Mediation and Arbitration of Employment Disputes

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Author :
Publisher : Jossey-Bass
ISBN 13 : 9780787908478
Total Pages : 0 pages
Book Rating : 4.9/5 (84 download)

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Book Synopsis Mediation and Arbitration of Employment Disputes by : John T. Dunlop

Download or read book Mediation and Arbitration of Employment Disputes written by John T. Dunlop and published by Jossey-Bass. This book was released on 1997-09-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Guide for Policy and Practice 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 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.

Employment Arbitration - 2nd Edition

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Author :
Publisher : Juris Publishing, Inc.
ISBN 13 : 1929446667
Total Pages : 564 pages
Book Rating : 4.9/5 (294 download)

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Book Synopsis Employment Arbitration - 2nd Edition by : Thomas E. Carbonneau

Download or read book Employment Arbitration - 2nd Edition written by Thomas E. Carbonneau and published by Juris Publishing, Inc.. This book was released on 2006-06-01 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employment Arbitration provides practical commentary and analysis in the area of employment arbitration, for both the novice and the seasoned practitioner. It contains a comprehensive overview of the major developments in this emerging field and it supplies the reader with analysis, perspective, and commentary. The cases selected for presentation and analysis are the most significant decided to date. The case summaries are comprehensive, cogent, and objectively rendered. In addition, they contain critical evaluations which can be of use in developing litigation strategy or advising clients on business practices. The volume also describes and assesses political developments - proposed legislation and lobbying efforts - that address or which could affect this new use of arbitration. Employment Arbitrationemphasizes a number of issues that are particularly controversial in the area: the enforceability of employer-imposed arbitration agreements, the award of attorney’s fees and punitive damages, and the review of arbitral determinations on civil rights claims. Finally, the volume provides the reader with model employment arbitration agreements that are accompanied by extensive commentary and explanations.

Employment Arbitration Agreements

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Author :
Publisher :
ISBN 13 :
Total Pages : 360 pages
Book Rating : 4.E/5 ( download)

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Book Synopsis Employment Arbitration Agreements by : Littler Mendelson

Download or read book Employment Arbitration Agreements written by Littler Mendelson and published by . This book was released on 2008-10 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employment Arbitration Agreements: A Practical Guide is the one source that will immediately enable you to: Be confident that your employment arbitration agreements are valid and enforceable in all states Stay fully apprised of ever-changing laws and

Labor and Employment Arbitration

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Author :
Publisher :
ISBN 13 : 9780820514437
Total Pages : pages
Book Rating : 4.5/5 (144 download)

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Book Synopsis Labor and Employment Arbitration by : Tim Bornstein

Download or read book Labor and Employment Arbitration written by Tim Bornstein and published by . This book was released on 1997-03-06 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The new Second Edition of Labor & Employment Arbitration is an indispensable guide to all aspects of labor & employment arbitration. Substantially revised to give greater in-depth coverage & with contributions from experts in the field, this authoritative treatise provides: Also available on Authority Employment Law Library CD-ROM.

ADR in the Workplace

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Author :
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 984 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis ADR in the Workplace by : Laura J. Cooper

Download or read book ADR in the Workplace written by Laura J. Cooper and published by West Academic Publishing. This book was released on 2005 with total page 984 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration, mediation, and other forms of alternative dispute resolution now have largely replaced litigation as the means of resolving all kinds of employment disputes in a variety of workplaces. These dispute resolution processes fundamentally alter the advocate s role and even the definition of employee legal rights. Disputes involving unionized workers have been resolved in arbitration for more than fifty years, but increasingly the process is being adapted to address the statutory and common law rights of nonunion employees. Issues such as employment discrimination that earlier would have been litigated are often now resolved in mediation. This textbook uses essays, arbitration awards, and court decisions to bring to the classroom the reality of contemporary workplace decision-making. It comprehensively addresses the substance and procedure for arbitration, mediation, and other dispute resolution mechanisms. The employment arbitration materials, in particular,

