Predispute ADR raises fairness issue; courts have not hesitated to enforce arbitration agreements except when the fairness of the process is compromised

Article Abstract:

Since the US Supreme Court's 1991 decision in Gilmer v. Interstate/Johnson Lane Corp there has been little doubt of the legality of using arbitration to resolve workplace discrimination claims. The question has been the fairness of the process and recent cases show that courts will enforce predispute arbitration agreements except when the fairness of the process has been compromised. In view of the increasing interest in arbitration as a cost control method, the cases are instructive. Guidelines for such agreements are given.

Cases, Labor law

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In support of mandatory arbitration of statutory employment disputes

Article Abstract:

Mandatory arbitration of employment disputes is an important viable alternative to employment litigation, which is growing at an alarming rate. Most workers and many in management favor arbitration because it quickens the dispute resolution process. Case law favors the use and legality of mandatory arbitration. For example, the 1991 Gilmer ruling requires arbitration agreements to be honored by employees in age discrimination disputes, a ruling which has been extended to other types of employment discrimination litigation.

Negotiation, mediation and arbitration, Employment discrimination, Workers, Mediation

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Challenges to employment ADR: processes, rather than principles, are at issue

Article Abstract:

A number of court cases have challenged the processes involved in mandatory employment alternative dispute resolution (ADR) policies. While accepting the fundamental principle of ADR, these cases challenge the enforcement of ADR policies on grounds of fairness. The cases have been variously based on the lack of voluntary waiver of litigation rights, insufficient notice and understanding of waiver, and the absence of procedural safeguards prohibiting the retaliatory use of ADR.

Labor relations, Public sector, Public sector labor relations

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