Making Arbitration an Equitable Alternative to a Day in Court

Bernadette Marczely
David W. Marczely

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DOI: 10.2190/X78A-8YT6-166D-VJYK

Abstract

Arbitration, long an important tool in settling labor disputes, is now being endorsed by the courts and the legislature as the panacea for settling employment disputes as well. However, this quasijudicial process, designed to resolve contractual disputes between organized labor and management, should not be presumed as equitable or effective a tool when used in its present form to settle employment disputes. This study analyzes the significant differences between labor and employment arbitration that must be addressed before employment arbitration can be a truly effective and equitable solution to the problems of the individual employee in the workplace.

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