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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Editorial Reviews
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“...the book will interest practitioners and union activists. They will find much of value in its detailed case studies of ADR adapters (Federal Express, Rockwell, Continental Airlines, etc.), and its array of model ADR language....As it is initiated, designed, and financed by employers, many of whom ask their employees to thereafter sign away their right to litigate, ADR is likely to grow in significance and controversy. This well-written volume is a fine overview of the matter.”–Labor Studies Journal
About the Author
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.
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.
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Inside This Book
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First Sentence:
"While this text will address all types of alternative dispute resolution (ADR), we begin by discussing the hottest topic faced by executives, human resource professionals, and their attorneys today: a complaint resolution procedure that results in binding " Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
employment law disputes, legal consultation plan, employment law litigation, telephone testimony, arbitrator deems, dispute resolution rules, binding arbitration procedure, answering statement, dispute resolution program, arbitration model, employment disputes, courtroom litigation, employment litigation, arbitration policy, rules recommend, legally protected right, aggrieved employee, mediation rules, arbitration pursuant, workplace disputes, neutral arbitrator, amended from time Key Phrases - Capitalized Phrases (CAPs): (learn more)
Travelers Group, New York, American Arbitration Association, Federal Rules of Civil Procedure, Code Ann, Daily Labor Report, Ninth Circuit, Smith Barney, Americans With Disabilities Act, Code Section, American Express, Shearson Lehman Hutton, Federal Arbitration Act, Federal Express, Fourth Circuit, Labor Law Journal, National Law Journal, Appeals Board, Board of Review, Dean Witter Reynolds, Federal Rules of Evidence, Guaranteed Fair Treatment Procedure, Johnson Lane Corp, Lutheran Brotherhood, Option Four New!
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Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
"While this text will address all types of alternative dispute resolution (ADR), we begin by discussing the hottest topic faced by executives, human resource professionals, and their attorneys today: a complaint resolution procedure that results in binding " Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
employment law disputes, legal consultation plan, employment law litigation, telephone testimony, arbitrator deems, dispute resolution rules, binding arbitration procedure, answering statement, dispute resolution program, arbitration model, employment disputes, courtroom litigation, employment litigation, arbitration policy, rules recommend, legally protected right, aggrieved employee, mediation rules, arbitration pursuant, workplace disputes, neutral arbitrator, amended from time Key Phrases - Capitalized Phrases (CAPs): (learn more)
Travelers Group, New York, American Arbitration Association, Federal Rules of Civil Procedure, Code Ann, Daily Labor Report, Ninth Circuit, Smith Barney, Americans With Disabilities Act, Code Section, American Express, Shearson Lehman Hutton, Federal Arbitration Act, Federal Express, Fourth Circuit, Labor Law Journal, National Law Journal, Appeals Board, Board of Review, Dean Witter Reynolds, Federal Rules of Evidence, Guaranteed Fair Treatment Procedure, Johnson Lane Corp, Lutheran Brotherhood, Option Four New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
Citations (learn more)
This book cites 20
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- Civil Procedure by EZ Rules on 8 pages
- Chain of Command on 4 pages
- Chain of Command by William A. Brown on 4 pages
- Smith Barney by Vault Reports on page 10, page 12, and page 42
- Americans With Disabilities (The Annals of the American Academy of Political & Social Science Series Vol 549) by Willia Johnson on page 14, and page 42
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