Survey of 92 key companies using ADR to settle employment disputes

Article Abstract:

A survey of 92 companies on their institutional and individual attitudes toward alternative dispute resolution (ADR) revealed widespread acceptance. Two-thirds of the companies and 90% of the individuals surveyed find ADR attractive, and most are using or considering some dispute resolution techniques. Lower cost is considered a major advantage over legal proceedings, but respondents are cautious about possibly encouraging additional employee grievances. Some 64% of respondents had attended an ADR seminar.

Usage, Surveys, Employers, Dispute resolution (Law)

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A due process protocol for mediation and arbitration of statutory disputes arising out of the employment relationship

Article Abstract:

Certain guidelines should be followed to ensure due process in the employment dispute arbitration. Employers should be able to create arbitration policies but employee's legal rights should be protected. Parties should be able to choose representation. A limited period of discovery should be allowed. Mediators and arbitrators should have adequate training and experience, and they should disclose conflicts of interest.

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Just cause in the arbitration of sexual harassment cases

Article Abstract:

The authors explore whether the principle of just cause is applicable to sexual harassment arbitration cases and find the seven tests for just cause are used by mediators in such cases.

United States, Negotiation, mediation and arbitration, Sexual harassment

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