Employment Arbitration: the Voice of (Mostly Vicarious) experience
An explanation of the current legal framework for employment arbitration and recommended standards to protect the parties including, especially the individual non-union employee.
employment arbitration
Employment Arbitration – Panel Discussion
A discussion of employment arbitration and the due process protection of the parties involved
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 – II. A Management Perspective of the Act
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
Presidential Address from Barbara Zausner
A light-hearted review of the progress of women in the arbitration profession, and a word of cuation about the Academy’s upcoming vote on a change… Read More »Presidential Address from Barbara Zausner
An Introduction to Mandatory Arbitration and Class Action Waivers
Employment law is witnessing a great upsurge in class action filings for wages and hours, for discrimination, and for other claims. Class action waivers can… Read More »An Introduction to Mandatory Arbitration and Class Action Waivers
Workplace ADR: What’s new and what matters?
Professor Lewin describes causes of the decline of arbitration and mediation in unionized settings, and their increase in non-unionized: the enactment of federal regulations affording… Read More »Workplace ADR: What’s new and what matters?
Where is the New Enterprise Wheel? Judicial review of employment arbitration awards
The instances of court review of arbitration decisions is increasing notwithstanding that courts are extremely deferential to the awards. Michael LeRoy and Peter Feuille present… Read More »Where is the New Enterprise Wheel? Judicial review of employment arbitration awards
New Directions Committee : Reports and recommendations
The rationale for a draft resolution to expand the Academy’s membership and mission to include additional forms of workplace dispute resolution. Proposed revisions to the… Read More »New Directions Committee : Reports and recommendations
Workplace justice without unions: Summary of a study
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