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Alternative Dispute Resolution

Mar. 18, 2005

Case Fuels Tug-of-War Over State, Federal ADR Handling

Focus Column - Alternative Dispute Resolution - By Michael G. McGuinness and Adam J. Karr - Arbitration of employer-employee disputes has been no stranger to controversy in California. California courts have refused to enforce - or have limited the application of - employer-employee arbitration agreements time and time again under varying state specific judicial doctrines (e.g., unconscionability and rules formulated to safeguard "unwaivable statutory rights"). See, e.g., Armendariz v.

        
        Focus Column
        
        Alternative Dispute Resolution
        
        By Michael G. McGuinness
 &...

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