A mock arbitration and trial – by judge and by jury – of a single set of stipulated facts, reveals the differences between each adjudicatory… Read More »Three perspectives:The jury, the judge, the arbitrator
The author explains why he deems it advisable for management to encourage submission of ADA claims to arbitration. He notes the relevance of Gilmer (in… Read More »Arbitration of health-related issues, with special reference to the ADA: Management perspective
The role of private bargaining and grievance arbitration in eliminating discrimination in the workplace.In Emporium Capwell Co. v. Western Addition, the Court held that the… Read More »How others view us and vice versa: Administrative and judicial critiques of the arbitration process: 1. Arbitration of Title VII claims
The panelists discuss discovery, the duty of full disclosure, evidence, burden of proof, testimony, production of witnesses, Title VII, the duty of fair representation, and… Read More »Decisional thinking: West Coast panel report:Conclusion and Panel discussion