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Arbitration

Fix your sports arbitration and disputes in Texas

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While lawful arbitration might appear to be to some degree unsportsmanlike, the truth of the matter is that it is a significant piece of current professional sports. At times it seems like the days when a game was only a straightforward distraction occupied by the folks during relaxation hours are only a relic of times gone by.  Are there any people who actually play sports for their love?Obviously, there are nevertheless with regards to professional sports groups, associations, and games are more than tomfoolery and amusement, they are businesses. Business implies cash, and cash implies, endlessly power means conflict. The kinds of arbitration in Texas that can emerge in professional sports are various, yet the pay rates are regularly the mark of troublesome conflicts. At times there are caustic disputes that end up in court, a circumstance in which there is rarely a neighborly arrangement. It is possible that one side succeeds and the other is left disappointed, or the court orders a split of the difference, which for the most part fulfills not one or the other.  An alternative to the sports dispute resolutionThere is another way to arbitration. As of late arbitration has been involved increasingly more as an option in contrast to cases for resolving sports disputes. As in all disputes procedures arbitration in sports should be consented to by the two players every step of the way.  Frequently the hearing of the dispute is directed by, one authority as well as an arbitration board, comprising of three judges. On account of a three-man board, each party picks one of the two referees, and afterward, those mediators designate the third judge. During the procedures, each party presents the subtleties of the debate to the disputes board.Advantage of arbitrationDuring the disputes interaction, the two players have the choice of permitting the subtleties of the procedures to be kept hidden or permitting them to be disclosed. Consequently, subtleties of the disputes and the arbitration choices are just plugged in depending on the prerequisite that the two sides concur. arbitration in TexasArbitration is typically a lot quicker than a court system, which might be basic assuming that the new season is going to start, or there is some other approaching cutoff time. One more large advantage of disputes is that it is extensively less expensive than going to court. Details of arbitrationThe gatherings might consent to disputes solely after a question emerges, or there might be a disputes provision incorporated into the underlying agreement. Sports authorities may just be people with a foundation in labor regulation or they might be arbitration firms who work in refereeing sports disputes. Various types of sports disputes
  • Conduct issues – Match-fixing, drug use, or different types of cheating can bring about players being restricted. Requests against extended boycotts frequently end in arbitration.
  • Commercial agreements – Disputes frequently emerge among players and backers about the absence of anticipated installments.
  • Point deductions – These can significantly affect advancement and disputes emerge due to their effect on the player’s future vocation. 
The popularity of arbitration as a sport solving disputeArbitration has become such a famous strategy for managing sports disputes there are presently even settled associations revolving around sports arbitration in Texas. For instance, there is even a dispute court that was laid out explicitly for sports disputes, which was laid out to settle worldwide sports-related disputes. The court is known as the Court of Arbitration for Sport (CAS), which is a worldwide body settled in Lausanne. That is not all people, when the city has the Olympic Games it additionally has a brief disputes court previously and during the length of the games.

The pros & cons between arbitration and mediation

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Would you like to know what’s the distinction between Arbitration and Mediation?There’s regular disarray about which one of these two legitimate strategies turns out best for separate. Here is some information to assist you with making the best choice for your separation.  In both arbitration and intercession, an unbiased outsider is utilized with the objective to arrange a settlement without an extensive court proceeding by an arbitration lawyer. Basically, in arbitration, the mediator hears your proof and settles on a choice for you. In intercession, the gatherings in the separation initially get together informally with a middle person to share their purposes behind separate. The go-between doesn’t settle on a choice for you yet assists with facilitating a serene and fair conversation to prompt a goal satisfactory to the two players.Three top reasons to choose mediation over arbitration1.Set aside cash and time –However arbitration can save time since it assists with avoiding the hang tight for a preliminary date, it can take significantly longer than intervention since it is similar to a mini-preliminary. The two players actually need to convince the arbitration lawyer or some of the time referees, to govern in support of themselves. Thought of proof and lawful contentions regularly happens with lawyers and adds much additional time.   The intervention takes substantially less time in light of the fact that the attention is on resolving the contention calmly to bring about a win-win for the two players. Meetings with an arbiter are booked at advantageous times for everybody with practically zero standby time. Goal advances at a fast speed since everybody has a similar objective, a fair choice, and a decent result for everybody. Arbitration in Collin County sets aside cash since there is no going to court, however it requires hiring lawyers who bill continuously notwithstanding mediators who are additionally paid. This can extraordinarily increase the expense. Intervention sets aside cash since it involves just the middle person and the couple, continues a lot quicker, and the go-between’s charge is a small part of the expense of an arbitration proceeding.arbitration in Collin County2. Zero in on the future –In intervention, the emphasis is on what’s to come. The two players are urged to get past their disparities and settle their separation calmly and rapidly. There is no correct side and divorced people have more command over their future. Arbitration is surrendered to an outsider to settle on the choice.Privileges and commitments are determined by existing regulations that the referee is compelled to follow. The result may not be what the two players expect and it tends to be a hostile and extensive method. 3. The simplicity of decision –Mediation keeps away from extended court fights and spotlights on a positive result with arrangement by the two players. The objective is a positive post-separate from the choice that helps the entire family and leaves an intact relationship.  However arbitration in Collin County might cut court time, it is as yet a proceeding similar to a preliminary. It can bring about assaults upon each other just to demonstrate aside. Results might cause lasting ill will between the couple.   

