If You Can't Arb Em, Reference 'Em

Most of the cases we've seen, and all of the cases we've been involved with, regarding the Littler Mendelson drafted DRP (dispute resolution procedure) and its mandatory arbitration provision, have ended up with trial courts and courts of appeal finding the agreements unenforceable under the Armendariz standards. A recent article by Marlene S. Muraco, published on Littler Mendelson's website in August, suggests that Littler's clients might soon abandon the tactic of seeking arbitration, and may try instead to accomplish the same goals with agreements for judicial reference. The article spins a recent decision in the Woodside Homes case and analogizes it to employment contracts as a way to give employers a shot at judicial review if they fail at arbitration.