All-in-one dispute resolution: one case, four procedures

Article Abstract:

A combination of ADR techniques, including mediation, fact-finding, mini-trial and arbitration may be used to help attorneys solve complex problems without resorting to litigation. Mediation allows for all relevant information to be brought forward quickly and fairly and therefore promotes open discussion between the involved parties. If this fails, fact-finding is the logical next step, using the same mediator as before. A mini-trial may be necessary and arbitration can be used to structure eventual settlements. A case using these techniques is discussed.

Dispute resolution (Law), Mediation

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Job discrimination claims under collective bargaining

Article Abstract:

The legal authority collective-bargaining agreements have to enforce mandatory arbitration in job discrimination cases has yet to be resolved by either the US Supreme Court or the Circuit Courts of Appeals. The Supreme Court in Alexander v. Gardner-Denver decided in 1974 employees have the right to sue despite agreements. The Supreme Court in 1991 did not overrule but limited Gardner-Denver in Gilmer v. Interstate/Johnson Lane Corp. Circuit Courts of Appeals have favored employee rights to sue.

United States, Employment discrimination, Civil rights, Collective labor agreements

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Trends in arbitrating falsification of employment application forms

Article Abstract:

Arbitrators consider several factors in determining whether an employee's misrepresentation on a job application form warrants dismissal. They must consider the employee's intent, was it to deceive or only a mistake. They look at the misrepresentation and whether or not it was material to the hiring decision or to the decision to discharge the employee. They must also determine if the employer checked on or asked about blanks and statements made on the application at the time of hiring.

Fraud, Job applicants

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