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Dispute Resolution and Arbitration

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Articles 1 - 30 of 169

Full-Text Articles in Labor Relations

Sports, Inc., Volume 10, Issue 2, Ilr Sports Business Society Apr 2018

Sports, Inc., Volume 10, Issue 2, Ilr Sports Business Society

Sports, Inc.

The ILR Cornell Sports Business Society magazine is a semester publication titled Sports, Inc. This publication serves as a space for our membership to publish and feature in-depth research and well-thought out ideas to advance the world of sport. The magazine can be found in the Office of Student Services and is distributed to alumni who come visit us on campus. Issues are reproduced here with permission of the ILR Cornell Sports Business Society.


Collective Bargaining And Dispute System Design, Rafael Gely Jan 2018

Collective Bargaining And Dispute System Design, Rafael Gely

University of St. Thomas Law Journal

No abstract provided.


Resolving Discrimination Complaints In Employment Arbitration: An Analysis Of The Experience In The Securities Industry, J. Ryan Lamare, David B. Lipsky Jan 2018

Resolving Discrimination Complaints In Employment Arbitration: An Analysis Of The Experience In The Securities Industry, J. Ryan Lamare, David B. Lipsky

Articles and Chapters

This article empirically examines whether employment discrimination claims differ from other types of disputes resolved through arbitration. Whether arbitration is appropriate for resolving violations of anti-discrimination statutes at work is a focus of ongoing policy debates. Yet empirical scholarship has rarely considered whether different types of complaints might have distinct characteristics and receive varied outcomes in arbitration. The authors analyze all of the employment arbitration awards for cases filed between 1991 and 2006 in the financial services industry to determine whether differences in the type of allegation affect award outcomes. They also examine the effects of the financial industry’s ...


Do It Right Or Not At All: A Longitudinal Evaluation Of A Conflict Managment System Implementation, Benjamin B. Dunford, Kevin J. Mumford, R. Wayne Boss, Alan D. Boss, David S. Boss Nov 2017

Do It Right Or Not At All: A Longitudinal Evaluation Of A Conflict Managment System Implementation, Benjamin B. Dunford, Kevin J. Mumford, R. Wayne Boss, Alan D. Boss, David S. Boss

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

We analyzed an eight-year multi-source longitudinal data set that followed a healthcare system in the Eastern United States as it implemented a major conflict management initiative to encourage line managers to consistently perform Personal Management Interviews (or PMIs) with their employees. PMIs are interviews held between two individuals, designed to prevent or quickly resolve interpersonal problems before they escalate to formal grievances. This initiative provided us a unique opportunity to empirically test key predictions of Integrated Conflict Management System (or ICMS) theory. Analyzing survey and personnel file data from 5,449 individuals from 2003 to 2010, we found that employees ...


Disputant Preferences For Mediated Or Adjudicated Processes In Administrative Agencies: The Occupational Safety And Health Review Commission Settlement Part Program, Deanna Malatesta, Lisa Blomgren Amsler, Susanna Foxworthy Scott Nov 2017

Disputant Preferences For Mediated Or Adjudicated Processes In Administrative Agencies: The Occupational Safety And Health Review Commission Settlement Part Program, Deanna Malatesta, Lisa Blomgren Amsler, Susanna Foxworthy Scott

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

Previous research examining disputants’ preferences for mediation over more formal adjudicative proceedings is limited and mostly experimental. Moreover, this work has not examined preferences in relation to repeated experience with various types of proceedings. We surveyed disputants who have experienced different types of proceedings in administrative adjudication and administrative law judge mediation in the Settlement Part Program at the Occupational Safety and Health Review Commission (OSHRC). We find that the higher the perceptions of procedural justice, the greater the preference for use of mediation. In addition, the more total experience disputants have in the OSHRC dispute system (including both adjudication ...


Labor Relations Conflict In The Workplace: Scale Development, Consequences And Solutions, Lulu Zhou, Meng Xi, Xufan Zhang, Shuming Zhao Nov 2017

Labor Relations Conflict In The Workplace: Scale Development, Consequences And Solutions, Lulu Zhou, Meng Xi, Xufan Zhang, Shuming Zhao

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

Because the goals of employers and employees are often incompatible, conflicts are inevitable and an essential part of organizational life. The three studies reported in this paper addressed the issues of identifying the dimensions of workplace conflicts within organizations, exploring the consequences of conflicts, and finding appropriate methods of conflict resolution. The first study identified and developed three dimensions of labor relations conflict, including interest-based, rights-based, and emotion-based conflicts. The second study explored two sets of individual outcomes of labor relations conflicts and found labor relations conflicts had a negative effect on employee job satisfaction and affective commitment and positive ...


