How Much Are You Due? Balancing Due Process and Access to Justice
A panel gives practical advice for achieving a one-day hearing.
due process
Due Process in Employment Arbitration: The Arbitration Fairness Act & Future of the Process – I. Improving Due Process in Employment Arbitration
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
Due Process in Employment Arbitration: The Arbitration Fairness Act & Future of the Process – III. Mandatory Arbitration is Better Than It Looks
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… Read More »Due Process in Employment Arbitration: The Arbitration Fairness Act & Future of the Process – III. Mandatory Arbitration is Better Than It Looks
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… Read More »Ethical Issues and Due Process: a Panel Discussion
The top 10 employer mistakes when investigating employee complaints: How to avoid putting your company at risk.
The author describes common mistakes made in the employer’s investigation of a complaint and in the use of its results.
Is procedural due process an element of just cause or a separate issue with distinct remedies?
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?
Procedural due process, just cause, and the Due Process Protocol.
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.
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… Read More »Judging arbitration
Presidential Address: Where have we been? Where are we going? Do we know?
Presidential Address: President Rubin reviews the history of arbitration and contemplates the expansion of the Academy to employment and other fields of arbitration.
Presidential Address: Where have we been? Where are we going? Do we know?
Presidential Address: President Rubin reviews the history of arbitration and contemplates the expansion of the Academy to employment and other fields of arbitration.