Magazine article The CPA Journal

ADR and the Workplace

Magazine article The CPA Journal

ADR and the Workplace

Article excerpt

It is a common perception that once a lawsuit is filed, it will go to trial; however, only an extremely small percentage actually do. A recent study by Marc Galanter, a law professor at the University of Wisconsin, found that while in 1962 11.5% of all cases in federal courts went to trial, only 1.8% did so in 1992. Many cases are settled, often on the courthouse steps, but an increasing number are resolved by alternative dispute resolution (ADR) procedures such as mediation and arbitration.

This relative decrease in court adjudication has partly resulted from alternatives that are both less expensive and faster. In addition, litigation results in one side winning and the other losing, while in mediation, both sides may win.

Mediation in Employment Cases

The Galanter study also shows that, although the number of cases involving injuries and contracts has decreased, employment discrimination and other civil rights cases have increased. The U.S. Equal Employment Opportunity Commission (EEOC) alone handles about 80,000 such cases a year. The EEOC works closely with corporations to bring more of these cases into its mediation program, which is provided at no charge to the parties involved. In 2002, almost 12,000 of these cases went to mediation.

A recent CityBar Center for Continuing Legal Education program discussed the new workplace ADR program being jointly offered by the EEOC and some large corporations. This program provides an alternative to going to the EEOC, and possibly to court, for alleged workplace discrimination and harassment disputes that may require enforcement by the commission. …

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.