Adr-Based Workplace Conflict Management Systems: A Case Of American Exceptionalism, Paul Teague, William Roche, Denise Currie, Tom Gormley Nov 2017

Adr-Based Workplace Conflict Management Systems: A Case Of American Exceptionalism, Paul Teague, William Roche, Denise Currie, Tom Gormley

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

[Excerpt] The diffusion of ADR-based conflict management systems is a development increasingly highlighted in the literature. Organizations are seen as putting in place multiple procedures and practices so that different varieties of workplace conflict can be effectively addressed. Just why organizations are electing to introduce these integrated bundles of innovative conflict management practices is a matter of debate, but many view the development as transforming the manner in which workplace problems are managed in modern organizations, with some even pronouncing that it amounts to the rewriting of the social contract at work (Lipsky and Seeber 2006). This paper argues that ...


Organizational Conflict Resolution And Strategic Choice: Evidence From A Survey Of Fortune 1000 Companies, David B. Lipsky, Ariel C. Avgar, J. Ryan Lamare Nov 2017

Organizational Conflict Resolution And Strategic Choice: Evidence From A Survey Of Fortune 1000 Companies, David B. Lipsky, Ariel C. Avgar, J. Ryan Lamare

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

In this paper we develop the argument that a firm’s ADR strategies are likely to be associated with a firm’s use of one conflict resolution option or the other. More specifically, we examine whether a firm’s use of either arbitration or mediation is a function of (1) the extent to which the use of either of these dispute resolution processes aligns with the goals and objectives management is seeking to advance, and (2) the extent of the firm’s commitment to the use of these practices. We expect to find that an organization’s use of either ...


Third-Party Intervention And The Preservation Of Bargaining Relationships, Bradley R. Weinberg Nov 2017

Third-Party Intervention And The Preservation Of Bargaining Relationships, Bradley R. Weinberg

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

This article uses longitudinal contact data to examine if third-party dispute resolution procedures available in Ontario improve the health of bargaining relationships and contribute to their preservation. It performs this in two manners: (1) using survival analysis to see how the mechanisms correlate with the likelihood of relationship dissolution and (2) using dynamic panel models to observe their state dependence. The latter is undertaken to see if third-party intervention pushes the parties to settle subsequent agreements earlier in the process – a finding that would reveal another aspect of relationship preservation if those earlier interventions are shown to correlate with lower ...


Transforming New Zealand Employment Relations: At The Intersection Of Institutional Dispute Resolution And Workplace Conflict Management, Gaye Greenwood Ph.D., Erling Rasmussen Nov 2017

Transforming New Zealand Employment Relations: At The Intersection Of Institutional Dispute Resolution And Workplace Conflict Management, Gaye Greenwood Ph.D., Erling Rasmussen

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

In New Zealand, the contemporary shift from highly regulated, collectivist employment rights to individual employment relationships included statutory direction to mediation. Good faith negotiation in the workplace and state provision of mediation were to be the primary mechanisms for resolution of ‘employment relationship problems’ (ERP). This paper investigates the intersection between workplace conflict management and institutional provision of mediation. We investigated ERP resolution by drawing on empirical evidence from 38 narrative interviews where participants recounted experiences of employment relationship problem (ERP) resolution. We analysed 243 ERP by comparing settlements to end employment relationships with resolution of ERP where relationships endured ...


Decision-Maker And Context Effects In Employment Arbitration, Mark Gough, Alexander Colvin Nov 2017

Decision-Maker And Context Effects In Employment Arbitration, Mark Gough, Alexander Colvin

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

Using a novel survey of 284 employment arbitrators, this study investigates how decision-maker characteristics and the context of the arbitration proceeding affect employee outcomes. We analyze the predictors of settlement before an arbitrator award and, if no settlement is reached, the likelihood an employee will receive a verdict in their favor after a full hearing. We find pre-arbitration dispute resolution procedures have significant effects on settlement behavior and employee outcomes. The characteristics of the presiding arbitrator as well as the structure of the arbitration proceeding were also found to affect employee outcomes at trial. This study contributes to the existing ...


