Practical concerns affecting the arbitration of statutory claims

Article Abstract:

The arbitration of statutory employment claims is supported by the US Supreme Court decision in Gilmer v. Interstate/Johnson Lane Corp., but attorneys should be aware of relevant practicalities when choosing between litigation and arbitration. Arbitration is suited for cases involving little discovery. The process for arbitration should be negotiated before arbitration begins. A neutral arbitrator is mandatory. All remedies available under statutory law should be available under arbitration.

Negotiation, mediation and arbitration, Employment discrimination

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Labor-management dispute resolution and the media

Article Abstract:

Print media coverage of a 1999 strike conducted by the United Steelworkers of America against a shipbuilding firm is analyzed. Topics include the union's dispute tactics, the media's misplaced attention on differences between the union local and its parent organization, and the union's continued reliance on the media.

Labor relations, Media coverage, United Steelworkers of America, Labor disputes

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How to make the most of the employment ADR process

Article Abstract:

Issues regarding the deficiencies of employment ADR are discussed and a systems approach to conflict management proposed in which ADR is integrated with other management processes to improve organizational effectiveness. The ADR process must have a broad scope that goes beyond resolving personal disputes.

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