Susan T. Mackenzie
March 16, 2002 Proceedings Database
The author asserts that substantive due process – a fair resolution of the merits of the case – requires that cases and general rules cited by the parties as precedent be re-examined – in the light of the case at hand – for the values they represent.
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.
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) …