Arbitrator Ellis recommends improving fairness and due process in employment arbitration cases by updating the Due Process Protocol, expanding the influence of of the current… Read More »Due Process in Employment Arbitration: The Arbitration Fairness Act & Future of the Process – I. Improving Due Process in Employment Arbitration
The Arbitration Fairness Act would invalidate pre-dispute arbitration agreements relating to employment issues (except for CBAs). Borrowing heavily from Charles Dickens, the authors contend that… Read More »Due Process in Employment Arbitration: The Arbitration Fairness Act & Future of the Process – II. A Management Perspective of the Act
A comparison of the industrial justice systems developed by non-unionized companies, comparing them also to labor arbitration, to United States courts, and to courts in… Read More »Workplace justice without unions: Summary of a study
A brief history of the arbitration of statutory claims arising under an employment relationship – employment arbitration – is given as background to the question:… Read More »Invited papers: 1. Optimality theory and its implications for arbitral practice
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… Read More »Due process in employment arbitration: The Due Process Protocol
An introduction to three articles: 1) “harmless error” vs. due process under the Dougherty seven tests; 2) the assertion that substantive due process requires “fairness”;… Read More »Is procedural due process an element of just cause or a separate issue with distinct remedies?
The Due Process Protocol was designed to provide due process to employment disputes involving statutory rights. The author recommends that arbitrators apply the Due Process… Read More »Procedural due process, just cause, and the Due Process Protocol.
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… Read More »The Revised Uniform Arbitration Act: Third leg of modern arbitration law
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… Read More »The arbitration profession in transition:A survey of the National Academy of Arbitrators
Presidential Address: President Rubin reviews the history of arbitration and contemplates the expansion of the Academy to employment and other fields of arbitration.