24
Jun
2014

Negotiation, Mediation and Arbitration (including Overseas Arbitration) of EPL Claims: Strategies and Techniques for Engaging in Successful Alternative Dispute Resolution

American Conference Institute's 21st National Conference on Employment Practices Liability Insurance

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DATE: Tuesday, June 24, 2014

TIME: 10:30 AM - 12:00 PM

VENUE: InterContinental Chicago Magnificent Mile - Chicago, IL

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Joshua Gold to speak on a panel at the American Conference Institute's 21st National Conference on Employment Practices Liability Insurance - 'Negotiation, Mediation and Arbitration (including Overseas Arbitration) of EPL Claims: Strategies and Techniques for Engaging in Successful Alternative Dispute Resolutions' on Tuesday, June 24, 2014 at 10:40 a.m.

Some of the topics to be discussed are:

  • Trends toward arbitration: is coverage providing for arbitration as opposed to litigation?
  • Overseas Arbitration of EPLI Coverage Disputes: both sides of the foreign arbitration coin and tips on how to protect oneself during the process.
  • Settling collective and class actions.
  • Evaluating recent successes and failures in the use of ADR to resolve EPL claims.
    • What has worked, what has not worked, and why?
  • Key break points during litigation at which to consider mediation.
  • Persuading employees, employers, and carriers to attempt mediation.
  • Assessing the costs of litigation.
    • Establishing reserves
    • What are the costs, liabilities and actual damages
    • Conducting a cost/benefit analysis of your risks and your options
  • The insured-carrier dynamic:
    • Achieving a result that is satisfactory to both parties
  • Assessing the merits of arbitration as a means of resolving a discrimination, harassment or other employment practices claim.
  • Determining whether to require employees to sign mandatory, binding arbitration agreements and whether such agreements are enforceable.
  • State by state settlement tendencies

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