Synopsis By: Lurie - Proceeding Author: Marsha S. Berzon, John T. Dunlop, Joseph Grodin, Judith Droz Keyes

Professor Dunlop describes the current and projected state of employment law disputes favoring alternative dispute resolution in lieu of litigation and administrative rulings. The Commission on the Future of Worker-Management Relations favors experimentation in the ADR of employment disputes. Regarding private arbitration, the Commission recommends 7 elements to ensure the effective protection of employees’ substantive legal rights. The Commission is of the opinion that binding arbitration as a condition of employment should not be enforceable, contra Gilmer. Professor Dunlop hopes that the NAA will take a greater leadership role in the development of employment dispute resolution. A panel discussion ensues.