Securing a durable mediation agreement to settle complex employment disputes

Article Abstract:

Negotiating a durable settlement in an employment dispute requires attention to many issues. Some of the issues that may arise include financial matters such as wages and other monetary benefits; other fringe benefits such as health insurance, stock options and retirement benefits; payment of fees and costs related to the mediation procedure; emotional needs; the type of termination, which may be voluntary resignation, involuntary termination, layoff or retirement; references; confidentiality; releases and waivers; and provisions in case of breach of the agreement.

Methods, Labor disputes

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Emerging due process standards in arbitration of employment discrimination disputes: new challenges for employers

Article Abstract:

Many employers have adopted arbitration clauses after Gilmer v. Interstate, in which the US Supreme Court held that the clauses were enforceable. ADR is seen as a way to speed trials and reduce costs but concerns have been raised over employees' civil rights, especially in non-union workplaces. Employers should not make the arbitration clauses mandatory or coercive because the courts may elect not to enforce them. Judicial review of arbitration decisions is allowed in non-union workplaces and so employee rights need to be protected for the clauses to be effective.

Legal Protection, Labor Arbitration, Human resource management, Corporate counsel, Employment discrimination, Due process of law

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Arbitrability, preemption, and preclusion: developing issues in age discrimination claims

Article Abstract:

Gilmer v Interstate/Johnson Lane Corp and Britt v Grocers Supply Co restrict an age discrimination plaintiff's right to judicial review when arbitration agreements exist and where actions are preempted by the National Labor Relations Act (NLRA). The judges in Gilmer held that an arbitral forum was as equitable as a judicial one for Age Discrimination in Employment Act purposes. In Britt, the federal district court held that the NLRA preempts other claims when non-NLRA claims are similar to those that would be decided under the NLRA.

Age discrimination, Judicial review of administrative acts

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