Randi Hammar Abramsky, Jacquelin F. Drucker, Sharon Henderson Ellis, Michel G. Picher, Larry Engelstein, Paul Salvatore
March 16, 2013 Proceedings Database
Arbitrator Ellis recommends improving fairness and due process in employment arbitration cases by updating the Due Process Protocol, expanding the influence of of the current guidelines for hearing employment cases, or amending the Federal Arbitration Act to ban pre-dispute employment agreements or establishing clear due process protections.
The panelists agree that an arbitrator can facilitate pre-hearing matters, such as the production of documents, definition of the issues, and exploring settlement. However, they also agree that the arbitrator should be circumspect, given his/her lack of knowledge of the case, and should conduct any such efforts openly, and with attention given to due process.