Employment contracts under the FAA - reconsidered

Article Abstract:

There is no official documentation of the reason behind the exclusion of employment contracts for workers involved in foreign or interstate commerce, especially seamen and railroad employees, from the Federal Arbitration Act. However, the excluded classes were all under the jurisdiction of Congress at the time and so this is probably the reason for the exclusion and why other worker groups did not protest the exclusion. Courts have since expanded the coverage of the FAA and the exclusion but Congress should be the one to modernize public policy not the courts.

Labor Arbitration, Contracts, Labor contracts, Merchant seamen, Merchant mariners

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Alternative dispute resolution: legal developments, drafting guidelines and psychological benefits

Article Abstract:

Use of alternative dispute resolution techniques to resolve employment conflicts can provide less costly disposition than adjudicating while providing psychological benefits that are not available in adversarial proceedings. The US Supreme Court's decision in the Gilmer case suggests that the courts are willing to all arbitration to be used in employment discrimination suits. Companies should tailor dispute resolution clauses to maximize the psychological benefits of less adversarial and more constructive proceedings.

Psychological aspects, Dispute resolution (Law)

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