Dallas arbitration lawyers represent clients in Dallas, Texas and surrounding areas in arbitration and other alternative dispute resolution proceedings. Arbitration is a non-judicial proceeding that is similar to litigation but takes place before a private arbitrator or arbitration panel. Arbitration takes place when parties agree to have claims against each other heard in arbitration instead of filing a lawsuit. It is typically a less complex and quicker process than litigation in Texas. Although employment arbitration is generally a streamlined process it is still a complex process and often rigged in favor of the employer and the employer’s lawyers.
Employment arbitration agreements in Dallas, Texas
Some Texas employers prefer to include arbitration agreements as a condition of employment. Employers often require employees to agree to an arbitration agreement as part of the hiring process. The arbitration agreement usually requires any employment-related claims to go into the arbitration process rather than filing a lawsuit. If the employee files a lawsuit in Texas or federal court then the employer has the power to stop the lawsuit and move the proceedings into the arbitration process. The Federal Arbitration Act and Texas Arbitration Act give preference to arbitration agreements and entitle parties to remove claims covered by an arbitration agreement into arbitration.
Once the employment law claims move into arbitration they become governed by the arbitration rules and the arbitration agreement because it is a private forum. The arbitration agreement can dictate almost any rules the parties agree to because it is a contractual relationship. The FAA and TAA only require minimal due process protections in arbitration as a condition of losing access to federal and Texas courts.
Employment lawyers in Texas arbitration
Employers often set up arbitration proceedings to use minimal discovery practices but all the motion practice they use in litigation to defeat employee claims. Discovery is expensive for employers but importantly, it is a critical process for employees to obtain the information to prove their claims. Employers exclusively control employment files, emails, disciplinary records and other important documents. Minimizing access to these documents makes it harder for employees to prove their claims. Dallas arbitration lawyers understand how to work efficiently within this process to present the best case for the employee’s claims.
Additionally, many of the same procedural rules and techniques apply in arbitration. A Texas arbitration may still include motions for summary judgment, motions to dismiss, motions to strike, evidentiary rules apply in trials and hearings and arbitration decisions can be appealed back to court. Although employers frame arbitration as a do-it-yourself system for employees, it definitely is not. Employers never go into arbitation without their in-house counsel or other attorney representation. You shouldn’t either.