Last week, Brian Rochel had the privilege of presenting at the National Employment Lawyers Association (NELA) Annual Convention in Baltimore, MD. Brian’s presentation, “Anatomy of an Arbitration,” walked through the arbitration process step by step, from strategy considerations before filing through final hearing and enforcement of awards.

Many employees are forced into arbitration due to mandatory arbitration clauses in their employment agreements. Arbitration can feel mysterious and intimidating, especially since it is a private process and decisions are often not public. In his presentation, Brian aimed to demystify arbitration for fellow employee advocates by many ways that arbitration actually benefits workers. Brian and his fellow panelists discussed, among other things:

• Strategic considerations before filing: weighing risks, costs, forum rules, and arbitrator selection.
• Pleading standards and motions practice in arbitration forums.
• Discovery in arbitration, including handling document requests, depositions, and subpoenas under applicable rules.
• Pre-hearing and dispositive motions: when and how to file, and strategic pitfalls.
• The arbitration hearing itself: preparation, presenting evidence, direct and cross-examination, and closing arguments.
• Post-hearing considerations, including enforcement, vacatur, and potential appeals.

As employee advocates, it is critical that we do not run from arbitration but embrace it the same way we embrace jury trials–and do our best to win for our clients.

Brian thanks NELA for the invitation to speak, and to the many attorneys across the country who continue to fight for employee rights in every forum—courtrooms, arbitrations, and beyond.