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

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