Alternative Dispute Resolution in the Workplace: Concepts and Techniques for Human Resource Executives and Their Counsel

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Greenwood Publishing Group, 1996 - Business & Economics - 178 pages
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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.


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m.a. rev. dr. jeremy taylor ph.d., d.min steals the God spoken created name ministry of dreams. here is a letter from jeremy taylor claiming it
is ok to take
> ministry of dreams, he stole and hid on his site, but google indexed, his letter calls ministry above copyrights, name God spoken and created
and protected : From: "Kathryn Taylor"
> Save Address To:
> ,,
> CC:
> Subject: ministry
> Date: Wed, 21 Feb 2007 15:43:02 -0800
> Show Full Headers Back To [INBOX]
> -------------------------------------------------------------------------------- Dear Anonymous
> Minister
> I have been a minister for over 25 years and have been actively
> carrying out a ministry focused on dreams and dreaming for that
> entire time. I have taught in seminaries, universities, and
> workshops all over the world and continue to do so. I have always
> advocated that working with dreams in general and working with them
> as a ministry is open to all who are called to it. The world needs
> as many good dream ministries as it can get. There is room for all
> at the table (as Jesus so
> eloquently said).
> Ministry of any kind is not about threats, or copyrights or
> ownership in any way. I can only conclude that you are very new to
> this and are not aware of the fellowship of ministry. The goal is
> to help each other, in order to offer help to others. Your
> hostility, and your implied and specific threats make it difficult
> for me to simply welcome you to the ranks of the ministry of dreams
> - which is always what I would prefer to do. I have noted that you
> have called me a thief in print and the law considers that a
> libelous statement
> (email to Jim Garrison, 2/15/07). That's unfortunate.
> I wish you peace.
> Reverend Jeremy Taylor, D.Min.


The Changing Legal and Legislative Landscape
Varieties of Alternative Dispute Resolution
Corporate Alternative Dispute
Brown Root Dispute Resolution Program
The Brown Root Dispute Resolution Plan and Rules
Employment Legal Consultation Plan

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About the author (1996)

E. PATRICK McDERMOTT is a general attorney in the New York City office of Capital Cities/ABC Inc., a subsidiary of The Walt Disney Company and is continuing his graduate studies at the School of Business and Public Management, George Washington University.

ARTHUR ELIOT BERKELEY holds a J.D. from the New York University School of Law, and both an M.S. and D.B.A. from George Washington University. He has taught at the University of Baltimore, Memphis State University, Vanderbilt, and most recently, Johnson C. Smith University. The author and editor of six books, he has published over 100 articles on a wide variety of subjects. A member of the National Academy of Arbitrators, he has an active practice in resolving employment disputes.

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