Reference no: EM132221209

You are working with Redwood and Associates. You company represents a construction company, B & B Construction. The owner of B & B Construction, Mr. Bill, has approached your firm about including an arbitration clause for his employees, in the event there is a dispute between the company and employees. Your supervising attorney has asked you to draft the arbitration clause for his review. Your firm usually utilizes the services of an affiliated United States Arbitration & Mediation (USA&M) office if arbitration is ever needed.

The arbitration clause should include the following:

Part I: Your supervising attorney has instructed you address the following in the first paragraph of the arbitration clause:

Research and designate a specific USA&M office (you will need to conduct research for an office in the state in which you reside).

Describe and include a method for selecting an arbitrator in the event there is a dispute between B & B Construction and an employee.

Discuss whether the ruling of the arbitrator is binding or non-binding on the parties to the dispute.

Part II: The second paragraph of the arbitration clause should include the following:

Discuss who is responsible for the arbitration fees.

Explain the penalty for not proceeding with arbitration and what the employee will be responsible for if they do not proceed with arbitration.

Part III: In at least two pages:

List and discuss the ethical and legal issues in the private arbitration process.

Discuss the advantages and disadvantages of private arbitration as a dispute resolution process.

Explain why one would choose private arbitration over the mini-trial.