Employment Dispute Resolution and Worker Rights in the Changing Workplace

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Author :
Publisher : Cornell University Press
ISBN 13 : 9780913447772
Total Pages : 314 pages
Book Rating : 4.4/5 (477 download)

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Book Synopsis Employment Dispute Resolution and Worker Rights in the Changing Workplace by : Adrienne E. Eaton

Download or read book Employment Dispute Resolution and Worker Rights in the Changing Workplace written by Adrienne E. Eaton and published by Cornell University Press. This book was released on 1999 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Have the speed, informality, and low cost of the grievance and arbitration system deteriorated? Has the system become too adversarial? Has it lost its problem-solving character? This book examines the nature and degree of change in workplace dispute resolution in the context of ongoing changes in work and in labor relations.The volume begins with an editors' introduction that provides context and offers a political perspective on the current state of dispute resolution in the workplace. The chapters that follow contain critiques of the existing legal framework surrounding mandatory arbitration in the nonunion sector and a review of the empirical literature on nonunion dispute resolution. Employment Dispute Resolution and Worker Rights in the Changing Workplace includes sections on grievance mediation, the status of the grievance procedure in workplaces with extensive worker and/or union participation in decision making, and high-performance workplaces. The study concludes with trends in dispute resolution in the public sector and with the alternative dispute resolution system commonly practiced in the unionized construction industry.

Arbitration of Employment Disputes

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Publisher :
ISBN 13 :
Total Pages : 58 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Arbitration of Employment Disputes by : Ross Runkel

Download or read book Arbitration of Employment Disputes written by Ross Runkel and published by . This book was released on 2002 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:

AAA Handbook on Employment Arbitration and ADR

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Author :
Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833548
Total Pages : 560 pages
Book Rating : 4.9/5 (338 download)

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Book Synopsis AAA Handbook on Employment Arbitration and ADR by : American Arbitration Association

Download or read book AAA Handbook on Employment Arbitration and ADR written by American Arbitration Association and published by Juris Publishing, Inc.. This book was released on 2010-12-01 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary , been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. This work begins with a general introduction to employment ADR, discussing such topics as where plaintiffs can better vindicate their rights, general employment law strategies, how to assess workplace disputes and conflicts, and options for resolution. Employers are offered valuable advice on how to implement a successful employment arbitration program, with real-life examples to work from. Mediation of employment conflicts and employment arbitration are explored and a comparison of the two is provided, including with respect to statutory employment conflicts. Topics include respectfulness in the workplace, bullying, racial and cultural conflicts, sexual harassment, Disabilities Act disputes, airline disputes, weight discrimination, and discrimination based on marriage and pregnancy. Lastly, this book takes a look at the U.S. Supreme Court decision 14 Penn Plaza LLC v. Pyett, where the Court clarified and reaffirmed the use of mandatory arbitration for resolution of workplace disputes. The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.

Fundamentals of Labor Arbitration

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Author :
Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833823
Total Pages : 198 pages
Book Rating : 4.9/5 (338 download)

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Book Synopsis Fundamentals of Labor Arbitration by : Jay E. Grenig

Download or read book Fundamentals of Labor Arbitration written by Jay E. Grenig and published by Juris Publishing, Inc.. This book was released on 2011-07-01 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nearly 30 years after its initial publication, the American Arbitration Association’s seminal primer, Labor Arbitration: What You Need to Know, has undergone a complete facelift with the publication of this brand new book. Fundamentals of Labor Arbitration, the first volume in the "AAA/ICDR Dispute Resolution Series," features all new content that is indispensable to advocates, arbitrators, employers, unions, and readers who wish to know more about resolving labor-management ­disputes. Here readers will find a clear introduction to the grievance process and labor arbitration, as well as practical guidance to help users of the process effectively resolve labor-management disputes in the private and public sectors. This book is co-published by the American Arbitration Association and the Cornell University School of Industrial and Labor Relations, Scheinman Institute on Conflict Resolution.

