Alternative Dispute Resolution in the Employment Arena

Alternative Dispute Resolution in the Employment Arena

Author: Samuel Estreicher

Publisher: Kluwer Law International B.V.

Published: 2004-01-01

Total Pages: 1016

ISBN-13: 9041121846

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This volume, which reprints the proceedings of the New York University 53rd Annual Conference on Labour, features work that provides data to answer many of the questions that form the basis of many of the policy arguments. The contributors explore solutions to problems in the American workplace.


Employment Dispute Resolution and Worker Rights in the Changing Workplace

Employment Dispute Resolution and Worker Rights in the Changing Workplace

Author: Adrienne E. Eaton

Publisher: Cornell University Press

Published: 1999

Total Pages: 314

ISBN-13: 9780913447772

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Have the speed, informality, and low cost of the grievance and arbitration system deteriorated? Has the system become too adversarial? Has it lost its problem-solving character? This book examines the nature and degree of change in workplace dispute resolution in the context of ongoing changes in work and in labor relations.The volume begins with an editors' introduction that provides context and offers a political perspective on the current state of dispute resolution in the workplace. The chapters that follow contain critiques of the existing legal framework surrounding mandatory arbitration in the nonunion sector and a review of the empirical literature on nonunion dispute resolution. Employment Dispute Resolution and Worker Rights in the Changing Workplace includes sections on grievance mediation, the status of the grievance procedure in workplaces with extensive worker and/or union participation in decision making, and high-performance workplaces. The study concludes with trends in dispute resolution in the public sector and with the alternative dispute resolution system commonly practiced in the unionized construction industry.


Mediation and Arbitration of Employment Disputes

Mediation and Arbitration of Employment Disputes

Author: John T. Dunlop

Publisher: Jossey-Bass

Published: 1997-09-12

Total Pages: 0

ISBN-13: 9780787908478

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A Guide for Policy and Practice This book offers a road map to dramatically reduce workplace conflict and legal costs. ADR is a revolutionary trAnd that offers the potential for resolving disputes in a fair and reasonable manner, at tremAndous savings to everyone involved. On behalf of consumers, businesses, and ordinary Americans trapped in a liability logjam, bravo Dunlop and Zack! --Jerry J. Jasinowski, president, National Association of Manufacturers For many employers and employees alike, alternative dispute resolution (ADR) offers clear advantage over recourse to a legal system compromised by staggering case loads, Andless appeals, and high litigation costs. Indeed, ADR may prove the best hope for the equitable, affordable, and expeditious adjudication of employment dispute claims. Now, two of the people most responsible for the adoption of due process arbitration standards--standards that finally gave ADR real teeth--take a comprehensive look at due process arbitration in practice and offer policy guidelines, as well as an action plan for establishing mediation and arbitration as the cornerstones of any dispute resolution system.


Workplace Dispute Resolution

Workplace Dispute Resolution

Author: Sandra E. Gleason

Publisher: MSU Press

Published: 1997

Total Pages: 320

ISBN-13:

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Dispute management in the U.S. currently accepts workplace conflicts as a necessary part of organizational life. Having an effective dispute management system means providing the methods to resolve a dispute that matches the type and stage to which it has progressed while also serving the needs of those who use the system. Contributors to this collection provide a variety of viewpoints, including international perspectives, that help explain why employers who are committed to effective dispute management will use a combination of preventive and remedial dispute resolution mechanisms to address conflicts based primarily on interests, rights, or power. Several essays also investigate how the interpersonal nature of a relationship between people determines the method selected to handle disputes, the impact of the lens of gender on our thinking about negotiation as a social activity for problem solving, and the tension between self-interest and fairness in negotiation and the use of justifications and impression management to resolve this tension.


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.


Just Tell Me! Making Alternative Dispute Resolution Systems Fair

Just Tell Me! Making Alternative Dispute Resolution Systems Fair

Author: Donna Maria Blancero

Publisher:

Published: 2010

Total Pages: 0

ISBN-13:

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This study investigates fairness perceptions of alternative dispute systems utilizing a policy capturing design and a sample of four hundred and fifty non-union, non-management employees from seven organizations. The communication surrounding the decision, the level of employee input, and the composition of the grievance panel had larger effects on overall fairness perceptions than did outcome. Unfavorable outcomes that were reached by fair processes generate higher distributive justice ratings than favorable outcomes reached by unfair processes.