Alternative Dispute Resolution in the Employment Arena: Proceedings of the New York University 53rd Annual Conference on Labor

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Kluwer Law International, 2004 - Law - 998 pages
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On the strength of the landmark 1991Gilmer decision of the U.S. Supreme Court'which set a precedent precluding employees from litigation against their employers if they had signed a pre-dispute mandatory arbitration agreement'many U.S. companies have developed mandatory alternative dispute resolution (ADR) policies for employees. However, the issue is far from settled. A major segment of the U.S. labor and employment law community, including the powerful Equal Employment Opportunity Commission (EEOC) and numerous high-profile academics, contend that such agreements are unenforceable, and indeed should be unenforceable as a matter of policy.

This controversy was the theme of New York University's 53rd Annual Conference on Labor. This long-standing, influential conference is the premier forum for bringing together legal practitioners, academics and researchers, government officials, representatives of companies and labor unions, and human resources specialists to explore solutions to problems in the American workplace. The Conference has recently been brought under the umbrella of the Center for Labor and Employment Law at the New York University School of Law, chaired by Professor Samuel Estreicher.

This valuable symposium addresses such provocative questions as the following:

  • What is corporate America doing with respect to ADR?
  • How have in-house ADR programs fared?
  • Is ADR an economically efficient method to resolve disputes?
  • Do due process protocols affect outcomes?
  • Is post-dispute voluntary arbitration a viable alternative to pre-dispute mandatory arbitration?
  • Are Gilmer agreements possible in the union setting?
  • How does arbitration address class actions and injunctions?
  • Is mediation the better form of ADR?

    In addition to addressing the technical legal questions, this volume, which reprints the proceedings of the 53rd Annual Conference on Labor, features empirical work that provides data to answer many of the questions that form the basis of many of the policy arguments.This wide-ranging yet incisive survey of expert opinion and analysis in the field will be of great value to all professionals involved in the law and policy attendant on labor and employment in the United States.


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    Editors Preface
    ArbitrationPeer Review of Statutory Employment 1
    On the Development of 109
    The Halliburton 155
    The Philip 171
    Credit Suisse First Boston Employment Dispute 181
    General Electrics Experience with ADR 197
    ArbitrationPeer Review of Statutory Employment 227
    Dispute Resolution in the Boundaryless Workplace 653
    The Recent Judicial Evolution of Arbitration of 681
    Negotiating Gilmer Agreements in the Union Sector 705
    Arbitration of Statutory Claims in the Unionized 719
    What is the Appropriate Standard of Judicial 773
    Judicial Review of Arbitration Awards Resolving 789
    Class Actions and Injunctive Relief 815
    Mediation 837

    Resolve it Alcoa at the 233
    Empirical Studies of Employment Arbitration 243
    Law and Economics of Mandatory Arbitration 257
    Employment Arbitrations Before and After the Due 303
    An Empirical Study of 331
    Why PostDispute Voluntary 405
    Empirical and Other 479
    The Uses and Interpretation of Research 505
    When is Cost an Unlawful Barrier to Alternative 511
    The Relationship Between Employment Arbitration 587
    The Legalities and Realities of Adjudicating 617
    The Stakes in the Debate 639
    A Just Alternative or Just an Alternative? Mediation 845
    ECective Representation of a Client in an 863
    Mediation of Employment Disputes at NASD 871
    United States Equal Employment Opportunity 883
    Mediation? 901
    Transforming the Corporate 911
    Mediating Employment Disputes at the U S Postal 921

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    About the author (2004)

    Samuel Estreicher is the Dwight D. Opperman Professor of Law at New York University School of Law, where he directs the Institute of Judicial Administration and the Center for Labor and Employment Law. He is the Chief Reporter of the Restatement of Employment Law and recipient of the Labor and Employment Research Association's Susan C. Eaton Award for Outstanding Scholar-Practitioner. In addition to the law of the workplace, his areas of expertise include alternative dispute resolution, civil procedure, federal courts, and administrative law.

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