Compulsory Arbitration

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Publisher : Cornell University Press
ISBN 13 : 1501733303
Total Pages : 255 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Compulsory Arbitration by : Richard A. Bales

Download or read book Compulsory Arbitration written by Richard A. Bales and published by Cornell University Press. This book was released on 2019-06-07 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book on a crucial issue in human resource management. In recent years, employers have begun to require, as a condition of employment, that their nonunion employees agree to arbitrate rather than litigate any employment disputes, including claims of discrimination. As the number of employers considering such a requirement soars, so does the fear that compulsory arbitration may eviscerate the statutory rights of employees. Richard A. Bales explains that the advantages of arbitration are clear. Much faster and less expensive than litigation, arbitration provides a forum for the many employees who are shut out of the current litigative system by the cost and by the tremendous backlog of cases. On the other hand, employers could use arbitration abusively. Bales views the current situation as an ongoing experiment. As long as the courts continue to enforce agreements that are fundamentally fair to employees, the experiment will continue. After tracing the history of employment arbitration in the nonunion sector, Bales explains how employment arbitration has actually worked in the securities industry and at Brown & Root, a company with a comprehensive dispute resolution process. He concludes by summarizing the advantages, disadvantages, and policy implications of adopting arbitration as the preeminent method of resolving disputes in the American workforce.

Labor and Employment Arbitration in a Nutshell

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Author :
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 612 pages
Book Rating : 4.:/5 (321 download)

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Book Synopsis Labor and Employment Arbitration in a Nutshell by : Dennis R. Nolan

Download or read book Labor and Employment Arbitration in a Nutshell written by Dennis R. Nolan and published by West Academic Publishing. This book was released on 2007 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labor and employment arbitration law simplified. Authoritative coverage provides a description of the origin, development, and practice of labor arbitration. Text focuses on the fundamentals of the labor arbitration process and explores the major arbitration law issues, their importance, and the conflicting opinions on them.

Arbitration of Employment Disputes

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Author :
Publisher : Center for Human Resources Wharton School University of Penn
ISBN 13 :
Total Pages : 736 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Arbitration of Employment Disputes by : Daniel P. O'Meara

Download or read book Arbitration of Employment Disputes written by Daniel P. O'Meara and published by Center for Human Resources Wharton School University of Penn. This book was released on 2002 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Jurisdiction, Admissibility and Choice of Law in International Arbitration: Liber Amicorum Michael Pryles

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186387
Total Pages : 442 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Jurisdiction, Admissibility and Choice of Law in International Arbitration: Liber Amicorum Michael Pryles by : Neil Kaplan

Download or read book Jurisdiction, Admissibility and Choice of Law in International Arbitration: Liber Amicorum Michael Pryles written by Neil Kaplan and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: The distinguished international lawyer Michael Pryles, who launched a meteoric career as an arbitrator after many years of teaching and writing on conflicts of law and other topics, has made a mark on arbitral law and practice that is recognized worldwide. In this book, over forty prominent arbitrators and arbitration scholars offer insightful essays on the thorny matters of jurisdiction, admissibility and choice of law in arbitration – topics which have long interested Professor Pryles and are of wide interest. Among the specific issues and topics examined are the following: • res judicata; • investment arbitration; • free trade agreements; • party autonomy; • application of provisional measures; • issue estoppel; • evidentiary inferences; • interim measures; • emergency and default proceedings; • the intersection of financing and jurisdiction; • consolidation of cases; and • non-contractual claims. Remarkable for its roster of highly distinguished contributors, this book is the only in-depth treatment of its subject. By turns thought-provoking and practical, it is bound to appeal to and be put to use by arbitrators and other lawyers who handle international cases. It will also prove of great value to global law firms and companies doing transnational business.

