The AAA Handbook on Employment Arbitration and ADR assembles from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - and other sources the latest thinking on arbitration and dispute resolution. All chapters, where necessary, have been revised and updated by the authors to insure that they represent the most current developments in law and practice. The Handbook on Employment Arbitration and ADR is a succinct, comprehensive and a practical introduction to the use of arbitration and dispute resolution, written by leading practitioners and scholars, it provides essential orientation and is a "must" for anyone with an interest in the field.
The Handbook on Employment Arbitration and ADR brings to the arbitration and dispute resolution professional the latest thinking on arbitration and ADR from world-renowned specialists in the field. Created from selected articles, the chapters in this work were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and dispute resolution practice. All the major facets of the field are addressed. The chapters provide the reader with comprehensive and accurate information, lucid evaluations, and useful practical guidance. They not only acquaint, but also ground the reader in the field.
TABLE OF CONTENTS
PART I: Introduction to Employment ADR
Chapter 1
An Empirical Study of Dispute Resolution Mechanisms:
Where Do Plaintiffs Better Vindicate Their Rights?
Michael Delikat and Morris M. Kleiner
Chapter 2
Rethinking Employment Law Strategies: Part 1
Paul Peter Nicolai
Chapter 3
Rethinking Employment Law Strategies: Part 2
Paul Peter Nicolai
Chapter 4
Assessing Workplace Conflict Resolution Options
Kirk Blackard
Chapter 5
In the Eye of the Beholder: Using Perceptual
Errors to Resolve Employment Disputes
Melissa Janis
Chapter 6
An Analysis of Factors Present in Challenged and Vacated
Labor and Employment Arbitration Awards
Michael Jedel, Helen Lavan and Robert Perkovich
PART II: Developing an Employment ADR Program
Chapter 7
So Your Company Wants to Implement an Employment
Arbitration Program: A Step-by-Step Guide
David M. Benck
Chapter 8
Ensuring that the Program Succeeds:
Employment ADR How To's
Bill Minick
Chapter 9
Marketing an Employment ADR Program
Mary S. Elcano and Cynthia J. Hallberlin
Chapter 10
Of Words and Contracts: Arbitration and Lexicology
David A. Dilts
Chapter 11
ADR: The Halliburton Experience
William L. Bedman
Chapter 12
How to Make the Most of the Employment ADR Process
Kirk Blackard
Chapter 13
Coaching Through Conflict
James H. Keil
Chapter 14
Is Interest-Based Bargaining Really New?
Ira B. Lobel
PART III: Mediating Statutory Employment Issues
Chapter 15
Ten Tips to Improve Employment Mediation
Rosemary Townley
Chapter 16
Respect in Mediation: A Counter to Disrespect in the Workplace
Vivian Berger
Chapter 17
The Mediation of Workplace Discrimination and
Workplace Bullying Disputes: A Fresh Look at the
Potential Utility of Directed Participation In Mediation
Lamont E. Stallworth and Larry Rute
Chapter 18
How Interest-Based, Grievance Mediation Performs Over
The Long Term
Stephen B. Goldberg
Chapter 19
Addressing Race & Cultural Conflict in
Employment Mediation
Johnnie Scott, Jr.
Chapter 20
Resolving Sexual Harassment Disputes in the Workplace:
The Central Role of Mediation in an Employment Contract
Carrie Bond
Chapter 21
Overcoming Barriers to EEO/Mediation Employment and
The Potential Utility of Private Tolling Agreements:
An Empirical Examination
Lamont E. Stallworth and Arup Varma
Chapter 22
Mediating Employment Disputes under the Disabilities Act
Samuel H. DeShazer and Judy Cohen
Chapter 23
The Quest for Finality in Airline Disputes:
A Case for Arb-Med
Arnold M. Zack
PART IV: Employment Arbitration
Chapter 24
Why Arbitration is Tailor Made for Professional Firms
Edward E. Shumaker III
Chapter 25
Saturns for Rickshaws: Why Predispute Employment
Arbitration Should Be Preserved
Samuel Estreicher
Chapter 26
Legal Developments in the Arbitration
of Employment Claims
Andrew W. Volin
Chapter 27
Seniority Clauses: An End Run Around Just Cause?
Clarence R. Deitsch
Chapter 28
The Arbitration of Weight Discrimination Grievances
Benjamin Wolkinson and Mark Roehling
Chapter 29
Contracts of Employment: The Scope of the FAA's Exclusion
Alfred G. Feliu
Chapter 30
Allocating Costs in Employment Arbitration
Stephen K. Huber and Susan C. Zuckerman
PART V: The Mandatory Arbitration Controversy
Chapter 31
The Debate Over Mandatory Arbitration in
Employment Disputes
Andrea Fitz
Chapter 32
Mandatory Arbitration versus Employment
Litigation
Evan J. Spelfogel
Chapter 33
Arbitration Agreements Are an Effective
Alternative to Employment Litigation
Martin J. Oppenheimer and Cameron Johnstone
Chapter 34
The Employee's Perspective: Mandatory Binding Arbitration Constitutes
Little More Than a Waiver of a Worker’s Rights
Joseph D. Garrison
Chapter 35
How Effective is an Apology in Resolving Workplace Bullying Disputes?
An Empirical Research Note
Suzy Fox and Lamont E. Stallworth
PART VI: Arbitrating Statutory Employment Claims
Chapter 36
Practical Concerns Affecting the
Arbitration of Statutory Claims
H. David Kelly, Jr.
Chapter 37
The Reconciliation of Work-Family Conflicts in Arbitration
Benjamin Wolkinson and Russell Ormiston
Chapter 38
Motherhood: Arbitral Thought on Employment Discrimination
Based on Marriage and Pregnancy
David A. Dilts and Hedayeh Samavati
Chapter 39
What the Courts Say About Mandatory
Arbitration Under Title VII Claims
Stuart L. Bass
Index
The American Arbitration Association (AAA), with its long history and experience in the field of alternative dispute resolution, provides services to individuals and organizations who wish to resolve conflicts out of court. The AAA, with a caseload of over 200,000 disputes administered, is the nation's largest full-service ADR provider.