Arbitration – Friend or Foe

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Arbitration is an increasingly common alternative to traditional resolution of business disputes in state and federal courts.  Most sophisticated businesses have used or experienced contracts with Arbitration clauses at some point in the past.  In numerous industries, such as Construction, Network Marketing, IP, and Financial/Brokerage relationships, arbitration clauses have become prevalent.  Arbitration is also frequently being used as a method of dispute resolution in employment relationships.
So how should businesses of all sizes view Arbitration?  This post helps provide a practical understanding of what Arbitration actually is – and some Pros vs. Cons to consider.
Arbitration is a form of legal dispute resolution in which two parties agree (by contract) not to take their dispute to court, but instead resolve the dispute by hiring an arbitrator to hear both sides and render a decision.
 
PRO and CON Banner
 
Notably absent from the above graphic are arbitration length and cost.  Both time efficiency and cost are commonly thought to favor Arbitration proceedings, but that is not necessarily the case.  Some studies, such as the one discussed in this Corporate Counsel post, have shown that both the length of Arbitration proceedings, and cost of the proceedings, can frequently be greater than that of traditional litigation.  If these two factors are controlling for you and have persuaded you or your business to agree to Arbitration in the past, it may be time to reconsider.
As a business attorney having experienced both traditional litigation and Arbitration, I don’t have a particular preference and generally work to identify what are the most important considerations for the particular client.  More times than not, it comes down to the privacy of arbitration versus its lack of a real appeal process.  There are also different types of Arbitration itself, with several common third-party Arbitration providers, which I will leave for another discussion.
Legal disputes going through the Arbitration process is growing.  Whether your business is already in contracts with Arbitration clauses, or is starting to use or see them in the course of its business, hopefully this post has helped bring a better understanding of the rival dispute resolution processes.

Policy Dead

Is Your Employee Policy Dead?

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What better time than now to see if there are dead, useless or even dangerous provisions lurking in your Employee Policy?  Business owners and executives already know that the employer/employee environment continues to dramatically change.  This is true not just in Texas but throughout the US.

A few areas of change that employers should know about include:

  1. NON-COMPETES: Many business owners I meet still believe non-competes are unenforceable.  This is wrong.  In Texas, the law has evolved over the last 10 years and now provides that a non-competition provision will be enforced if it is reasonably tailored as to scope, duration and geography; and otherwise complies with the non-compete statute – Texas Business and Commerce Code Section 15.50.  This means, for example, that your long-time sales executive privy to all kinds of valuable business information can be prevented from immediately jumping ship to the competitor.  There’s been a great deal of case law on this subject in recent years, and nationally non-compete agreements are subject to rather persistent criticism.  As I have written on in the past, many businesses should avoid blanket policy wherein all employees sign non-competes. It’s just not appropriate for all employees. The takeaway here is that Courts, including Courts throughout North Texas, routinely enforce compliant non-compete agreements.  When properly done, the non-compete can be a powerful tool for many businesses.  Don’t be afraid to include in your policy, just be sure to do it right.
  2. ARBITRATION: For businesses that have an employee policy or other agreement containing an Arbitration provision, there is a growing divide throughout the country on whether certain arbitration provisions are enforceable.  Particularly, are employer/employee arbitration provisions containing class or collective action waivers enforceable?  This is an increasingly important issue to employer businesses because many legal claims, including minimum wage and OT (or FLSA) claims, have collective action potential.  As this National Law Review article summarizes, the National Labor Relations Board (NLRB) found a few years ago that an arbitration agreement which precluded class or collective actions was an unfair labor practice.  What has followed is a series of conflicting appellate court findings, or split, wherein some have found such arbitration provisions enforceable and others not.  For legal disputes (ie. lawsuits, arbitration) here in Texas, which the Fifth Circuit court of appeals controls, such class or collective action waivers in employer-employee arbitration agreements remain enforceable.  The Supreme Court will likely resolve these conflicting lower court decisions in the not too distant future so stay tuned.
  3. CONFIDENTIALITY: Over the last decade, the NLRB has also been active in protecting employees’ free speech rights. Most businesses prevent workers from disclosing trade secrets and other confidential business information, and routinely have policy that restrict what employees can say to co-workers and others outside the company.  However, when the restrictions in the confidentiality policies are too broad, they may violate collective bargaining rights according to the NLRB – aiming to protect an employee’s right to speak to another, whether it be a co-worker or worker employed elsewhere, seeking to enlist support on a matter of shared employee concern. The NLRB has pursued enforcement actions against employers for this violation.  Here is a good article from accountingweb on recent NLRB findings and examples on this subject, emphasizing the intricate policy road employers must carefully follow. The policy (eg. the social media policies of the business) should be specific and thoughtfully tailored, to prohibit disclosure of confidential information of the business such as proprietary customer information, and avoid restrictions on other protected speech of the employees.

As a Best Business Attorney Dallas, most medium to large employers I see have written policies.  Some comprehensive, some not.  The Employee Policy of any business can be a vital tool used to establish a productive company culture, and set a framework of expectations for workers to understand and follow.  If left unattended to the changes in the law, however, the policy can also become an unenforceable piece of paper that exposes the business to employee litigation or regulatory enforcement.

With all the changes in employment law effecting businesses these days, don’t leave your Employee Policy stranded and forgotten.