Employment Disputes and How Arbitration May Not Help

Law Times
June 6, 2011

Arbitration has become more and more dysfunctional in resolving workplace disputes and tends to exacerbate problems in the workplace rather than solve them. A former labor attorney suggests that “arbitration has changed beyond recognition since the post-war era, when it was an informal, efficient, and relatively straightforward problem-solving process for disputes over collective agreements.”

Arbitration fails when the parties do not think about the long term. Instead, “Parties should view arbitration more like a family dispute in recognizing that you have to live together after the problem is solved.” Instead of looking for a quick win and getting bogged down in process and scoring points, parties must view the arbitration as a long-term problem-solving process.

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