The mediation alternative in sex harassment cases

Article Abstract:

Mediation is a good alternative to litigation in sexual harassment cases. The workplace disruption caused by such cases is often exacerbated by protracted administrative and court battles, and by the adversarial character of litigation. Mediation saves time, bypassing slow Equal Employment Opportunities Commission investigations and subsequent lengthy court battles. It also saves employers, employees and taxpayers money.

Remedies, Sexual harassment

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The burden of proof in criminal offenses or 'moral turpitude' cases

Article Abstract:

The use of burden of proof beyond a reasonable doubt is appropriate in criminal law, but not not in labor arbitration, even in cases of criminal offenses or moral turpitude. Rather, the standard of 'clear and convincing evidence' should be applied. Burden of proof beyond a reasonable doubt gives an arbitrator too much power, with neither party able to enjoy the countervailing protections available under criminal law.

Standards, Burden of proof, Labor arbitration

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The role of mandatory arbitration for financial institutions

Article Abstract:

The increased likelihood of lender liability suits has led the banking industry to make more use of arbitration. While arbitration is not always appropriate, it is usually faster, cheaper, more final, private and sensitive to the needs of the industry than the court system. Financial institutions should implement binding mandatory arbitration clauses in contracts, where appropriate.

Banking industry, Negotiation, mediation and arbitration

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