Rights Tribunal of Ontario jurisdiction?
• Best practices in drafting ADR clauses – stepped resolution clauses, considerations and drafting strategies

Featuring experienced employment counsel Sara Parchello, Alex Van Kralingen and employment lawyer/mediator Stuart Rudner.