How to Avoid the Pitfalls of Mandatory Arbitration in California

This 19-page research report written for companies involved in business agreements covers the necessary steps to drafting and implementing arbitration agreements and the court's resistance to enforcing mandatory arbitration agreements, especially in California. The different types of contracts or agreements are described along with the proper and effective use of arbitration to resolve disputes arising from these contracts or agreements. The author uses court cases to summarize the evolution of arbitration and the current state of the law of mandatory obligation. Also presented are the terms to determine whether a contract is unconscionable and a description of best practices, both substantive and procedural. Using the above strategies, the report demonstrates how to achieve a more efficient resolution of disputes.

Other topics include:

• procedural and unconscionable contracts
• contracts of adhesion; opt-out provisions
• California's Fair Employment and Housing Act (FEHA)
• class action waivers
• discovery
• California Health and Safety Code provisions
• the Federal Arbitration Act
• credit card disputes

This Executive Report is written by John T. Hansen, Partner, Nossaman, Guthner, Knox & Elliott, LLP

About Executive Reports:

Executive Reports offer focused, hard-hitting advice from the leaders of some of America's top companies, packaged in a concise, readable format. Each research report provides readers with 3 to 5 strategies that will have a direct financial impact on their business. While not meant as a comprehensive guide, each report includes quick-hit items that can immediately impact specific business strategies. Executive authors drill down to the central issues surrounding each topic area and dispense expert advice in concise, direct language. Executive Reports feature leading professionals selected by the Aspatore Editorial Board based on their experience, research, and standing within the professional community.