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Reducing the costs of disputing

Introductory remarks to papers on the mediation of discrimination complaints in the Postal Service, and methods for reducing the costs of disputing.

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Arb. Nicolau contends that the arbitration process can be simplified to achieve cost-savings, time-savings and dispute resolution. The best way to simplify arbitration is to avoid it. Arb. Nicolau suggests ways to settle disputes at an early level through streamlined procedures, mediation, joint fact-finding and arbitral inquiry. Responses point out 1) that the ideal of …

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Making Arbitration work: A colloquium

George W. Taylor examines the dynamic forces affecting the purposes served by arbitration.Irving Bluestone notes that expense or arbitration can be problematic, especially for small units. He also explores the training of Union advocates, the use of lie detectors, and the tendency of some arbitrators to resolve cases by the “path of least resistance” – …

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Problem areas in arbitration

“Nothing could be more disastrous than to view a labor contract as a lifeless document unrelated to the struggle of [the people who negotiated it].” “…extreme legalism and formalism have no place in the arbitration proceeding.” “Any over legalistic handling of human situations, which tends to sacrifice individual equity, is essentially wrong.” The author recommends …

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