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Division of Labor Standards Enforcement (DLSE) — California Employment Law: Mandatory arbitration clauses in employer agreements are the subject of recent, hotly contested cases. Currently in California, an employer may impose such an agreement on the employee for discrimination claims (EEOC v. Luce, Forward, Hamilton & Scripps (9th Cir., 2003)). However, the terms must be fair, and the employer pays for the judge, or any cost exceeding what the employee would have to pay in a regular court (the filing fees). While that sounds good for an employee, arbitration decisions are binding and difficult to appeal in court. If in doubt, an employee should research an employer’s history of discrimination claims, if any, or consult an attorney, before signing an employment contract.
Labor and Workers Compensation: Arbitration is also mandatory to settle union-backed claims and workers compensation claims.
Consumers: California law allows mandatory arbitration clauses in consumer contracts. The clauses are often buried in credit card, finance, health insurance, and other agreements—on the Internet, the consumer may agree with a click. The problem is you may waive your rights to pursue a claim in court without knowing it, thus losing the most powerful weapon against the seller. Consumer groups such as Consumer Action are fighting to make sure arbitration clauses are fair.
Contractors: By California law, claims against contractors for less than $12,500 are subject to mandatory arbitration.
| California’s Lemon Law — is administered by the state Attorney General. If a new car does not work after a reasonable number of repairs, the lemon law allows a court or arbitrator to force the manufacturer to replace the car or refund the purchase money. If the manufacturer belongs to a state-certified arbitration program, the consumer must submit the warranty dispute to the arbitration program, before he or she may rely on the lemon law in court.
| California Department of Consumer Affairs — protects California consumers with the goal of creating a competent and fair marketplace. Its Consumer Affairs Complaint Mediation Program handles consumer complaints against regulated California businesses, including companies which provide:
- Car repairs
- Furniture sales
- Service contracts for home appliances and equipment
- Appliance repair
- Funeral services
- Security services
| Attorney Fee Disputes — Arbitration is mandatory in California if requested by the client in lawyer-client fee disputes.
| Mediation — Mediation: Mediation is especially helpful in settling family conflicts, such as a divorce, where it is important to maintain relationships for the sake of children or others affected by the dispute.
| California Courts Self-Help Center—Custody — is an outstanding resource for parents undergoing a custody dispute. The website explains mediation and how it works, with details about:
- Mediation goals
- Concerns about domestic violence
- Developing a parenting plan
- Making your parenting agreement work
- FAQs
| The Arbitration Center — is an indispensable resource which educates the public on conflict resolution. In FAQ format, it covers a variety of arbitration topics, such as the effect of arbitration agreements, appealing arbitration agreements, and how to locate and hire an arbitrator.
| California Arbitration and Mediation Lawyers — have unique specialties and areas of expertise. Organized by county and city, the easy-to-navigate site helps you find an attorney to resolve your dispute.
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