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Vol 24 No 9 Sept/Oct 2019

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AAA Handbook on Employment Arbitration and ADR 3rd ed

ISBN13: 9781937518837
Published: February 2016
Publisher: Juris Publishing
Country of Publication: USA
Format: Hardback
Price: £90.00

Despatched in 11 to 13 days.

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.

Other Jurisdictions , USA

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
Paul Peter Nicolai
Chapter 3: Assessing Workplace Conflict Resolution Options
Kirk Blackard
Chapter 4: In the Eye of the Beholder: Using Perceptual Errors to Resolve Employment Disputes
Melissa Janis
Chapter 5: 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 6: Designing an Internal Organization System for Conflict Management Based on a Needs Assessment
Etty Liberman, Yael Foux Levy, and Peretz Segal
Chapter 7: Ensuring that the Program Succeeds: Employment ADR How To's
Bill Minick
Chapter 8: Marketing an Employment ADR Program
Mary S. Elcano and Cynthia J. Hallberlin
Chapter 9: Of Words and Contracts: Arbitration and Lexicology
David A. Dilts
Chapter 10: How to Make the Most of the Employment ADR Process
Kirk Blackard
Chapter 11: Coaching through Conflict
James H. Keil
Chapter 12: Is Interest-Based Bargaining Really New?
Ira B. Lobel

PART III: Mediating Statutory Employment Issues

Chapter 13: Eleven Tips to Improve Employment Mediation: Valuable Advice for Counsel Representing Employees and Employers
Rosemary A. Townley
Chapter 14: Respect in Mediation: A Counter to Disrespect in the Workplace
Vivian Berger
Chapter 15: How Interest-Based, Grievance Mediation Performs over the Long Term
Stephen B. Goldberg
Chapter 16: Addressing Race and Cultural Conflict in Employment Mediation
Johnnie Scott, Jr.
Chapter 17: Mediating Disability Employment Discrimination Claims
Matthew W. Daus and Jason R. Mischel
Chapter 18: Mediating Class Action Litigation Involving the EEOC: Insights for Employment Mediators and Counsel
Richard D. Fincher
Chapter 19: Mediating Employment Disputes under the Disabilities Act
Samuel H. DeShazer and Judy Cohen
Chapter 20: The Quest for Finality in Airline Disputes: A Case for Arb-Med
Arnold M. Zack

PART IV: Employment Arbitration

Chapter 21: Why Arbitration Is Tailor Made for Professional Firms
Edward E. Shumaker III
Chapter 22: Legal Developments in the Arbitration of Employment Claims
Andrew W. Volin
Chapter 23 : Streamlining the Employment Arbitration Process: How to Save Time and Money
Claudia Orr
Chapter 24: Seniority Clauses: An End Run around Just Cause?
Clarence R. Deitsch
Chapter 25: The Arbitration of Weight Discrimination Grievances
Benjamin Wolkinson and Mark Roehling
Chapter 26: Contracts of Employment: The Scope of the FAA's Exclusion
Alfred G. Feliu and Sara Sheinkin Kula
Chapter 27: Allocating Costs in Employment Arbitration
Stephen K. Huber and Susan C. Zuckerman
Chapter 28: When Worlds Collide: An Arbitrator's Guide to Social Networking Issues in Labor and Employment Cases
Robert L. Arrington, Aaron Duffy, and Elizabeth Rita

PART V: The Mandatory Arbitration Controversy

Chapter 29: Mandatory Arbitration vs. Employment Litigation
Evan J. Spelfogel
Chapter 30: The Employee's Perspective: Mandatory Binding Arbitration Constitutes Little More Than a Waiver of a Worker's Rights
Joseph D. Garrison

PART VI: Arbitrating Statutory Employment Claims

Chapter 31: Practical Concerns Affecting the Arbitration of Statutory Claims
H. David Kelly, Jr.
Chapter 32: Motherhood: Arbitral Thought on Employment Discrimination Based on Marriage and Pregnancy
David A. Dilts and Hedayeh Samavati