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Can my company avoid discrimination lawsuits and jury trials?
Yes, with company-sponsored alternative dispute resolution (ADR) programs agreed upon by the employee. The employer may mandate such agreement as a condition of employment, or continued employment. ADR can be tailored to company needs as long as it is fair and reasonable, and affords similar remedies as do courts. Mediation and/or arbitration may be utilized. Pluses: quicker resolution, lower costs, avoidance of juries, unlikelihood of punitive damages, and finality of the award. Negatives: limited discovery and generally no effective appeal from an award.
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