Systems For Conflict Resolution In Comparative Perspective, Martin Behrens, Alexander Colvin, Lisa Dorigatti, Andreas H. Pekarek Oct 2017

Systems For Conflict Resolution In Comparative Perspective, Martin Behrens, Alexander Colvin, Lisa Dorigatti, Andreas H. Pekarek

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

[Excerpt] It is a cornerstone of industrial relations (IR) theory that the potential for conflict is inherent to the employment relationship. Across countries, forms of workplace conflict and methods of conflict resolution take a range of different forms. Yet aside from attempts to understand cross-national variation in strikes, there is little research examining systemic differences in the manifestation and management of workplace conflict (a notable exception is Roche et al. 2014). The following analysis seeks to fill this void by analyzing through a comparative lens practices for addressing employment related conflict in four countries: Germany, Italy, the US and Australia.


Sports, Inc., Volume 10, Issue 1, Ilr Cornell Sports Business Society Oct 2017

Sports, Inc., Volume 10, Issue 1, Ilr Cornell Sports Business Society

Sports, Inc.

The ILR Cornell Sports Business Society magazine is a semester publication titled Sports, Inc. This publication serves as a space for our membership to publish and feature in-depth research and well-thought out ideas to advance the world of sport. The magazine can be found in the Office of Student Services and is distributed to alumni who come visit us on campus. Issues are reproduced here with permission of the ILR Cornell Sports Business Society.


Advancing Dispute Resolution By Unpacking The Sources Of Conflict: Toward An Integrated Framework, John W. Budd, Alexander Colvin, Dionne M. Pohler Sep 2017

Advancing Dispute Resolution By Unpacking The Sources Of Conflict: Toward An Integrated Framework, John W. Budd, Alexander Colvin, Dionne M. Pohler

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

Organizational leaders, public policy makers, dispute resolution professionals, and scholars have developed diverse methods for resolving workplace conflict. But there is inadequate recognition that the effectiveness of a dispute resolution method depends on its fit with the source of a particular conflict. Consequently, it is essential to better understand where conflict comes from and how this affects dispute resolution. To these ends, this paper uniquely integrates scholarship from multiple disciplines to develop a multi-dimensional framework on the sources of conflict. This provides an important foundation for theorizing and identifying effective dispute resolution methods, which are more important than ever as ...


Sports, Inc. Volume 9, Issue 2, Ilr Cornell Sports Business Society Apr 2017

Sports, Inc. Volume 9, Issue 2, Ilr Cornell Sports Business Society

Sports, Inc.

The ILR Cornell Sports Business Society magazine is a semester publication titled Sports, Inc. This publication serves as a space for our membership to publish and feature in-depth research and well-thought out ideas to advance the world of sport. The magazine can be found in the Office of Student Services and is distributed to alumni who come visit us on campus. Issues are reproduced here with permission of the ILR Cornell Sports Business Society.


Organizational Innovators: A Study Of Workplace Intra-Employee Conflict Management Strategies, David Nash, Deborah Hann Jan 2017

Organizational Innovators: A Study Of Workplace Intra-Employee Conflict Management Strategies, David Nash, Deborah Hann

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

[Excerpt] Whilst the issue of intra-employee conflict is clearly one that impacts today’s organization, it is less clear how this conflict is addressed and resolved in contemporary workplaces. Previous research has often treated workplace conflict as homogeonous, but it is important that different conflicts should be treated separately (Jehn and Bendersky 2003). The purpose of this article is to contribute to our understanding of the management of conflict in the workplace by examining this under-researched form of conflict and perhaps more importantly how organizations address this prevalent form of workplace dispute, if they do so at all. Soecifically, by ...


Sports, Inc. Volume 9, Issue 1, Ilr Cornell Sports Business Society Oct 2016

Sports, Inc. Volume 9, Issue 1, Ilr Cornell Sports Business Society

Sports, Inc.

The ILR Cornell Sports Business Society magazine is a semester publication titled Sports, Inc. This publication serves as a space for our membership to publish and feature in-depth research and well-thought out ideas to advance the world of sport. The magazine can be found in the Office of Student Services and is distributed to alumni who come visit us on campus. Issues are reproduced here with permission of the ILR Cornell Sports Business Society.


Shaping The Agenda 1: Exploring The Competencies, Skills And Behaviours Of Effective Workplace Mediators, Brian M. Barry Dr, Margaret Bouchier, Alec Coakley, Deirdre Curran Dr, James Dillon, Cyril Joyce, Treasa Kenny, Oksana Kokaylo, Louisa Meehan, Genevieve Murray Sep 2016

Shaping The Agenda 1: Exploring The Competencies, Skills And Behaviours Of Effective Workplace Mediators, Brian M. Barry Dr, Margaret Bouchier, Alec Coakley, Deirdre Curran Dr, James Dillon, Cyril Joyce, Treasa Kenny, Oksana Kokaylo, Louisa Meehan, Genevieve Murray

Reports

This report outlines what is currently known about workplace mediation: its benefits, styles and strategies, its expected outcomes and training challenges. It also identifies an urgent requirement for Irish research in light of the increased promotion of mediation at state level in Ireland. It outlines some international experiences of the difficulties faced in balancing high quality accreditation and regulation with innovation and growth.


