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A broad overview of the state of employment ADR, including arbitration and mediation. The article addresses the defenses to enforcement of an agreement to arbitrate, unconscionability, and what should be considered when drafting an employment ADR plan.

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Bill Usery is introduced and his career described, and his career is described. Secretary Usery then gives a brief history of labor arbitration in the U.S., and the contribution made by the Academy.

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An examination of the state of employment dispute resolution law in the State of California.

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Whither arbitration?

Richard Mittenthal traces the evolution of labor arbitration over the past 50 years, from the model described by George Taylor – as a substitute for strike, with the arbitrator serving as a problem-solver as well as a judge – to the current formal and legalistic relationship, wedded to case precedent. The causes of this evolution …

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The author encourages the use of neutrals in arbitration and mediation to resolve community conflicts. He notes the desire of individual citizens “to play a part in shaping his destiny and in protecting and furthering his interests.. to participate.” Many conflicts dividing America relate to problems of human relations – the “outs” pressuring the “ins” …

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