ADR in the Workplace

ADR in the Workplace

Author: Laura J. Cooper

Publisher: West Academic Publishing

Published: 2005

Total Pages: 984

ISBN-13:

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Arbitration, mediation, and other forms of alternative dispute resolution now have largely replaced litigation as the means of resolving all kinds of employment disputes in a variety of workplaces. These dispute resolution processes fundamentally alter the advocate s role and even the definition of employee legal rights. Disputes involving unionized workers have been resolved in arbitration for more than fifty years, but increasingly the process is being adapted to address the statutory and common law rights of nonunion employees. Issues such as employment discrimination that earlier would have been litigated are often now resolved in mediation. This textbook uses essays, arbitration awards, and court decisions to bring to the classroom the reality of contemporary workplace decision-making. It comprehensively addresses the substance and procedure for arbitration, mediation, and other dispute resolution mechanisms. The employment arbitration materials, in particular,


Alternative Dispute Resolution (Adr)

Alternative Dispute Resolution (Adr)

Author: Stephen E. Altman

Publisher: DIANE Publishing

Published: 1999-02

Total Pages: 86

ISBN-13: 9780788140877

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Contains: reasons for using Alternative Dispute Resolution (ADR); the types of ADR that have made available to employees through procedures other than those under collective bargaining agree., & the extent to which they have put these ADR processes in place; & the results achieved by using ADR. Examines a number of private companies & fed. agencies &: their experiences in planning & implementing ADR processes; the extent to which they evaluated their ADR processes & to which they reported that these processes have been successful in resolving workplace disputes; & the lessons they learned in planning, implementing, & evaluating their ADR processes.


Alternative Dispute Resolution in the Workplace

Alternative Dispute Resolution in the Workplace

Author: E. Patrick McDermott

Publisher: Praeger

Published: 1996-09-24

Total Pages: 0

ISBN-13: 1567200559

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With the explosion of workplace litigation and the skyrocketing costs associated with it, employers in both the private and public sectors are seeking new ways to swiftly and inexpensively resolve disputes with their employees. Alternative dispute resolution (ADR) procedures offer ways to do this and, according to recent reports, more than 100 major corporations have made use of them. Not only are the costs of trying a workplace dispute before a jury avoided, but also due process requirements have been observed. McDermott and Berkeley introduce executives to ADR, how it's done, and its benefits. This book will be interesting and important reading for executives and for legal counsel that may be unfamiliar with ADR. The reader is first introduced to the employment litigation revolution that is sweeping the country. The authors explain the various contextual factors that have caused this rise in litigation, including the Civil Rights Act of 1993, the Family and Medical Leave Act of 1990, and the Americans with Disabilities Act. Given this new legal environment, the book explores how ADR can assist an employer in avoiding or reducing the costs of employment law litigation. The subject of ADR is divided into mandatory and nonmandatory procedures. Finally, the authors discuss how an employer can introduce a binding arbitration procedure that diverts employment litigation from a jury to an arbitrator. Drafting tips and model clauses are included should an organization seek to develop a mediation procedure, arbitration procedure, or both.


Managing and Resolving Workplace Conflict

Managing and Resolving Workplace Conflict

Author: David Lewin

Publisher: Emerald Group Publishing

Published: 2016-07-26

Total Pages: 279

ISBN-13: 1786350599

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Volume 22 of Advances in Industrial and Labor Relations focuses on new approaches to managing resolving workplace disputes and alternative dispute resolution (ADR) from both theoretical and empirical perspectives and includes contributions from leading international scholars, including J. Ryan Lamare, William K Roche and Paul L. Latreille.


AAA Handbook on Employment Arbitration and ADR

AAA Handbook on Employment Arbitration and ADR

Author: American Arbitration Association

Publisher: Juris Publishing, Inc.

Published: 2010-12-01

Total Pages: 560

ISBN-13: 1933833548

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Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary , been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. This work begins with a general introduction to employment ADR, discussing such topics as where plaintiffs can better vindicate their rights, general employment law strategies, how to assess workplace disputes and conflicts, and options for resolution. Employers are offered valuable advice on how to implement a successful employment arbitration program, with real-life examples to work from. Mediation of employment conflicts and employment arbitration are explored and a comparison of the two is provided, including with respect to statutory employment conflicts. Topics include respectfulness in the workplace, bullying, racial and cultural conflicts, sexual harassment, Disabilities Act disputes, airline disputes, weight discrimination, and discrimination based on marriage and pregnancy. Lastly, this book takes a look at the U.S. Supreme Court decision 14 Penn Plaza LLC v. Pyett, where the Court clarified and reaffirmed the use of mandatory arbitration for resolution of workplace disputes. The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.


Alternative Dispute Resolution

Alternative Dispute Resolution

Author: United States Government Accountability

Publisher: Scholar's Choice

Published: 2015-02-14

Total Pages: 88

ISBN-13: 9781296017613

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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.


Alternative Dispute Resolution

Alternative Dispute Resolution

Author: United States. General Accounting Office

Publisher:

Published: 1997

Total Pages: 81

ISBN-13:

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The redress system for federal workers was designed to protect employees against arbitrary agency actions and prohibited personnel practices, such as discrimination or retaliation for whistleblowing. The redress system is inefficient, time consuming, and costly, however, and several federal agencies have been exploring alternative dispute resolution (ADR) as a way to lessen these burdens. Asked to review ADR as a substitute for inefficient and costly formal dispute resolution systems for federal workers, GAO found that private companies generally used a wider variety of ADR methods than did federal agencies. Of the private firms that reported using ADR, about 80 percent used mediation, about 39 percent used peer review panels, and about 19 percent used arbitration. Most federal agencies using ADR relied on mediation alone. Organizations using ADR generally found it to be successful in resolving disputes, thus avoiding litigation or more formal dispute resolution processes.


Managing Workplace Conflict

Managing Workplace Conflict

Author: Paul Teague

Publisher:

Published: 2015-11

Total Pages: 336

ISBN-13: 9781910393079

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This work is a systematic study of the genesis, operation and outcomes of alternative dispute resolution (ADR) in Ireland. ADR innovations are examined in the context of long-run changes in the pattern of conflict in the workplace and against the background of commercial and regulatory developments bearing on organizations.