Mediation works ... with the least damage done to the parties' egos and pocketbooks

Article Abstract:

Mediations take place outside of the court process and, if conducted in time, can save 80% of the legal fees. The best cases for this process are those for which the cost of litigation is high, with potentially large damages and contested liability, with multiple parties, and with the need to preserve ongoing business relations. Less appropriate are cases where potential damages and legal costs are small, as those cases may settle without the help of an outside facilitator. Mediation helps parties design solutions to fit the problem.

Mediation

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Arbitrating cases of employee misconduct in work stoppages

Article Abstract:

Arbitrators use a just-cause standard in strike situations involving violence such as harassment of non-strikers and damage to property. Indications from the arbitration cases are that discipline for involvement in wildcat strikes may occur in differing degrees, depending on the level of employee involvement, before a charge of disparate treatment is imposed. Employers may also dismiss or keep participants in a wildcat strike depending on the effect of such action on business viability.

Strikes

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In the eye of the beholder: using perceptual errors to resolve employment disputes

Article Abstract:

The author suggests how having an understanding of how an organization works can help practitioners of alternative dispute resolution successfully settle employment disputes. Business and employment dispute scenarios are presented.

United States, Labor disputes

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