Alternative Dispute Resolution in the Workplace: Concepts and Techniques for Human Resource Executives and Their Counsel

By E. Patrick McDermott; Arthur Eliot Berkeley | Go to book overview

Contents
Prefaceix
Acknowledgmentsxiii
Introductionxv
The Changing Legal and Legislative Landscape1
Federal Case Law: Alexander v. Gardner-Denver Co.3
The Rise of Alternative Dispute Resolution5
Alexander v. Gardner-Denver Co. Revisited--The Gilmer Decision6
Post-Gilmer Federal Decisions Supporting Alternative Dispute Resolution in the Workplace8
Legislation13
The Gilmer Decision, the Federal Arbitration Act, and Their Relationship to State Law18
The Rise of Employment Litigation22
The Cost of Employment Litigation25
State Law and Breach of Contract Claims30
State Tort Claims31
Whistleblower Laws33
Sexual Harassment34
The Increasing Attractiveness of Alternative Dispute Resolution to Counsel, Employers, and Employees34

-vii-

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Alternative Dispute Resolution in the Workplace: Concepts and Techniques for Human Resource Executives and Their Counsel
Table of contents

Table of contents

  • Title Page iii
  • Copyright Acknowledgments iv
  • Contents vii
  • Preface ix
  • Acknowledgments xiii
  • Introduction xv
  • I - The Changing Legal and Legislative Landscape 1
  • II - Varieties of Alternative Dispute Resolution 49
  • III - The Trend: Corporate Alternative Dispute Resolution Programs 67
  • Notes 121
  • Appendix 123
  • Brown & Root Dispute Resolution Program 125
  • The Brown & Root Dispute Resolution Plan and Rules 145
  • Employment Legal Consultation Plan 161
  • Bibliography 167
  • Index 173
  • About the Authors 179
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