Mediation is often thought of as a last step to adjudicate disputes. In this article, professor Lawrence Susskind spells out the hidden advantages of using mediation early in the process to solve problems and reach voluntary compliance agreements. … Read More
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What is an Arbitration Agreement?
In the employment arena and beyond, an arbitration agreement is typically a contractual promise between parties that if any dispute arises between them while they are under contract, they will waive their right to sue and instead settle the matter through arbitration.
Seeking to avoid the costs of a protracted lawsuit, organizations sometimes require their employees to sign an agreement to arbitrate. In a 2018 Economic Policy Institute report, Alexander J.S. Colvin estimated that at least 55% of nonunion, private-sector U.S. employees—approximately 60 million—have signed an agreement to arbitrate that prevents them from suing if their legal rights are violated. For companies with more than 1,000 employees, about 65% mandate arbitration.
When employees sign such agreements, they typically lose the ability to sue employers for alleged violations of federal and state statutes regarding employment discrimination and sexual harassment, disability protections, maternity- and medical-leave guarantees, and entitlements to minimum wages and overtime, writes Colvin. In 1991, the U.S. Supreme Court upheld the enforceability of mandatory employment arbitration agreements and, in 2011, enabled employers to shield themselves from employees’ class-action lawsuits as well.
The following items are tagged arbitration agreement:
3 Types of Conflict and How to Address Them
In the workplace, it sometimes seems as if conflict is always with us. Miss a deadline, and you are likely to face conflict with your boss. Lash out at a colleague who you feel continually undermines you, and you’ll end up in conflict. And if you disagree with a fellow manager about whether to represent … Read 3 Types of Conflict and How to Address Them
Alternative Dispute Resolution (ADR) Training: Mediation Curriculum
In 2009, we collected many types of curriculum materials from teachers and trainers who attended the Mediation Pedagogy Conference. We received general materials about classes on Alternative Dispute Resolution (ADR) as well as highly specific and idiosyncratic units like Conflict Resolution through Literature: Romeo and Juliet and a negotiating training package for female managers … Read More
What is an Arbitration Agreement?
If you have ever owned a cell phone or been issued a credit card, odds are you’ve signed an arbitration agreement. You also may have signed an arbitration agreement when you started your current job or a past one, whether you remember doing so or not. … Read What is an Arbitration Agreement?
Dispute Resolution: Mandatory Arbitration Agreements Under Fire
A shake-up is afoot regarding large companies’ use of mandatory arbitration to settle disputes with consumers. … Read More