Adr In The Workplace

by Cooper, Laura J.

• ISBN13: 9780314147653
• ISBN10: 0314147659
• Edition: 2nd
• Format: Hardcover
• Copyright: 2005-02-28
• Publisher: West Group

Summary

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, have been extensively updated to reflect the rapidly-developing law and practice. The book is appropriate for courses in labor arbitration as well as for courses more broadly addressing workplace dispute resolution. An accompanying book for professors, Workplace ADR Simulations and Teacher?s Guide, offers role-playing simulations of arbitration and mediation of union and nonunion disputes, giving students the opportunity to learn new advocacy skills and assess, though experience, the utility of different processes.