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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 employees, similarly situated, do about as well in arbitration as in the courts. Professor St. Antoine observes that arbitration is often the only affordable option …

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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 in arbitration agreements is in a state of confusion, with no clear resolution in sight. Professor Malin surveys the landscape.

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Collective bargaining and arbitration in the federal sector: an update

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 review recognized by the FLRA. Mr. Birch, an attorney with the FLRA, describes FLRA review standards. This is followed by the panelists discussion of their …

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Due process in employment arbitration: The Due Process Protocol

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 mechanism for dealing with non-compliance, and no recourse. Unconsionable arbitration provisions persist. Many courts have upheld arbitration arrangements that did not comport with the requirements …

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The Revised Uniform Arbitration Act: Third leg of modern arbitration law

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 of the Act. An employee perspective on mandatory employment arbitration and the RUAA is given, including the importance of discovery and the awarding of attorneys …

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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; and the demographic, fee structure, and practice characteristics and opinions of Academy members.

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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 statutory disputes.

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