NAA President Nicolau discusses the measures the Academy and its member should take to preserve fairness and effectiveness given the increasing frequency with which arbitrators are called upon to resolve…

The survey of Academy members reveals the small but increasing number of cases they take dealing with the employment arbitration of statutory disputes. The survey addresses associated due process concerns;…

A description of the “mindset and methodology” employed by the drafters of the Revised Uniform Arbitration Act, the essential elements and public policies underlying the Act, and the likely impact…

A brief history of the Due Process Protocol is given. It is observed that, for even those organizations and arbitrators who purport to comply with the Protocol, there is no…

Grounds for Federal Labor Relations Authority review of arbitrators’ decisions are that they are contrary to law or regulation or, more commonly, that they contravene seven “private sector” grounds for…

A common provision in standard form employment and consumer arbitration agreements restricts the claimant to bringing an individual action only. The case law governing the enforceability of class action waivers…

Mandatory arbitration – the employee’s agreement to arbitrate, rather than litigate, all disputes (including staturory disputes) with his/her employer, has been the subject of empirical studies that have found that…