International Arbitration and the COVID-19 Revolution

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403528435
Total Pages : 314 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis International Arbitration and the COVID-19 Revolution by : Maxi Scherer

Download or read book International Arbitration and the COVID-19 Revolution written by Maxi Scherer and published by Kluwer Law International B.V.. This book was released on 2020-11-17 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration and the COVID-19 Revolution Edited by Maxi Scherer, Niuscha Bassiri & Mohamed S. Abdel Wahab The impact of the COVID-19 pandemic on all major economic sectors and industries has triggered profound and systemic changes in international arbitration. Moreover, the fact that entire proceedings are now being conducted remotely constitutes so significant a deviation from the norm as to warrant the designation ‘revolution’. This timely book is the first to describe and analyse how the COVID-19 crisis has redefined arbitral practice, with critical appraisal from well-known practitioners of the pandemic’s effects on substantive and procedural aspects from the commencement of proceedings until the enforcement of the award. With practical guidance from a variety of perspectives – legal, practical, and sector-specific – on the conduct of international arbitration during the COVID-19 pandemic and beyond, the chapters present leading practitioners’ insights into the unprecedented and multifaceted issues that arise. They provide expert tips and challenges in such practical matters as the following: preventing and resolving disputes of particular types – construction, energy, aviation, technology, media and telecommunication, finance and insurance; arbitrator appointments; issues of planning, preparation and sample procedural orders; witness preparation and cross-examination; e-signature of arbitral awards; setting aside and enforcement proceedings; and third-party funding. Also included are an empirical survey of users’ views and an overview of how the COVID-19 revolution has affected the arbitration rules of leading arbitral seats. With this timely and practical book, arbitration practitioners and scholars will gain up-to-date knowledge of sector-specific challenges brought about by the COVID-19 pandemic and approach arbitration proceedings with an understanding of the most important legal and practical considerations during the crisis and beyond.

The Role of International Administrative Law at International Organizations

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Author :
Publisher : BRILL
ISBN 13 : 9004441034
Total Pages : 342 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Role of International Administrative Law at International Organizations by :

Download or read book The Role of International Administrative Law at International Organizations written by and published by BRILL. This book was released on 2020-11-04 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Role of International Administrative Law at International Organizations, edited by Peter Quayle, is centred on the law of employment relations at international organizations, and divided into four parts. It examines the interplay between international administrative law and the jurisdictional immunities of international organizations. It explores the principles and practice of resolving employment related disputes at intergovernmental institutions. It considers the dynamic development of international administrative tribunals. It examines international administrative law as the basis for the effectiveness and integrity of international organizations. Together academics, jurists and practitioners portray the employment law that governs the international civil service and the resulting accountability of the United Nations, UN Specialized Agencies, and international financial institutions, like the World Bank and IMF.

Alternative Dispute Resolution in the Employment Arena

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041121846
Total Pages : 1016 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Alternative Dispute Resolution in the Employment Arena by : Samuel Estreicher

Download or read book Alternative Dispute Resolution in the Employment Arena written by Samuel Estreicher and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 1016 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume, which reprints the proceedings of the New York University 53rd Annual Conference on Labour, features work that provides data to answer many of the questions that form the basis of many of the policy arguments. The contributors explore solutions to problems in the American workplace.

Procedure and Evidence in International Arbitration

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041140670
Total Pages : 1408 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Procedure and Evidence in International Arbitration by : Jeffrey Waincymer

Download or read book Procedure and Evidence in International Arbitration written by Jeffrey Waincymer and published by Kluwer Law International B.V.. This book was released on 2012-05-23 with total page 1408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Central to the book’s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthesizing and engaging with the conference literature and differing authors’ views. He identifies criteria that offer a harmonized approach to each stage of the arbitral process, with particular attention to such aspects of international arbitration as: appropriate trade-offs between flexibility and certainty; the rights, duties and powers of arbitrators; appointment and challenge of arbitrators; responses to ‘guerilla’ tactics; drafting of arbitration agreements, including specialty clauses; drafting of required commencement notices and response documents; set-off; fast track arbitration and other efficiency options; strategic use of preliminary conferences and timetabling; online arbitration; multi-party, multi-contract, class arbitration; amicus and third party funders; pre-arbitral referees and interim relief; witness evidence, both factual and expert; documentary evidence, production obligations, and challenges to production; identifying applicable law; and remedies and costs.