Mediation and Arbitration of Employment Disputes / Edition 1by John T. Dunlop, Arnold M. Zack
Pub. Date: 09/01/1997
Something is wrong with the current process of resolving workplace disputes. With over 125 million U.S. workers now covered by an ever-expanding array of employment statutes, our civil courts and regulatory agencies are overwhelmed by case loads they were never meant to accommodate. And for the average worker, chances for a fair, affordable, and prompt redress of
Something is wrong with the current process of resolving workplace disputes. With over 125 million U.S. workers now covered by an ever-expanding array of employment statutes, our civil courts and regulatory agencies are overwhelmed by case loads they were never meant to accommodate. And for the average worker, chances for a fair, affordable, and prompt redress of grievances become more remote with every petition filed. There is a promising solution, however, and it is found in the emerging practice of alternative dispute resolution (ADR).In this, the most comprehensive work of its kind, two giants in the field advocate the adoption of ADR as a way of greatly reducing demands placed on our judicial system while offering claimants a more equitable procedure for resolving workplace disputes. Indeed, Dunlop and Zack's own historic work in establishing due process arbitration standards has helped to transform mediation and arbitration into a viable alternative to litigation-a transformation filled with enormous implications for the future.Here, readers will examine arbitration's emergence as a force in employment law, consider its current status, and explore its possibilities far beyond the employment field. They will become familiar with the issues of due process protection, consider the positive use of mediation, and discover how regulatory agencies, by embracing ADR, have cut their backlogs, reduced their personnel and enforcement costs, and brought speedier and more equitable statutory enforcement to a broader spectrum of the workforce than could otherwise gain access to such protection. Moreover, they will learn the steps they must take to institute ADR as a matter of routine practice.A call for justice and a plan for action, Mediation and Arbitration of Employment Disputes seeks to provide millions of workers with a more equitable forum for securing their rights, and offers a nation embroiled in litigation a more sensible system for resolving its differences
Table of Contents
Preface: Toward a Fair, Affordable, and Expeditions Procedure for Employment Conflict Resolution.
The Rise of Labor-Management Dispute Resolution.
Labor-Management Arbitration as the Framework for Employment Law Dispute Resolution.
The Emergence of Alternative Dispute Resolution.
The Current State of Employment Law Arbitration.
Employment Law Dispute Settlement Programs Developed by Private Business.
Elements of Due Process Protection.
Alternative Dispute Resolution in Government Agencies.
A Case Study in System Design: The Massachusetts Comminsion Against Discrimination.
The Future of Employment Law Dispute Resolution.
Appendix A: List of Acronyms.
Appendix B: The Protocol: Due Process Protocol for Mediation and Abitration of Statutory Disputes Arising Out of the Employment Relationship.
Appendix C: Massachusetts Commision Against Discrimination Policy 96-1: Policy on Alternative Dispute Resolution.
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