Synopsis By: Lurie - Proceeding Author: J. Joseph Loewenberg, Jack Stieber

The Academy’s International Studies Committee commissioned papers from 12 industrialized countries means used to settle individual employee disputes in the private sector of the respective economy. The results were published in the Fall 1987 issue of Comparative Labor Law Journal. In this article, Professor Loewenberg comments on the study from the perspective of an American arbitrator and recommends the adoption of these features used elsewhere: increased mediation by arbitrators and other neutrals, informal prehearing arbitration conferences, tripartite procedures with the parties’ advocates serving as neutrals. Professor Stieber explains why he thinks these features will not transfer well, and proffers, instead, the benefits of shortening the duration between the occurrence the was grieved and the arbitration award, notice prior to discharge except for serious misconduct, and protection all employees in non-policy-making positions from unjust discharge.