Bogomtale fra forlaget.
On the strength of the landmark
1991Gilmer decision of the U.S. Supreme Court which set a precedent
precluding employees from litigation against their employers if they had signed
a pre-dispute mandatory arbitration agreement many U.S. companies have developed
mandatory alternative dispute resolution (ADR) policies for employees. However,
the issue is far from settled. A major segment of the U.S. labor and employment
law community, including the powerful Equal Employment Opportunity Commission
(EEOC) and numerous high-profile academics, contend that such agreements are
unenforceable, and indeed should be unenforceable as a matter of policy.
This controversy was the theme of New York University s 53rd Annual
Conference on Labor. This long-standing, influential conference is the premier
forum for bringing together legal practitioners, academics and researchers,
government officials, representatives of companies and labor unions, and human
resources specialists to explore solutions to problems in the American
workplace. The Conference has recently been brought under the umbrella of the
Center for Labor and Employment Law at the New York University School of Law,
chaired by Professor Samuel Estreicher.
This valuable symposium addresses such provocative questions as the
following: What is corporate America doing with respect to ADR? How have
in-house ADR programs fared? Is ADR an economically efficient method to resolve
disputes? Do due process protocols affect outcomes? Is post-dispute voluntary
arbitration a viable alternative to pre-dispute mandatory arbitration? Are
Gilmer agreements possible in the union setting? How does arbitration address
class actions and injunctions? Is mediation the better form of ADR?
In addition to addressing the technical legal questions, this volume, which
reprints the proceedings of the 53rd Annual Conference on Labor, features
empirical work that provides data to answer many of the questions that form the
basis of many of the policy arguments.This wide-ranging yet incisive survey of
expert opinion and analysis in the field will be of great value to all
professionals involved in the law and policy attendant on labor and employment
in the United States.