Risk Management |
Article by Drew Davis and Joseph Bevington IV, Folger Levin LLP
From the November/December 2018 Net Assets magazine
Each year when preparing enrollment and employment contracts, many independent schools confront the same question: Should the contracts include mandatory arbitration provisions? Such provisions require the resolution of disputes not through the court system, but via private arbitration.
There is no one-size fits all answer to this question, but another, more fundamental question can help. What are the school’s goals for resolving disputes? Identifying some of the benefits and drawbacks of arbitration may help you determine if it will advance your school’s goals.
Assessing your goals for dispute resolution will help you make an informed choice regarding whether arbitration is right for your school. Consult with legal counsel when making this decision, as drafting enforceable arbitration provisions raises tricky legal issues that are highly dependent on the laws of each state.
Download a PDF of this article.#Legal#RiskManagement
Rethinking the Employment Contract (March/April 2017)
Reviewing Employment Contracts? Consider These Key Questions (March/April 2016)
Essential Elements of Independent School Agreements (Jan 2018, web-only)
Come Again? Modernizing the Annual Re-Enrollment Drama (Jan/Feb 2017)
Contractually Bound: Enforceable Enrollment Contracts without the Drama (Nov/Dec 2015)
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