LAWS GOVERNING ARBITRATION

Federal statutes of significance involving arbitration include the Federal Arbitration Act, the Labor Management Relations Act, and the Railway Labor Act. State arbitration law is derived from both state common law and legislation.

HOW ARBITRATION WORKS

Arbitration is a method for resolving a dispute by using an impartial arbitrator. The arbitrator is agreed upon by the parties and hears both sides of the matter outside of a courtroom. His or her decision will be final and binding on both parties. Arbitration is typically used in the following circumstances:

  • An arbitration agreement is in place
  • A collective bargaining agreement or other contract contains an arbitration clause
  • Arbitration is mandated by law for a particular dispute

THE ARBITRATION PROCESS

McMahon Berger assists clients in union and non-union settings with all aspects of arbitration:

  • Drafting and negotiating arbitration agreements
  • Enforcing arbitration agreements
  • Selecting an impartial arbitrator
  • Representing clients at arbitration hearings
  • Drafting post-hearing briefs

Labor Law

Advocacy before arbitrators, mediators, labor boards, agencies, and state and federal courts.

INDIVIDUAL CLASS ACTION & LITIGATION

Vigorous pursuit of the best possible solution for each individual client.

Investigations

Uncovering the facts needed to resolve employment and labor issues.

Nonprofit Counseling

Legal assistance with labor and employment matters for nonprofit organizations.