A Fair and Thorough Process
When an employment dispute requires a decision rather than a negotiated settlement, choosing the right arbitrator matters. The arbitrator must be prepared to work through the facts, understand the applicable law, evaluate competing arguments, and make the decisions necessary to resolve the matter.
Jack Schaedel regularly serves as an employment arbitrator in Los Angeles and throughout the greater Southern California region, bringing more than 30 years of employment law experience to the role. His career includes representing both employees and employers in employment disputes, giving him extensive experience with the legal issues and arguments that can arise from both sides. Today, Jack applies that experience as a neutral decision-maker. He approaches each arbitration with careful preparation and close attention to the record, allowing the parties to fully present their positions before he evaluates the evidence and applicable law. His experience in employment law allows him to handle complex workplace disputes while staying focused on the specific issues that must be decided.
What Is Employment Arbitration?
Employment arbitration is a form of alternative dispute resolution (ADR) in which an independent arbitrator hears the parties’ positions, considers the evidence and applicable law, and issues a decision known as an award. Instead of a judge or jury deciding the dispute in court, the parties present their case to an arbitrator selected under their agreement or the applicable arbitration rules.
Arbitration can resolve a wide range of employment disputes, including, but not limited to:
- Contractual disputes between employers and employees, including employment agreements, compensation, commissions, and other contractual obligations.
- Disputes between management and labor, including workplace and employment-related disagreements.
- Discrimination, harassment, and retaliation claims.
- Wrongful termination and employment separation disputes.
- Wage-and-hour disputes, including claims involving unpaid wages, overtime, and other compensation.
- Disputes involving employment policies, benefits, or workplace practices.
- Disputes between businesses and their employees or independent contractors.
- Other employment-related contractual or statutory claims.
The structure of an arbitration depends on the parties’ agreement and the applicable rules. Arbitration may be binding or non-binding, and those distinctions can have important consequences for the parties and their ability to challenge or pursue the dispute elsewhere.
Binding vs. Non-Binding Arbitration
One of the most important considerations when entering arbitration is whether the process is binding or non-binding.
Binding Arbitration
In binding arbitration, the arbitrator’s decision is generally final and enforceable, subject to the limited grounds for challenging or vacating an award provided by applicable law. The parties typically agree in advance to accept the arbitrator’s decision rather than proceed to a trial on the same dispute. Because a binding award is so significant, selecting an experienced and qualified arbitrator is an important part of the process.
Non-Binding Arbitration
In non-binding arbitration, the arbitrator provides a decision or award. Still, the parties may retain the ability to reject it and pursue other avenues for resolving the dispute, including litigation, depending on the applicable agreement and rules. The specific effect of an arbitration proceeding depends on the parties’ agreement and the applicable law and rules. Parties should understand those terms before proceeding.
Arbitration vs. Mediation
Although both are forms of alternative dispute resolution, arbitration and mediation serve different purposes. In mediation, the neutral helps the parties negotiate but does not decide the dispute. The parties retain control over whether they reach an agreement. In arbitration, the arbitrator acts as the decision-maker. After considering the parties’ positions, evidence, and applicable law, the arbitrator issues an award. Depending on the agreement, that award may be binding. Understanding this distinction matters when determining which dispute resolution process fits a particular matter.
What Can an Arbitrator Award?
The relief available in arbitration depends on the claims involved, the parties’ agreement, and the applicable law and arbitration rules. Depending on the circumstances, an arbitration award may address issues such as:
- Monetary damages or compensation
- Contractual relief
- Declaratory relief
- Injunctive or other equitable relief
- Attorneys’ fees and costs where permitted
- Other remedies available under the applicable law
The applicable agreement, governing law, and arbitration rules define the arbitrator’s authority.
How Does Employment Arbitration Work?
While every arbitration is different, the process generally follows a structured series of steps which include:
- Selecting the Arbitrator: The parties select a neutral arbitrator according to the terms of their agreement or applicable arbitration rules. Because the arbitrator will evaluate the evidence and make decisions that can significantly affect the outcome, experience matters. With more than 30 years of employment law experience, Jack Schaedel brings the legal knowledge and practical perspective needed to understand complex employment disputes and serve as a thoughtful, informed neutral.
- Pre-Hearing Process: Before the hearing, the parties may address procedural issues, exchange information and documents, identify witnesses, and establish the framework for presenting their respective cases. Jack prepares carefully for each matter so he can understand the relevant facts, legal issues, and arguments before the hearing begins.
