Alternative Dispute Resolution in the Executive Employment Context

The primary mechanism for resolving disputes between employees and employers has been civil litigation. Yet criticisms of litigation are ubiquitous. The adversarial system is expensive, disruptive, public and protracted. Heralded by many as the means to avoid the pitfalls of litigation in the employment context, alternative dispute resolution avoids the expensive adversarial system executives and employees engage with as they resolve disputes. In this chapter from Bloomberg BNA’s Executive & Director Compensation Reference Guide, partner Holly Weiss discusses various alternative dispute resolution mechanisms, including arbitration and mediation, and the processes they entail.