Arbitration and the courts: Part 2. Adjusting the balance between public rights and private process: Gilmer v. Interstate Johnson Lane Corp.

An exploration of the impact of the Gilmer decision on arbitration, and the relationship between the Federal Arbitration Act and the Steelworker Trilogy: “Gilmer has laid the foundation for a stronger rule of preclusion in collective bargaining arbitration cases – a rule that may remove a court’s discretion to deny preclusion where the arbitration meets certain standards.” “Gilmer seems to address a unitary system of arbitration, which facilitates the integration of section 301 [of the Labor Management Relations Act of 1947] and FAA principles.” In Rios v. Reynolds, a Title VII case, the Fifth Circuit promulgated an 8-part rule for deferring to arbitration (described].