Mediation And Arbitration Of Employment Disputes
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Mediation And Arbitration Of Employment Disputes
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Author : John T. Dunlop
language : en
Publisher: Jossey-Bass
Release Date : 1997-09-12
Mediation And Arbitration Of Employment Disputes written by John T. Dunlop and has been published by Jossey-Bass this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-09-12 with Business & Economics categories.
A Guide for Policy and Practice This book offers a road map to dramatically reduce workplace conflict and legal costs. ADR is a revolutionary trAnd that offers the potential for resolving disputes in a fair and reasonable manner, at tremAndous savings to everyone involved. On behalf of consumers, businesses, and ordinary Americans trapped in a liability logjam, bravo Dunlop and Zack! --Jerry J. Jasinowski, president, National Association of Manufacturers For many employers and employees alike, alternative dispute resolution (ADR) offers clear advantage over recourse to a legal system compromised by staggering case loads, Andless appeals, and high litigation costs. Indeed, ADR may prove the best hope for the equitable, affordable, and expeditious adjudication of employment dispute claims. Now, two of the people most responsible for the adoption of due process arbitration standards--standards that finally gave ADR real teeth--take a comprehensive look at due process arbitration in practice and offer policy guidelines, as well as an action plan for establishing mediation and arbitration as the cornerstones of any dispute resolution system.
Employment Dispute Resolution And Worker Rights In The Changing Workplace
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Author : Adrienne E. Eaton
language : en
Publisher: Cornell University Press
Release Date : 1999
Employment Dispute Resolution And Worker Rights In The Changing Workplace written by Adrienne E. Eaton and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Business & Economics categories.
Have the speed, informality, and low cost of the grievance and arbitration system deteriorated? Has the system become too adversarial? Has it lost its problem-solving character? This book examines the nature and degree of change in workplace dispute resolution in the context of ongoing changes in work and in labor relations.The volume begins with an editors' introduction that provides context and offers a political perspective on the current state of dispute resolution in the workplace. The chapters that follow contain critiques of the existing legal framework surrounding mandatory arbitration in the nonunion sector and a review of the empirical literature on nonunion dispute resolution. Employment Dispute Resolution and Worker Rights in the Changing Workplace includes sections on grievance mediation, the status of the grievance procedure in workplaces with extensive worker and/or union participation in decision making, and high-performance workplaces. The study concludes with trends in dispute resolution in the public sector and with the alternative dispute resolution system commonly practiced in the unionized construction industry.
Employment Arbitration 2nd Edition
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Author : Thomas E. Carbonneau
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2006-06-01
Employment Arbitration 2nd Edition written by Thomas E. Carbonneau and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-06-01 with Law categories.
Employment Arbitration provides practical commentary and analysis in the area of employment arbitration, for both the novice and the seasoned practitioner. It contains a comprehensive overview of the major developments in this emerging field and it supplies the reader with analysis, perspective, and commentary. The cases selected for presentation and analysis are the most significant decided to date. The case summaries are comprehensive, cogent, and objectively rendered. In addition, they contain critical evaluations which can be of use in developing litigation strategy or advising clients on business practices. The volume also describes and assesses political developments - proposed legislation and lobbying efforts - that address or which could affect this new use of arbitration. Employment Arbitrationemphasizes a number of issues that are particularly controversial in the area: the enforceability of employer-imposed arbitration agreements, the award of attorney’s fees and punitive damages, and the review of arbitral determinations on civil rights claims. Finally, the volume provides the reader with model employment arbitration agreements that are accompanied by extensive commentary and explanations.
Managing And Resolving Workplace Conflict
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Author : David Lewin
language : en
Publisher: Emerald Group Publishing
Release Date : 2016-07-26
Managing And Resolving Workplace Conflict written by David Lewin and has been published by Emerald Group Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-26 with Business & Economics categories.
Volume 22 of Advances in Industrial and Labor Relations focuses on new approaches to managing resolving workplace disputes and alternative dispute resolution (ADR) from both theoretical and empirical perspectives and includes contributions from leading international scholars, including J. Ryan Lamare, William K Roche and Paul L. Latreille.
Employment Dispute Resolution
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Author : Aspatore Books
language : en
Publisher: Aspatore Books
Release Date : 2008
Employment Dispute Resolution written by Aspatore Books and has been published by Aspatore Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
Employment Dispute Resolution is an authoritative, insider's perspective on strategies for resolving employment disputes. Featuring partners and shareholders from some of the nation's leading law firms, these experts discuss the intricacies and challenges of addressing a dispute from the employer's perspective. These top lawyers reveal their advice on developing an initial response, including understanding the client's circumstances and liabilities, managing documentation and obtaining key evidence to develop a defense strategy, and evaluating the pros and cons of arbitration and mediation. From developing clear policies and procedures and implementing supervisor training to preventing escalation of a suit by responding proactively, these authors offer strategies for avoiding litigation. Additionally, these leaders detail how to deal specifically with discrimination suits and SOX whistleblower claims, explain the impact of recent cases and legislation, and project future trends. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to navigating a complex and ever-evolving area of law.
