Synopsis By: Lurie - Proceeding Author: Gregory N. Freerkeen

An examination of the factors favoring the arbitration of employment disputes. Gardner-Denver (arbitration presumed to be inappropriate for resolving statutory-based discrimination claims) is distinguished from Gilmer (arbitration is appropriate except where Congress intended to preclude waiver of the judicial forum) by their factual dissimilarities. (See alternative reasoning at 1992, page 82.) The author predicts that employment arbitration will take on the complexities of litigation, including adherence to rules of evidence, the use of lawyer advocates, and the need for arbitrators to be competent in the law, including the awarding of attorneys fees where statutorily mandated.