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Make-whole and statutory remedies:4. Management perspective

In the face of Gilmer, the authors recognize the role of arbitrators in resolving employment disputes based upon federal statute, and recommend that organizations such as the AAA and NAA be at the forefront in developing rules assuring procedural and substantive fairness.

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Mandatory arbitration of statutory claims is discussed, including limitations on the enforceability of related contractual provisions. A sample agreement, mandating arbitration of statutory claims, is appended.

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