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Jury waivers: Your new alternative to arbitration agreements?

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in Employment Law,Human Resources

by James J. Rooney, Esq.

Over the past couple of decades, there has been much debate over whether arbitration agreements can successfully prevent employees from asserting discrimination and other employment-related claims in court.

The idea—propounded by professional arbitrators as a surefire way to handle litigation in a faster, more efficient and cheaper manner—has caught on, thanks to several favorable Supreme Court decisions in the last decade. Simply put, arbitration is seen as a risk-limiting tactic because juries are removed from the equation. That means no runaway jury verdicts.

Lost in this debate, however, is a simpler and perhaps more reliable means of managing an employer’s risk: a jury waiver.

What is a jury waiver?

A jury waiver is a contractual provision in which an employee waives the right to a trial by jury in a legal proceeding brought against an employer. Such a provision is most commonly found in employm...(register to read more)

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