Fighting on the job: analysis of recent arbitration decisions

Article Abstract:

An analysis of arbitration decisions regarding fights in the workplace reveals employer punishment was reduced for workers who were not the aggressor in the fight. Punishment was also reduced if employers failed to communicate company policies. Companies that arbitrate resolutions to workplace fights must develop just-cause guidelines for punishment and communicate them to employees. This may not be as simple as an unequivocal rule that terminates any employee who fights, but it is more fair.

Negotiation, mediation and arbitration, Workplace violence

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Administered vs. non-administered arbitration

Article Abstract:

Arbitration, a method of dispute resolution, requires the parties to agree on how to manage the arbitration procedure. Procedural management includes filing, notice, and the issuance of the final award. The parties can either delegate these responsibilities entirely to an independent agency, delegate selected duties to an agency, or keep control over all such duties in themselves. Which strategy is preferable for a given arbitration depends on the characteristics of that arbitration.

United States

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Preparing your client for mediation

Article Abstract:

Clients need to fully understand the mediation process before entering into it. A mock mediation session is often helpful. Clients often begin mediation preparation by assuming it is similar to litigation, where two possible solutions are advocated by opposing sides. Mediation is a participatory process in which parties negotiate their solution. It provides clients with an opportunity to be heard that exceeds any opportunity they would have in court.

Usage, Mock trials

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