Synopses & Reviews
Something is wrong with the current process of resolving workplace disputes. With over 125 million U.S. workers now covered by an ever-expanding array of employment statutes, our civil courts and regulatory agencies are overwhelmed by case loads they were never meant to accommodate. And for the average worker, chances for a fair, affordable, and prompt redress of grievances become more remote with every petition filed. There is a promising solution, however, and it is found in the emerging practice of alternative dispute resolution (ADR).In this, the most comprehensive work of its kind, two giants in the field advocate the adoption of ADR as a way of greatly reducing demands placed on our judicial system while offering claimants a more equitable procedure for resolving workplace disputes. Indeed, Dunlop and Zack's own historic work in establishing due process arbitration standards has helped to transform mediation and arbitration into a viable alternative to litigation?a transformation filled with enormous implications for the future.Here, readers will examine arbitration's emergence as a force in employment law, consider its current status, and explore its possibilities far beyond the employment field. They will become familiar with the issues of due process protection, consider the positive use of mediation, and discover how regulatory agencies, by embracing ADR, have cut their backlogs, reduced their personnel and enforcement costs, and brought speedier and more equitable statutory enforcement to a broader spectrum of the workforce than could otherwise gain access to such protection. Moreover, they will learn the steps they must take to institute ADR as a matter of routine practice.A call for justice and a plan for action, Mediation and Arbitration of Employment Disputes seeks to provide millions of workers with a more equitable forum for securing their rights, and offers a nation embroiled in litigation a more sensible system for resolving its differences
Review
?This book offers a road map to dramatically reduce workplace conflict and legal costs. ADR is a revolutionary trAnd that offers the potential for resolving disputes in a fair and reasonable manner, at tremAndous savings to everyone involved. On behalf of consumers, businesses, and ordinary Americans trapped in a liability logjam, bravo Dunlop and Zack!? (Jerry J. Jasinowski, president, National Association of Manufacturers)
?Dunlop and Zack's book is the most thorough and comprehensive review written to date of the arbitration of disputes in the nonunion workplace, public and private. It should be required reading for arbitrators, judges, practitioners, academics, administrators, and others who are genuinely interested in this rapidly developing field.? (Max Zimny, general counsel, UNITE)
?John Dunlop and Arnold Zack will be remembered as pillars of integrity whose commitment to justice helped save the good name of arbitration from those who sought to misuse and abuse it to their advantage. Their recognition that true voluntariness is an indispensable component of a fair arbitration process helped change the course of history.? (Cliff Palefsky, chair, Employment Lawyers Association Task Force on Compulsory Arbitration)
?Throughout the country, people are looking for new, imaginative ways to settle disputes without incurring the heavy costs and long delays of going to court. Informed by decades of experience, John Dunlop and Arnold Zack offer a clear blueprint for avoiding litigation in the workplace. To all those struggling to achieve a better, swifter system of justice for employees, this book should be an invaluable guide.?, (Derek Bok, president emeritus, Harvard University)
Synopsis
A solid framework for developing fair, inexpensive, and expedient alternative dispute resolution (ADR) systems -- a viable means of settling employment disputes out of court.
Synopsis
A Guide for Policy and PracticeThis book offers a road map to dramatically reduce workplace conflict and legal costs. ADR is a revolutionary trAnd that offers the potential for resolving disputes in a fair and reasonable manner, at tremAndous savings to everyone involved. On behalf of consumers, businesses, and ordinary Americans trapped in a liability logjam, bravo Dunlop and Zack!
--Jerry J. Jasinowski, president, National Association of Manufacturers
For many employers and employees alike, alternative dispute resolution (ADR) offers clear advantage over recourse to a legal system compromised by staggering case loads, Andless appeals, and high litigation costs. Indeed, ADR may prove the best hope for the equitable, affordable, and expeditious adjudication of employment dispute claims. Now, two of the people most responsible for the adoption of due process arbitration standards--standards that finally gave ADR real teeth--take a comprehensive look at due process arbitration in practice and offer policy guidelines, as well as an action plan for establishing mediation and arbitration as the cornerstones of any dispute resolution system.
Synopsis
For many employers and employees alike, alternative dispute resolution (ADR) offers clear advantage over recourse to a legal system compromised by staggering caseloads, Andless appeals, and high litigation costs. Indeed, ADR may prove the best hope for the equitable, affordable, and expeditious adjudication of employment dispute claims. Now, two of the people most responsible for the adoption of due process arbitration standards?standards that finally gave ADR real teeth?take a comprehensive look at due process arbitration in practice and offer policy guidelines, as well as an action plan, for establishing mediation and arbitration as the cornerstones of any dispute resolution system.
Description
Includes bibliographical references (p. 193-215) and index.
About the Author
JOHN T. DUNLOP is Lamont University Professor Emeritus at Harvard University, where he also served as chairman of the Department of Economics and dean of the Faculty of Arts and Sciences. His career includes appointments as director of the Cost of Living Council, Secretary of Labor, chair of the Pay Advisory Committee and chair of the Commission on the Future of Worker-Management Relations (the ?Dunlop Commission?). Dunlop has published numerous books on economics, industrial relations, and dispute resolution. ARNOLD M. ZACK is a full-time arbitrator and mediator of labor-management disputes and former president of the National Academy of Arbitrators. An initiator of the Protocol, Zack has been teaching alternative dispute resolution at Yale Law School and at the Harvard Trade Union Program. Since 1993, he has served as the chairman of Bermuda's Essential Industries Dispute Settlement Board and has helped develop dispute settlement machinery in a number of countries including Australia, Greece, South Africa, and Spain. He also has published a number of works on arbitration, mediation, and other labor issues.
Table of Contents
Preface: Toward a Fair, Affordable, and Expeditions Procedure for Employment Conflict Resolution.
The Authors.
The Rise of Labor-Management Dispute Resolution.
Labor-Management Arbitration as the Framework for Employment Law Dispute Resolution.
The Emergence of Alternative Dispute Resolution.
The Current State of Employment Law Arbitration.
Employment Law Dispute Settlement Programs Developed by Private Business.
Elements of Due Process Protection.
Alternative Dispute Resolution in Government Agencies.
A Case Study in System Design: The Massachusetts Comminsion Against Discrimination.
The Future of Employment Law Dispute Resolution.
Appendix A: List of Acronyms.
Appendix B: The Protocol: Due Process Protocol for Mediation and Abitration of Statutory Disputes Arising Out of the Employment Relationship.
Appendix C: Massachusetts Commision Against Discrimination Policy 96-1: Policy on Alternative Dispute Resolution.
Notes.
Index.