Alternative Dispute Resolution In The Employment Arena
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Alternative Dispute Resolution in the Employment Arena by Samuel Estreicher,David Sherwyn Pdf
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.
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.
David Lewin,Paul J. Gollan,David B. Lipsky,Ariel C. Avgar,J. Ryan Lamare
Author : David Lewin,Paul J. Gollan,David B. Lipsky,Ariel C. Avgar,J. Ryan Lamare Publisher : Emerald Group Publishing Page : 280 pages File Size : 54,8 Mb Release : 2016-07-26 Category : Business & Economics ISBN : 9781786350596
Managing and Resolving Workplace Conflict by David Lewin,Paul J. Gollan,David B. Lipsky,Ariel C. Avgar,J. Ryan Lamare Pdf
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.
Author : Laura J. Cooper,Dennis R. Nolan,Richard A. Bales Publisher : West Academic Publishing Page : 984 pages File Size : 48,8 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,
The SAGE Handbook of Conflict Communication by John G. Oetzel,Stella Ting-Toomey Pdf
The SAGE Handbook of Conflict Communication: Integrating Theory, Research, and Practice is the first resource to synthesize key theories, research, and practices of conflict communication in a variety of contexts. Editors John Oetzel and Stella Ting-Toomey, as well as expert researchers in the field, emphasize constructive conflict management from a communication perspective which places primacy in the message as the focus of conflict research and practice.
Employment Dispute Resolution and Worker Rights in the Changing Workplace by Adrienne E. Eaton,Jeffrey H. Keefe Pdf
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.
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.
Employment Discrimination by DIANE Publishing Company Pdf
In FY 1994, the Equal Employ. Opport'y. Comm. received over 90,000 discrimination complaints from employees, almost twice the number filed in 1981 & 10 times the number in 1966. This report discusses the extent to which private-sector employers use alternative dispute resolution (ADR) approaches, including negotiation, fact finding, peer review, internal mediation, external mediation & especially arbitration, to resolve discrimination complaints of employees not covered by collective bargaining agreements; & the fairness of arbitration policies.
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.
Workplace Justice Without Unions by Hoyt N. Wheeler,Brian S. Klaas,Douglas M. Mahony Pdf
Justice in the U.S. nonunion workplace operates within the tenets of employment-at-will. Based on the late nineteenth century Woods rule, this concept led courts to recognize the right of an employer to fire a worker at any time, for any reason. Fortunately for nonunion workers, a workplace justice system has evolved that provides them some recourse when they have been let go without just cause. This is a complex and not widely understood system, but now there is a book that clarifies its workings and compares its effectiveness and fairness to a variety of other workplace justice systems. [publisher web site].
Alternative dispute resolution employers' experiences with ADR in the workplace : report to the Chairman, Subcommittee on Civil Service, Committee on Government Reform and Oversight, House of Representatives by Anonim Pdf
