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Employment Arbitration Agreements: The Case For Ethical Standards For Dispute Resolution System Designers, Michael L. Russell
Employment Arbitration Agreements: The Case For Ethical Standards For Dispute Resolution System Designers, Michael L. Russell
Pepperdine Dispute Resolution Law Journal
Dispute resolution design is an emerging field, both academically and professionally. Attorneys, mediators, and arbitrators, the other roles in the alternative dispute resolution process, have codes of ethics which guide their conduct. Dispute resolution designers, however, have no such guidelines. This article uses the example of mandatory arbitration agreements in the employment context to illustrate why this lack of ethical guidelines for dispute resolutions designers is problematic. In recent years, mandatory arbitration agreements significantly impacted employment law and litigation. The two most problematic provisions that often appear in mandatory arbitration agreements in the workplace context are cost sharing provisions and …
Last Chance Agreements: How Many Chances Is An Employee Entitled To, Kathleen Birkhofer
Last Chance Agreements: How Many Chances Is An Employee Entitled To, Kathleen Birkhofer
Journal of Dispute Resolution
Over the years, a large number of cases involving labor issues have gone to arbitration. Of these labor cases, a distinct sub-category are those governed by the Railway Labor Act (RLA). In labor cases, including those governed by the RLA, the Supreme Court has repeatedly reaffirmed the strong federal policy in favor of arbitration. Furthermore, courts have consistently held that great deference must be shown toward the arbitrator when reviewing an arbitration award. However, there are still issues that arise as to just how much deference should be afforded to an arbitrator's decision and when a court can overturn an …
Pre-Dispute Mandatory Arbitration Agreements And Title Vii: Promoting Efficiency While Protecting Employee Rights - Eeoc V. Luce, Forward, Hamilton & (And) Scripps, Steven S. Poindexter
Pre-Dispute Mandatory Arbitration Agreements And Title Vii: Promoting Efficiency While Protecting Employee Rights - Eeoc V. Luce, Forward, Hamilton & (And) Scripps, Steven S. Poindexter
Journal of Dispute Resolution
While the United States Supreme Court has repeatedly held that claims based on statutory rights may be vindicated by arbitration, the Court has yet to determine the validity of a pre-dispute mandatory arbitration agreement ("MAA") that covers Title VII of the Civil Rights Act of 1964 ("Title VII"). The United States Court of Appeals for the Ninth Circuit, contrary to every other district court of appeals to have considered the matter, has held that Title VII claims may not be subjected to arbitration under an MAA. The instant case once again addresses the question of whether the Ninth Circuit will …