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Due process in employment arbitration: The Due Process Protocol

A brief history of the Due Process Protocol is given. It is observed that, for even those organizations and arbitrators who purport to comply with the Protocol, there is no mechanism for dealing with non-compliance, and no recourse. Unconsionable arbitration provisions persist. Many courts have upheld arbitration arrangements that did not comport with the requirements …

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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 Act, and the likely impact of the Act. An employee perspective on mandatory employment arbitration and the RUAA is given, including the importance of discovery and the awarding of attorneys …

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