JAMS encourages the use of mediation and the creation of voluntary jobs that are not a prerequisite for initial employment or continued employment. JAMS does not take a position on the applicability of arbitration clauses on the condition of employment. If the courts definitively decide that such clauses are not applicable, or if laws or regulations prohibit their use, JAMS will respect judgments or laws in applicable cases or jurisdiction. In the absence of such prohibitions, JAMS accepts arbitrations on the basis of conditions of employment, as long as minimum standards are met, but does not encourage the use of these clauses. Examples of basic clauses that provide for mediation or arbitration in an employment contract are inserted below. Many issues can compromise the applicability or effectiveness of these example clauses, so it is recommended that you review the legislation in your jurisdiction and remain advising experienced consultants. The information contained in this information should not be considered legal advice or legal advice. You can get information about the designation of JAMS in your program or the definition of an application at your local JAMS office at 1.800.352.5267. Labour law is now one of the fastest legal areas in the United States.
Allegations of harassment and discrimination have changed most companies` practices and employee relations policies. Costs, advertising, delays and disruptions resulting from litigation have significantly increased the use of alternative methods to identify and resolve potentially damaging disputes. Many workplace disputes can be resolved in their early stages by companies that design and implement employee dispute resolution programs. Such programs typically set up sequential processes that go from non-binding to engagement stages. FOR 35 YEARS, JAMS is at the forefront of alternative dispute resolution (ADR). JAMS is committed to ensuring that our administrative and professional practices meet the needs of all parties and meet the standards of fairness set by existing legislation. To this end, any employment issues referred to JAMS under a mandatory advance clause must first be considered by our labour experts before the administration begins to ensure compliance with the minimum JAMS standards of procedural fairness. If a compromise clause or arbitration procedure is not followed, JAMS will inform the employer that the arbitration application is not accepted, unless jamS minimum standards are fully met. The following structure is intended as a basic guide for companies considering an employment dispute resolution program.