Given the prevalence of mandatory arbitration provisions in various commercial contexts, this column will describe how arbitration differs from adjudication and what advantages it has; will summarize the judicial history behind the continuing evolution of mandatory arbitration; will analyze what factors or considerations may be taken into account by an executive and his or her employer in determining whether to bargain for or against the inclusion of a mandatory arbitration provision in an employment agreement; and will suggest what elements of a mandatory arbitration provision should be the subject of negotiation by an executive.
Paul J. Schneider, JD, LLM, is senior counsel to Paisner~Litvin, LLP, Bala Cynwyd, Pennsylvania, where he has advised clients on taxation and employee benefit matters for more than 30 years. He is a charter fellow of the American College of Employee Benefits Counsel and has served as chairman of the Important Developments Subcommittee of the American Bar Association Tax Section’s Employee Benefits Committee. Mr. Schneider is also a member of the Board of Editors of the Journal of Taxation.
Mr. Schneider is a graduate of Lehigh University, Columbia University School of Law (JD), New York University (LLM in Taxation), and LaSalle University (MBA). Mr. Schneider frequently writes articles and lectures on tax and employee benefits-related topics, and is coeditor of ERISA: A Comprehensive Guide, 4th Edition (Aspen, 2011).