Synopsis By: Lurie - Proceeding Author: David Lewin

Professor Lewin describes causes of the decline of arbitration and mediation in unionized settings, and their increase in non-unionized: the enactment of federal regulations affording employee workplace protections; the adoption of ADR procedures by employers; and the increase in demand for those procedures that has ensued from court rulings of the arbitrability of those federal regulations. Studies has shown that ADR in both the unionized and non-unionized setting produces comparable, satisfactory results, with the most significant consequence of both being the post-resolution deterioration of the employment relationship.