Originally from:
AAA Handbook on Employment Arbitration and ADR - 2nd Edition - Hardcover
AAA Handbook on Employment Arbitration and ADR - 2nd Edition - Electronic
Preview Page - CHAPTER 7
ENSURING THAT THE PROGRAM SUCCEEDS:
EMPLOYMENT ADR HOW TO’S
Bill Minick*
I. Introduction
You’re an employer and you’re concerned. The more you read about
multimillion-dollar jury awards to disgruntled employees, the more
vulnerable you feel. But it has come to your attention that some
employers are managing this risk by requiring employees to arbitrate all employment disputes, and that most courts are enforcing these alternative dispute resolution (ADR) programs and throwing employee lawsuits out of the courthouse.
This sounds like something you’d like to do, but you’re not sure how
to put such a program in place. And you’re also concerned about the reaction of your employees.
The following chapter outlines the steps to follow to implement an
effective employment dispute resolution program.
II. Provide a Multi-step Process
Programs that focus solely on arbitration of employment claims often
miss the boat. An effective ADR program will include both internal
procedures—those which take place within the company itself—and
external procedures, such as arbitration. Common program steps include:
Bill Minick is a principal with PartnerSource, Inc., a human resource-consulting firm based in Dallas, which has implemented employment arbitration programs nationwide. Mr. Minick holds a J.D. from the Pepperdine University School of Law and a L.L.M. from the Southern Methodist University School of Law. He is the author of numerous articles in professional journals.
