The coming third era of labor arbitration

Article Abstract:

Labor arbitration in the collective bargaining context has ceased to be a growth industry, and arbitrators must in the future find other ways of practicing their craft. Since the courts are increasingly encouraging dispute resolution as a way of resolving employment discrimination disputes which used to reach them, arbitrators might be able to use their skills in this area. Arbitration as a way of resolving wrongful termination claims is another possibility. If arbitrators acquire sufficient knowledge of the law, there is no reason they should not be able to serve in these areas.

Dispute resolution (Law)

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Effectiveness of arbitration clauses in employment contracts after the Gilmer decision

Article Abstract:

The US Supreme Court failed to resolve the validity of arbitration clauses in employment contracts when it decided Gilmer v Interstate/Johnson Lane Corp. In commercial contracts, arbitration clauses waive a party's right to have their dispute heard in court without first complying with the provisions of the contract regarding arbitration, but whether employment contracts are an exception to the Federal Arbitration Act is unclear. Whether a party could lose their right to court access provided by other employment laws is also unclear.

Negotiation, mediation and arbitration, Labor contracts

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End of the trilogy: the declining state of labor arbitration

Article Abstract:

Declining unionization and collective bargaining have made labor arbitrators less important, necessitating a branching out into other areas of arbitration. Moreover, courts have grown less eager to enforce arbitration agreements. Labor arbitration started as a method of resolving disputed collective bargaining agreements without a strike. The National Academy of Arbitrators will not forget its roots as an association of labor arbitrators, even if the group must branch out into other areas.

Commercial arbitration

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