The Law Office Of

Neal Jacobs

8118 Corporate Way, Suite 110, Mason Ohio 45040

NJ

Arbitration

The Law Office of Neal Jacobs arbitrates business and employment disputes.

arbitration agreementArbitration agreements provide an alternative to litigating business and employment disputes.  Courts favor arbitration agreements, in part, because they believe that the process is more streamlined and less costly to the litigant than litigation.  However, there are significant “downsides” to arbitration. The agreements usually limit discovery, and prohibit the grant of attorney fees or punitive damages. Most importantly, arbitration precludes the litigant from having a jury evaluate his or her claim.

A litigant may seek to stay arbitration asserting that the arbitration agreement is not enforceable. Since arbitration is a matter of contract a party cannot be required to arbitrate a dispute if he or she has not agreed to submit to this forum. The issue of whether a claim is arbitrable is “fact driven” and the employer asserting the enforceability of the arbitration agreement may be required to present evidence that the employee acknowledged, or agreed to arbitration

Whether an arbitration agreement is enforceable is generally guided by the Federal Arbitration Act, Sections 1-16, Title 9, U.S. Code ("FAA"), and R.C. §2711.02, Ohio’s equivalent arbitration statute.

NJ

Mediation Alternative to Litigation

Sometimes An Alternative to Litigation

Sometimes mediation provides a client with a valuable alternative to litigating a dispute in court.  

Last month a manager at a “big box” store visited my office.  He had been employed for 17 years when he was terminated. Despite the company’s claim that his discharge was "performance" based, the client believed that his termination was motivated by his medical condition which limited his ability to “walk the store”. The condition did not impact his ability to perform his other job responsibilities.

After his discharge the client filed a charge with the Equal Employment Opportunity Commission (the “EEOC”); the agency that investigates claims of employment discrimination.  After almost a year the client was tired, stressed and uncertain how to proceed--and the dispute remained unresolved. When I was retained I immediately pursued a mediation option offered by the EEOC. In this process a mediator speaks independently with each participant with the goal of resolving the dispute.

 

Employment Lawyer

Litigating wrongful termination, employment discrimination, harassment, Family Medical Leave Act, and retaliation claims.

Learn More

 

Business & Litigation

Advising and supporting commercial clients to achieve their business goals. Neal aggressively litigates those disputes.

Learn More

 

Family Law Attorney

Representing parties in all aspects of family law, including divorce and dissolution, support, shared parenting, and custody proceedings.

Learn More

 

Real Estate Law

Representing landlords and tenants in negotiating, drafting and preparing documents for the sale or lease of residential and commercial real estate.

Learn More