NAARB - Serving the U.S. and Canada Since 1947

Home » Archive

How Much Are You Due? Balancing Due Process and Access to Justice

A panel gives practical advice for achieving a one-day hearing.

Read more

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 guidelines for hearing employment cases, or amending the Federal Arbitration Act to ban pre-dispute employment agreements or establishing clear due process protections.

Read more

Mandatory arbitration – the employee’s agreement to arbitrate, rather than litigate, all disputes (including staturory disputes) with his/her employer, has been the subject of empirical studies that have found that employees, similarly situated, do about as well in arbitration as in the courts. Professor St. Antoine observes that arbitration is often the only affordable option …

Read more

Ethical Issues and Due Process: a Panel Discussion

A panel discussion in which hypothetical situations are commented upon. The issues presented include the timeliness with which CBA procedural requirements are first raised; fairness in the allocating of hearing time; whether the arbitrator can deny a request by one party to file a written closing argument; whether, under the applicable codes of professional conduct, …

Read more

The author describes common mistakes made in the employer’s investigation of a complaint and in the use of its results.

Read more

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”; 3) procedural due process and the Due Process Protocol.

Read more

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 Protocol and other measures as necessary to assure fairness in the arbitration of statutory disputes.

Read more

Judging arbitration

Prof. Hensler sets forth social psychologists’ views of how people assess procedural fairness or justice, and the implications of those perceptions to arbitration. She concludes that those persons who are required to arbitrate will assess fairness on the basis of procedural features, rather than outcome, and that a perception of procedural fairness depends upon 1) …

Read more

Presidential Address: President Rubin reviews the history of arbitration and contemplates the expansion of the Academy to employment and other fields of arbitration.

Read more

Presidential Address: President Rubin reviews the history of arbitration and contemplates the expansion of the Academy to employment and other fields of arbitration.

Read more
Page 1 of 3 123