The mediation alternative in sex harassment cases
Article Abstract:
Mediation is a good alternative to litigation in sexual harassment cases. The workplace disruption caused by such cases is often exacerbated by protracted administrative and court battles, and by the adversarial character of litigation. Mediation saves time, bypassing slow Equal Employment Opportunities Commission investigations and subsequent lengthy court battles. It also saves employers, employees and taxpayers money.
Publication Name: Arbitration Journal
Subject: Law
ISSN: 0003-7893
Year: 1992
User Contributions:
Comment about this article or add new information about this topic:
The burden of proof in criminal offenses or 'moral turpitude' cases
Article Abstract:
The use of burden of proof beyond a reasonable doubt is appropriate in criminal law, but not not in labor arbitration, even in cases of criminal offenses or moral turpitude. Rather, the standard of 'clear and convincing evidence' should be applied. Burden of proof beyond a reasonable doubt gives an arbitrator too much power, with neither party able to enjoy the countervailing protections available under criminal law.
Publication Name: Arbitration Journal
Subject: Law
ISSN: 0003-7893
Year: 1991
User Contributions:
Comment about this article or add new information about this topic:
The role of mandatory arbitration for financial institutions
Article Abstract:
The increased likelihood of lender liability suits has led the banking industry to make more use of arbitration. While arbitration is not always appropriate, it is usually faster, cheaper, more final, private and sensitive to the needs of the industry than the court system. Financial institutions should implement binding mandatory arbitration clauses in contracts, where appropriate.
Publication Name: Arbitration Journal
Subject: Law
ISSN: 0003-7893
Year: 1991
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: The debate over mandatory arbitration in employment disputes. Arbitration in public sector labor disputes
- Abstracts: Remedies in international transactions: a case for flexibility. Deregulation and merger enforcement in the natural gas industry
- Abstracts: Contextualizing business ethics. The Economic and Ethical Implications of New Technology on Privacy in the Workplace
- Abstracts: The choice of organizational form in gasoline retalinling and the cost of laws that limit that choice. Market power and cartel formation: theory and an empirical test
- Abstracts: Excess Benefit Plans, Part II. The Nature of the Promise to Pay in a Section 457 Plan