Scott T. Cliff

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The Arbitration Fairness Act of 2009

Legislation has been introduced in both houses of Congress that would all but eliminate an employer's right to create an employment agreement or letter of employment that enters into a pre-disputed arbitration agreements with its employees.

Under the Arbitration Fairness Act of 2009, pre-dispute agreements requiring the arbitration of an employment dispute or any dispute arising under any statute intended to protect civil rights would be invalid and unenforceable. The legislation would not affect arbitration agreements entered prior to the statute's enactment.

In its current form, the Act only prohibits pre-dispute arbitration agreements. Thus, employers and employees would still be permitted to enter into agreements to resolve particular disputes in arbitration, but only after the dispute has already arisen.

The proposed legislation would significantly affect employers who require employees to sign arbitration agreements, either at the outset of employment or anytime thereafter, in anticipation of possible employment disputes.

The House version of the Act (H.R. 1020) is currently pending before the House Judiciary Subcommittee on Commercial and Administrative Law. Likewise, the Senate version (S.931) is pending before the Senate Judiciary Committee.

Return to this site for continued updates on the progress of this law.

Scott Cliff Law is ready to assist you in preparing for these and other employment-related challenges.

ARBITRATION SHOULD NOT BE ARBITRARY!

For more than ten years, Scott T. Cliff has served as a court-approved arbitrator for the Circuit Courts in Clackamas, Multnomah and Washington counties.  Lawyers and parties entrusting their cases to him discover him to be dedicated to providing an ample, fair and impartial hearing as well as a well-reasoned and clearly-written decision.

As a lawyer who has represented both plaintiffs and defendants, Scott approaches each case with a balanced perspective and a desire to issue findings of fact and conclusions of law free from the bias and prejudice that can creep into the thinking of even the most well-intentioned practitioner after too many years on “one side of the tracks.” 

Types of cases arbitrated as a court-appointed arbitrator include:

Business

Real Estate

Construction

Employment

Consumer

Breach of contract

Personal Injury

 

Dispute Resolution

"Disputes may be common, but they are not inevitable. The key to avoiding or quickly resolving disputes is having the proper mechanisms in place to manage related issues. Acting proactively before issues arise and formal dispute resolution treatments become mandatory is beneficial"

American Arbitration Association

Definition:

Arbitration (n.) The process by which the parties to a dispute submit their differences to the judgment of an impartial person or group appointed by mutual consent or statutory provision.

The American Heritage® Dictionary of the English Language


 

 

 

 

 

 

 

 

 

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