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Selected Works

Business

David B Lipsky

Employment Arbitration

Articles 1 - 2 of 2

Full-Text Articles in Law

The Arbitration Of Employment Disputes In The Securities Industry: A Study Of Finra Awards, 1986-2008, David B. Lipsky, Ronald L. Seeber, J. Ryan Lamare Jan 2013

The Arbitration Of Employment Disputes In The Securities Industry: A Study Of Finra Awards, 1986-2008, David B. Lipsky, Ronald L. Seeber, J. Ryan Lamare

David B Lipsky

[Excerpt] This article reports on the results of our recent study of 3,200 arbitration awards issued in employment cases administered under the auspices of FINRA, its predecessor the National Association of Securities Dealers (NASD), and the New York Stock Exchange (NYSE). It responds to Colvin’s call for more empirical research while providing some data on the debate over the fairness of mandatory employment arbitration agreements in the securities industry. After disclosing the limitations of our study and presenting our findings with regard to the FINRA cases, we consider how these findings bear on the debate about mandatory arbitration, specifically whether …


The Conflict Over Conflict Management, David B. Lipsky, Ariel C. Avgar Jan 2013

The Conflict Over Conflict Management, David B. Lipsky, Ariel C. Avgar

David B Lipsky

[Excerpt] In this article we look at the traditional approach to workplace conflict, the evolution of conflict management, criticism of this process by progressive and traditional critics, and then consider whether they can be reconciled by taking what we call a strategic view of conflict management in the workplace. This view calls for an alignment between the goals of the conflict management system and the overarching nature of the organization in which that system is implemented. The management of conflict, according to this approach, should complement the organization’s strategic posture and existing structures. We maintain that the level of fit …