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Alternative Dispute Resolution

KSB Law believes in the foundation of helping businesses and individuals explore practical solutions to workplace conflicts as an alternative to litigation. The use of effective dispute resolution techniques — guided by a skilled arbitrator or mediator — can preserve business relationships, protect interests, and minimize protracted disputes. KSB Law offers a broad range of Alternative Dispute Resolution (ADR) services. Our attorneys serve as impartial neutrals on panels with the American Arbitration Association in arbitrations and mediations to help parties resolve disputes. We also help our clients resolve their conflicts through alternative measures to litigation. Our ADR services include the areas of:

  • Employment Arbitration & Mediation

  • Commercial Arbitration

  • Consumer Arbitration

  • Workplace Investigations

American Arbitration Association Panel Member 2023

RECOGNITION

The American Arbitration Association (AAA) has recognized the qualifications of KSB Law attorneys in ADR by and through their service on the AAA’s Commercial, Employment, and Consumer Arbitration Panels, its Mediation Panel, and its Workplace Investigation Panel.

EMPLOYMENT ARBITRATION & MEDIATION

KSB Law offers clients and parties a positive and collaborative approach fostered over years of experience handling employment matters for both plaintiffs (employees) and defendants (employers). Our background in complex employment cases involving the highest levels of management and in protected classes relating to discrimination, harassment, and retaliation enhances that balanced perspective.

We serve as arbitrators and mediators on employment matters regarding Federal and State laws such as Title VII of the Civil Rights Act of 1964 (Title VII), Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Family and Medical Leave Act (FMLA), Fair Labor Standards Act (FLSA), New Jersey Law Against Discrimination (NJ LAD), New Jersey Diane B. Allen Equal Pay Act (EPA), New Jersey Conscientious Employee Protection Act (CEPA), New Jersey Wage and Hour Law (NJ WHL) and NJ Wage Payment Act (NJ WPA), New Jersey Earned Sick Leave Law (NJ ESL), as well as employment agreements and common law protections.

KSB Law’s employment arbitrations have included disputes about:

  • Shareholder agreements

  • Employment contracts

  • Executive compensation

  • Restrictive covenants

  • Non-solicitation provisions

  • Non-competition provisions

  • Misclassification as independent contractors

  • Implied contract, handbook claims

  • Wage and hour, overtime

  • Sexual harassment

  • Gender, gender identity, pregnancy

  • Race, ethnicity, religion

  • Disability, family and medical leave

  • Retaliation, whistleblowing

 

COMMERCIAL ARBITRATION

KSB Law provides neutral arbitration services in commercial and business law disputes, such as contract-related disputes, and partnerships or shareholder disputes.  These matters might include disputes involving breaches of contract, claims of fraudulent conduct, disputes over contract terms, efforts to collect overdue contracted amounts, and/or claims seeking performance of contracts related to vendor agreements, supplier agreements, work-for-hire agreements, independent contractor agreements, confidentiality agreements as to trade secrets and proprietary information, and claims governed by the Uniform Commercial Code.  Partnership and shareholder disputes often include claims of oppression by a minority shareholder, misappropriation or misuse of business funds, breach of contract, breach of fiduciary duty, and/or claims for dissolution.

CONSUMER ARBITRATION

KSB Law provides neutral arbitrator services regarding disputes between businesses and individual consumers.  Consumer claims against businesses can involve claims of breach of contract, breach of warranty, false advertising, fraudulent conduct, statutory violations, and common law claims.

Civil consumer fraud claims can also arise, which might assert violations of the Consumer Fraud Act against businesses in advertising or selling goods or services. Claims can also involve deceptive, harassing, or abusive collection practices in violation of the Fair Debt Collection Practices Act.  Related common law consumer fraud claims sometimes involve allegations of misappropriated funds, intentional misrepresentations, negligent misrepresentations, fraudulent transfers of property and other assets, or conspiracy to defraud.

WORKPLACE INVESTIGATIONS

Aside from its private Workplace Investigation work, KSB Law is also part of a newly formed Panel of Workplace Investigators. Through the Panel, KSB Law attorneys are recognized as neutral investigators. KSB Law utilizes its extensive employment law experience to investigate workplace complaints on a variety of matters that can involve issues of discrimination, harassment, retaliation, and whistleblowing, among others.

alternate dispute resolution

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