Arbitration can be an efficient way to resolve disputes outside of the court system. And where the Federal Arbitration Act (FAA) applies, parties can more freely agree to resolve disputes individually, and not in the context of a class or collective action.

However, there is an exemption from the FAA for transportation workers that makes it difficult for businesses to assess the potential effectiveness of an arbitration program. What’s more, state arbitration law can apply even where the FAA does not, though it varies considerably from jurisdiction to jurisdiction.

Scopelitis attorneys closely follow legal developments in this area and regularly advise businesses on whether to adopt an arbitration program, how the program should be structured, and strategies for pursuing arbitration under state arbitration law where the FAA is inapplicable.

Crafting an arbitration agreement that is enforceable and meets the client’s goals is the critical first step, but Scopelitis litigators also have deep experience arbitrating claims, ensuring a seamless experience. The end result is a client-specific arbitration program that takes into account the business’s objectives but also its industry segment, route and load characteristics, geographic footprint, etc.

In an area where the transportation industry faces a truly unique set of challenges, Scopelitis attorneys are available to provide the following services:

• Counseling on the benefits—and downsides—to arbitration for your business
• Assessing the applicability of the FAA
• Assessing the ability to pursue individual arbitration under state arbitration laws
• Drafting and reviewing arbitration agreements to comply with the FAA and state arbitration laws
• Seeking to enforce an agreement to arbitrate when a dispute arises

As the class-action risk facing the industry continues to grow, a well-designed arbitration program can help mitigate this risk. Scopelitis attorneys are available to help design an arbitration program specific to your business.