Shaping The Agenda 2: Implications For Workplace Mediation Training, Standards And Practice In Ireland, Brian M. Barry Dr, Margaret Bouchier, Alec Coakley, Deirdre Curran Dr, James Dillon, Cyril Joyce, Treasa Kenny, Oksana Meehan, Louisa Meehan, Genevieve Murray Sep 2016

Shaping The Agenda 2: Implications For Workplace Mediation Training, Standards And Practice In Ireland, Brian M. Barry Dr, Margaret Bouchier, Alec Coakley, Deirdre Curran Dr, James Dillon, Cyril Joyce, Treasa Kenny, Oksana Meehan, Louisa Meehan, Genevieve Murray

Reports

The Report and its sister report, Shaping the Agenda 1, give a fascinating insight into the world of workplace mediation in Ireland and abroad. It identifies key issues in relation to mediator skills, competencies and behaviours in this sector of mediation. Of enormous significance is the application of this research to the Irish context and specifically to the setting and maintenance of standards of training and practice in relation to workplace mediation. This work has put the MII, as the professional association for mediators in Ireland, in a position to build standards and policies on solid, detailed and considered research ...


Sports, Inc. Volume 8, Issue 2, Ilr Cornell Sports Business Society Apr 2016

Sports, Inc. Volume 8, Issue 2, Ilr Cornell Sports Business Society

Sports, Inc.

The ILR Cornell Sports Business Society magazine is a semester publication titled Sports, Inc. This publication serves as a space for our membership to publish and feature in-depth research and well-thought out ideas to advance the world of sport. The magazine can be found in the Office of Student Services and is distributed to alumni who come visit us on campus. Issues are reproduced here with permission of the ILR Cornell Sports Business Society.


Justice Or Just Between Us? Empirical Evidence Of The Trade-Off Between Procedural And Interactional Justice In Workplace Dispute Resolution, Zev Eigen, Adam Seth Litwin Jan 2016

Justice Or Just Between Us? Empirical Evidence Of The Trade-Off Between Procedural And Interactional Justice In Workplace Dispute Resolution, Zev Eigen, Adam Seth Litwin

Adam Seth Litwin

In this article, the authors examine the relationship between an employer’s implementation of a typical dispute resolution system (DRS) and organizational justice, perceived compliance with the law, and organizational commitment. They draw on unique data from a single, geographically expansive, U.S. firm with more than 100,000 employees in more than 1,000 locations. Holding all time-constant, location-level variables in place, they find that the introduction of a DRS is associated with elevated perceptions of interactional justice but diminished perceptions of procedural justice. They also find no discernible effect on organizational commitment, but a significant boost to perceived ...


The Nlra Defamation Defense: Doomed Dinosaur Or Diamond In The Rough, Kati Griffith Jan 2016

The Nlra Defamation Defense: Doomed Dinosaur Or Diamond In The Rough, Kati Griffith

Kati Griffith

[Excerpt] This Article explores an underappreciated and promising NLRA protection of collective activity. It elaborates the NLRA’s role as a defense in state defamation cases. Specifically, this Article explains how the “NLRA defamation defense” frees defendants from some forms of defamation liability when the allegedly defamatory statements are made during labor disputes. The defense has no effect on defamation liability in what this Article refers to as “more egregious” state defamation law cases. However, the defense forecloses liability in “less egregious” state defamation law cases. It makes it harder for defamation plaintiffs to win their cases because it requires ...


Saturns And Rickshaws Revisited: What Kind Of Employment Arbitration System Has Developed?, Alexander Colvin, Kell Pike Jan 2016

Saturns And Rickshaws Revisited: What Kind Of Employment Arbitration System Has Developed?, Alexander Colvin, Kell Pike

Alexander Colvin

[Excerpt] In this article, we examine a new, more detailed dataset of employment arbitration cases administered by the American Arbitration Association (AAA), which includes information on many important aspects of these cases that are not included in the California Code of Civil Procedure disclosure requirements. With the availability of this new data, we are able to revisit Estreicher's argument and look at the question of whether employment arbitration has become a new Saturn system of justice providing better access to employees and to what degree it is different from the Cadillac-Rickshaw system of justice in employment litigation. We begin ...