- Presenting the Case: At the arbitration hearing, each side presents evidence, examines witnesses, makes legal arguments, and responds to the opposing party’s position. The process is generally less formal than a traditional court proceeding, although it remains a structured adjudicative process.
- Evaluating the Evidence and Law: The arbitrator considers the evidence presented by the parties together with the applicable legal standards. Jack brings extensive employment law experience to this stage, allowing him to engage closely with the legal and factual issues presented.
- Issuing the Award: After considering the case, the arbitrator issues an award addressing the dispute. Depending on the type of arbitration, the award may be binding or non-binding and may provide monetary or other relief authorized by the applicable agreement, law, and rules.
Why Consider Arbitration?
The advantages of arbitration can vary depending on the type of arbitration, the parties’ agreement, and whether the proceeding is binding or non-binding. For parties considering arbitration for an employment dispute in Los Angeles or elsewhere in Southern California, several characteristics of the process may make it an appealing alternative to traditional litigation.
Potentially Less Costly and More Efficient Than TrialArbitration can be less formal than a traditional court proceeding and may involve more streamlined procedures than litigation. The parties may also have greater flexibility when scheduling the proceeding, which can sometimes allow a dispute to be heard sooner than it might be in court. Actual cost and timeline depend on the dispute’s complexity, the applicable rules, and the parties’ chosen process.
A Private Dispute Resolution ProcessUnlike court proceedings, which are generally matters of public record, arbitration is typically conducted privately. Depending on the applicable agreement and rules, the parties may be able to maintain greater privacy regarding the dispute, the evidence presented, and the resulting award. This can be particularly important in employment matters involving sensitive workplace, personnel, or business information.
Greater Control Over the ProcessArbitration can give the parties greater input into how their dispute will be handled. Depending on the arbitration agreement and applicable rules, the parties may have a role in selecting the arbitrator and establishing procedures for the proceeding. Choosing a neutral with substantial employment law experience can be particularly valuable when the dispute involves complex legal or factual issues.
A Focused Setting for Complex DisputesArbitration provides a structured setting for the parties to present evidence, testimony, and legal arguments to a neutral decision-maker. For disputes involving detailed employment agreements, compensation issues, workplace claims, or other complex legal and factual questions, a focused arbitration process can allow the parties to concentrate on the issues that matter.
Why Choose Jack Schaedel as an Arbitrator?
Arbitration requires more than familiarity with employment law. An arbitrator must absorb a significant amount of information, identify the issues that matter, evaluate competing evidence and arguments, and apply the law to the facts presented. Jack Schaedel brings more than 30 years of employment law experience to that responsibility and regularly serves as an arbitrator in employment disputes. Jack’s experience as a practicing employment attorney gives him a strong foundation for understanding the complexities that can arise during arbitration. He has handled employment disputes involving a wide range of legal and factual issues and understands how attorneys develop and present their cases. That experience allows him to engage with sophisticated legal arguments while staying focused on the evidence and issues relevant to the decision.
As an arbitrator, Jack takes a careful and deliberate approach to each matter. He comes prepared, listens closely to the testimony and arguments presented, and takes the time necessary to evaluate the record before reaching a decision. He does not approach arbitration with a predetermined view of the outcome. Instead, he considers the evidence and applicable law presented by the parties and applies his judgment to the issues before him.
Jack also understands the importance of a clear, reasoned award. An arbitration decision should do more than announce an outcome; it should explain how the arbitrator reached that conclusion and address the key factual and legal issues the parties present. Jack’s written awards are designed to provide that clarity, giving the parties a clear understanding of the decision and the reasoning behind it.
For parties seeking an experienced employment arbitrator, Jack offers the combination of substantive employment law knowledge, extensive experience in the field, and the judgment required to serve effectively as a neutral decision-maker.
Is Arbitration Right for Your Employment Dispute?
Arbitration can be useful when the parties want an experienced neutral to evaluate the dispute and provide a decision rather than negotiate a settlement through mediation. At the same time, arbitration involves important considerations, especially when it is binding, and the parties may have limited ability to challenge the resulting award. The appropriate process depends on the nature of the dispute, the parties’ agreement, the applicable rules, and the parties’ goals. Unsure if arbitration is right for your dispute? Reach out to Jack to discuss your case and learn more.