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ADR in Employment Law by Stephen Hardy,Jerry Gibson,Chris Chapman Pdf
The 1998 Employment Rights (Dispute Resolution) Act and the 2002 Employment Act seek to change the existing face of UK employment law dispute resolution. Conciliation via in-house disciplinary and appeal procedures must now be followed before resorting to a tribunal hearing. Alternatively,in dismissal cases, employers and employees can both agree to go to arbitration. This book will assist the parties involved to equip themselves with knowledge of these new procedures and processes.
Mediation and Arbitration of Employment Disputes by John T. Dunlop,Arnold M. Zack Pdf
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.
Alternative Dispute Resolution in the Workplace by E. Patrick McDermott,Arthur E. Berkeley Pdf
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.
Author : Laura J. Cooper,Dennis R. Nolan,Richard A. Bales Publisher : West Academic Publishing Page : 984 pages File Size : 52,9 Mb Release : 2005 Category : Business & Economics ISBN : STANFORD:36105134435333
ADR in the Workplace by Laura J. Cooper,Dennis R. Nolan,Richard A. Bales Pdf
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,
Author : American Arbitration Association Publisher : Juris Publishing, Inc. Page : 560 pages File Size : 55,8 Mb Release : 2010-12-01 Category : Arbitration and award ISBN : 9781933833545
AAA Handbook on Employment Arbitration and ADR by American Arbitration Association Pdf
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.
Author : Thomas E. Carbonneau,Philip J. McConnaughay Publisher : Juris Publishing, Incorporated Page : 372 pages File Size : 43,9 Mb Release : 2007 Category : Law ISBN : 1929446497
Author : Barry A. Kuretzky,Jennifer MacKenzie Publisher : Canada Law Book Page : 161 pages File Size : 42,5 Mb Release : 2001 Category : Law ISBN : 0888043279
Author : John Brand Publisher : Juta and Company Ltd Page : 332 pages File Size : 43,7 Mb Release : 2008 Category : Business & Economics ISBN : 0702179558
Employment Dispute Resolution by Aspatore Books Pdf
Employment Dispute Resolution is an authoritative, insider's perspective on strategies for resolving employment disputes. Featuring partners and shareholders from some of the nation's leading law firms, these experts discuss the intricacies and challenges of addressing a dispute from the employer's perspective. These top lawyers reveal their advice on developing an initial response, including understanding the client's circumstances and liabilities, managing documentation and obtaining key evidence to develop a defense strategy, and evaluating the pros and cons of arbitration and mediation. From developing clear policies and procedures and implementing supervisor training to preventing escalation of a suit by responding proactively, these authors offer strategies for avoiding litigation. Additionally, these leaders detail how to deal specifically with discrimination suits and SOX whistleblower claims, explain the impact of recent cases and legislation, and project future trends. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to navigating a complex and ever-evolving area of law.