Comparing Mandatory Arbitration And Litigation: Access, Process, And Outcomes, Alexander Colvin, Mark D. Gough Nov 2015

Comparing Mandatory Arbitration And Litigation: Access, Process, And Outcomes, Alexander Colvin, Mark D. Gough

Alexander Colvin

[Excerpt] What do we know about mandatory arbitration and its impact? Some existing studies have examined samples of employment arbitration cases, usually obtained from the American Arbitration Association (AAA), which is currently the largest arbitration service provider in the employment area. Although some early studies found relatively high employee win rates and damage awards in arbitration, comparable to those in litigation, these results were mainly based on arbitration under individually negotiated agreements or in the securities industry and involved relatively highly paid individuals. More recent studies using larger samples of cases based on mandatory arbitration agreements find much lower employee ...


Individual Employment Rights Arbitration In The United States: Actors And Outcomes, Alexander Colvin, Mark Gough Nov 2015

Individual Employment Rights Arbitration In The United States: Actors And Outcomes, Alexander Colvin, Mark Gough

Alexander Colvin

The authors examine disposition statistics from employment arbitration cases administered over an 11-year period by the American Arbitration Association (AAA) to investigate the process of dispute resolution in this new institution of employment relations. They investigate the predictors of settlement before the arbitration hearing and then estimate models for the likelihood of employee wins and damage amounts for the 2,802 cases that resulted in an award. Their findings show that larger-scale employers who are involved in more arbitration cases tend to have higher win rates and have lower damage awards made against them. This study also provides evidence of ...


Individual Employment Rights Arbitration In The United States: Actors And Outcomes, Alexander Colvin, Mark D. Gough Oct 2015

Individual Employment Rights Arbitration In The United States: Actors And Outcomes, Alexander Colvin, Mark D. Gough

Articles and Chapters

The authors examine disposition statistics from employment arbitration cases administered over an 11-year period by the American Arbitration Association (AAA) to investigate the process of dispute resolution in this new institution of employment relations. They investigate the predictors of settlement before the arbitration hearing and then estimate models for the likelihood of employee wins and damage amounts for the 2,802 cases that resulted in an award. Their findings show that larger-scale employers who are involved in more arbitration cases tend to have higher win rates and have lower damage awards made against them. This study also provides evidence of ...


Sports, Inc. Volume 8, Issue 1, Ilr Cornell Sports Business Society Oct 2015

Sports, Inc. Volume 8, Issue 1, Ilr Cornell Sports Business Society

Sports, Inc.

The ILR Cornell Sports Business Society magazine is a semester publication titled Sports, Inc. This publication serves as a space for our membership to publish and feature in-depth research and well-thought out ideas to advance the world of sport. The magazine can be found in the Office of Student Services and is distributed to alumni who come visit us on campus. Issues are reproduced here with permission of the ILR Cornell Sports Business Society.


Understanding Adr, Jacqueline Yonover Jan 2015

Understanding Adr, Jacqueline Yonover

Cornell HR Review

[Excerpt] This essay provides a concrete understanding of Alternative Dispute Resolution (ADR) by analyzing Owen Fiss’ article Against Settlement. Additionally, this essay provides insight regarding the role that the Human Resources (HR) function plays in the context of the dispute resolution process. Part I begins by introducing the concept of ADR. Part II provides an overview of Fiss’ overarching argument presented in Against Settlement. Part III expands on Part II by discussing the three components that make up Fiss’ argument. Part IV concludes by addressing the importance of understanding conflict management and dispute resolution from the perspective of HR professionals.


Newsroom: Yelnosky On Firefighters Decision, Roger Williams University School Of Law Jan 2015

Newsroom: Yelnosky On Firefighters Decision, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Employment Arbitration In The Securities Industry: Lessons From Recent Empirical Research, J. Ryan Lamare Jan 2015

Employment Arbitration In The Securities Industry: Lessons From Recent Empirical Research, J. Ryan Lamare

Articles and Chapters

In this Article, we use evidence gathered from employment arbitration cases arising in the securities industry to address several research questions that emanate from the debate over the arbitration of employment disputes. We empirically answer the following questions: (1) Are critics correct in asserting that employment arbitration favors repeat players? (2) Do employees fare better under voluntary arbitration than they do under mandatory arbitration? (3) Are employees who allege violations of their civil rights, through the filing of discrimination charges, treated differently from those filing other types of claims? (4) Does the gender of the parties involved in the arbitration ...