Mediating Employment Disputes
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Author : Barry A. Kuretzky
language : en
Publisher: Canada Law Book
Release Date : 2001
Mediating Employment Disputes written by Barry A. Kuretzky and has been published by Canada Law Book this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
Employment Disputes And The Third Party
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Author : Pat Lowry
language : en
Publisher: Springer
Release Date : 2016-07-27
Employment Disputes And The Third Party written by Pat Lowry and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-27 with Social Science categories.
Industrial conflict has been well documented; dispute resolution much less so. In this book, Pat Lowry evaluates the work of conciliations and arbitrations. He critically examines the value of courts of inquiry and traces the development of pay review bodies and wages councils. He writes, too, of the little publicised work of the TUC in sorting out problems between member unions. Pat Lowry covers the events leading to the expulsion of the Electricians' Union from the TUC and he casts an expert's eye over such new developments as single union agreements and pendulum arbitration.
Mediation In Collective Labor Conflicts
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Author : Martin C. Euwema
language : en
Publisher: Springer
Release Date : 2019-05-28
Mediation In Collective Labor Conflicts written by Martin C. Euwema and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-28 with Psychology categories.
This open access book opens up the black box of mediation in collective conflicts through the analyses and comparisons of various systems. Mediation and related third party interventions such as conciliation and facilitation are discussed as effective prevention and regulation tools for different types of collective labor conflicts. These interventions fit in a new developed five-phase model of collective conflicts in organizations, going from capacity building in latent conflicts, through conciliation, mediation and arbitration in escalating phases, to rebuilding of trust after hot conflicts. The authors promote understanding and discussion with regards to labor mediation systems, presenting comparative research on the perspectives of mediators and users of mediation. This book describes and analyses laws, regulations and practices of mediation in seventeen countries, with a relative strong emphasis on Europe. Part 1 presents theoretical frameworks on conciliation and mediation in collective labor conflicts. Part 2 presents regulations and practices in 12 European countries: Belgium, Denmark, Estonia, France, Italy, Poland, Portugal, Spain, The Netherlands, and the United Kingdom. Part 3 discusses mediation in these collective conflicts in Australia, China, India, South Africa and the USA. Part 4 offers conclusions and ways forward. This book offers analyses, good practices and developments for third party intervention in collective labor conflicts in global and local changing environments. This book is a must-read for policy makers, , social partners at different levels, as well as scholars and practitioners in industrial relations, human resources management and conflict management, particularly conciliators and mediators.
Alternative Dispute Resolution In The Workplace
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Author : E. Patrick McDermott
language : en
Publisher: Praeger
Release Date : 1996-09-24
Alternative Dispute Resolution In The Workplace written by E. Patrick McDermott and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-09-24 with Business & Economics categories.
With the explosion of workplace litigation and the skyrocketing costs associated with it, employers in both the private and public sectors are seeking new ways to swiftly and inexpensively resolve disputes with their employees. Alternative dispute resolution (ADR) procedures offer ways to do this and, according to recent reports, more than 100 major corporations have made use of them. Not only are the costs of trying a workplace dispute before a jury avoided, but also due process requirements have been observed. McDermott and Berkeley introduce executives to ADR, how it's done, and its benefits. This book will be interesting and important reading for executives and for legal counsel that may be unfamiliar with ADR. The reader is first introduced to the employment litigation revolution that is sweeping the country. The authors explain the various contextual factors that have caused this rise in litigation, including the Civil Rights Act of 1993, the Family and Medical Leave Act of 1990, and the Americans with Disabilities Act. Given this new legal environment, the book explores how ADR can assist an employer in avoiding or reducing the costs of employment law litigation. The subject of ADR is divided into mandatory and nonmandatory procedures. Finally, the authors discuss how an employer can introduce a binding arbitration procedure that diverts employment litigation from a jury to an arbitrator. Drafting tips and model clauses are included should an organization seek to develop a mediation procedure, arbitration procedure, or both.
Compulsory Arbitration
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Author : Richard A. Bales
language : en
Publisher: Cornell University Press
Release Date : 2019-06-07
Compulsory Arbitration written by Richard A. Bales and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-07 with Law categories.
This is the first book on a crucial issue in human resource management. In recent years, employers have begun to require, as a condition of employment, that their nonunion employees agree to arbitrate rather than litigate any employment disputes, including claims of discrimination. As the number of employers considering such a requirement soars, so does the fear that compulsory arbitration may eviscerate the statutory rights of employees. Richard A. Bales explains that the advantages of arbitration are clear. Much faster and less expensive than litigation, arbitration provides a forum for the many employees who are shut out of the current litigative system by the cost and by the tremendous backlog of cases. On the other hand, employers could use arbitration abusively. Bales views the current situation as an ongoing experiment. As long as the courts continue to enforce agreements that are fundamentally fair to employees, the experiment will continue. After tracing the history of employment arbitration in the nonunion sector, Bales explains how employment arbitration has actually worked in the securities industry and at Brown & Root, a company with a comprehensive dispute resolution process. He concludes by summarizing the advantages, disadvantages, and policy implications of adopting arbitration as the preeminent method of resolving disputes in the American workforce.