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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.

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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.

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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.

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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) …

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A statement of opposition to mandatory employment arbitration as a condition of employment, and caution that Academy members should evaluate the fairness of the arbitration procedures in light of the Academy’s Guidelines [see next article].

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The role of the arbitrator in ensuring a fair hearing

A discussion among arbitrators and advocates of what behavior impacts the fairness of a hearing.

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