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.
Federal Arbitration Act
Mediation During Arbitration – Should Arbitrators Mediate? Yes, no, and Maybe
The pitfalls of med-arb are described; ways to avoid them recommended; and the process described. The med-arb contract is discussed and sample provisions offered
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
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
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
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
Invited papers: 1. Optimality theory and its implications for arbitral practice
A brief history of the arbitration of statutory claims arising under an employment relationship – employment arbitration – is given as background to the question:… Read More »Invited papers: 1. Optimality theory and its implications for arbitral practice
Final and binding, but appealable to courts: Empirical evidence of judicial review of labor and employment arbitration awards
A history of judicial review of workplace arbitration, and a statistical survey of the rate of confirmation/vacatur of labor and employment arbitration awards. After an… Read More »Final and binding, but appealable to courts: Empirical evidence of judicial review of labor and employment arbitration awards
The Revised Uniform Arbitration Act: Third leg of modern arbitration law
A description of the “mindset and methodology” employed by the drafters of the Revised Uniform Arbitration Act, the essential elements and public policies underlying the… Read More »The Revised Uniform Arbitration Act: Third leg of modern arbitration law
Arbitration decisions of the U.S. Supreme Court 2000-2001:Union perspective
A union perspective of the Supreme Court’s 2000-2001 term. The author notes that, in Green Tree and in Circuit City, the Court has imposed an… Read More »Arbitration decisions of the U.S. Supreme Court 2000-2001:Union perspective