Saturday, March 1, 2008

Arbitration "the Windermere Way"

Even though "strong public policy favors arbitration," courts won't always enforce the arbitration agreements employers have employees sign. One exception? When Windermere's system has the employer pick three arbitrators and

All potential arbitration panelists must be members of the Windermere "family" -- owners, brokers, managers, and sales associates affiliated with other Windermere franchisees.
Disputes, such as those concerning which agent receives a commission, must be resolved according to the "Windermere Way."
On the facts, the trial court and the Court of Appeals concluded that the process did not* "satisfy the neutrality requirements of the arbitration statute." Rodriguez v. Windermere Real Estate/Wall Street, Inc., 175 P.3d 604, 27 IER Cases 190, Findlaw (Div. 1, Jan. 28, 2008)(Applewick, C.J.).

Thanks: Rod Stephens, Employment Advisory.

* March 10: Thanks to reader Manny Jacobowitz who pointed out that I'd left out these critical words in my original post.

1 comment:

Manny Jacobowitz said...

Fascinating opinion, thanks for bringing it up.

One thing, you need a "did not" before "satisfy the neutrality requirements."