Mediation and Arbitration of Employment Disputes / Edition 1

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For many employers and employees alike, alternative dispute resolution ADR offers clear advantage over recourse to a legal system compromised by staggering caseloads, endless 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 corner stones of any dispute resolution system.
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Editorial Reviews

Advocates the adoption of alternative dispute resolution (ADR) as a way of greatly reducing demands placed on the judicial system and offering claimants a more equitable procedure for resolving workplace disputes. Examines arbitration's emergence as a force in employment law, considers its current status, and explores its possibilities beyond the field of employment. Looks at employment law dispute settlement programs developed by private business, ADR in government agencies, and elements of due process protection, and includes a case study of the Massachusetts Commission Against Discrimination. Annotation c. by Book News, Inc., Portland, Or.
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Product Details

  • ISBN-13: 9780787908478
  • Publisher: Wiley, John & Sons, Incorporated
  • Publication date: 9/1/1997
  • Series: The Jossey-Bass Conflict Resolution Ser.
  • Edition number: 1
  • Pages: 223
  • Product dimensions: 6.31 (w) x 9.32 (h) x 0.86 (d)

Table of Contents

Preface: Toward a Fair, Affordable, and Expeditious Procedure for Employment Conflict Resolution
The Authors
1 The Rise of Labor-Management Dispute Resolution 1
2 Labor-Management Arbitration as the Framework for Employment Law Dispute Resolution 23
3 The Emergence of Alternative Dispute Resolution 37
4 The Current State of Employment Law Arbitration 53
5 Employment Law Dispute Settlement Programs Developed by Private Business 73
6 Elements of Due Process Protection 93
7 Alternative Dispute Resolution in Government Agencies 119
8 A Case Study in System Design: The Massachusetts Commission Against Discrimination 135
9 The Future of Employment Law Dispute Resolution 149
App. A: List of Acronyms 169
App. B The Protocol: Due Process Protocol for Mediation and Arbitration of Statutory Disputes Arising Out of the Employment Relationship 171
App. C Massachusetts Commission Against Discrimination Policy 96-1: Policy on Alternative Dispute Resolution 179
Notes 193
Index 217
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