Category Archives: ADR for DC Employment Law Cases

Our Washington DC employment lawyer explains ADR, or alternative dispute resolution, best practices using his knowledge as an employment law arbitrator.

What is the Proper Role for Dispositive Motions in Arbitration?

To achieve speedy resolutions, and to resolve matters as cost-effectively as possible, arbitrators should be careful in allowing the filing of dispositive motions. They make sense for gateway issues, but not for issues going to the substance of the merits. Allowing such motions generally would lengthen the time required to resolve cases, and multiply discovery to the magnitude needed in Federal courts. When trials are held on affidavits, the parties need a lot of depositions because that may be their only opportunity to examine the other sides’ witnesses. Ruling out trials by affidavits in the bulk of cases allows the promise of arbitration–faster, cheaper and fair resolutions–to be realized. Parties need to know at the outset what will and will not be allowed, so they that can cut their discovery needs. Continue reading

Posted in ABA, ADR for DC Employment Law Cases, Baseless Cases for Washington DC Employment Law, Employment Law Newsletters, Federal Rules for Employment Law, Meritorious Cases for Employment Law, Summary Judgment in Employment Law Cases, Washington DC Arbitration | Tagged , , , | Leave a comment

Attorneys’ fee awards where the recovery to the client is taxable (i.e., NOT personal injury cases)

There is a compelling tax reason to specify the amount of the recovery going for attorneys’ fees and expenses, in cases not involving personal injury. In other words, taking the position that “it’s none of the other side’s business” can be expensive for both sides. Continue reading

Posted in ADR for DC Employment Law Cases, Attorney's fees, Attorney's fees, DC Employment Agreements, Mediation for Employment Disputes, Taxes on Employment Law Recoveries, Washington DC Arbitration, Washington DC Employment Contracts | Tagged , | Leave a comment

Drafting Problems: Noncompetes that Enlarge a Plaintiff’s Damages

Employers draft noncompetes for several reasons, but I suspect rarely draft noncompetes so they will have to pay a lot more for a retaliatory or discriminatory termination. Continue reading

Posted in ADR for DC Employment Law Cases, Attorney's fees, DC Non-compete Employment Agreements, non-compete, Washington DC Employment Contracts, Washington DC Noncompetition Contracts | Tagged , , | Leave a comment