Question 1: What type of employment disputes are most often resolved by alternative dispute resolution approaches such as mediation, negotiation, or arbitration?
Question 2: What provisions exist in the National Labor Relations Act regarding processes for resolving disputes?
1. What type of employment disputes are most often resolved by alternative dispute resolution approaches such as mediation, negotiation, or arbitration?
“Alternative Dispute Resolution (ADR)” is the term used to describe a variety of ways of dealing with disputes, including the option of going to court. There is a broad range of dispute resolution options in ADR (http://www.settlement.org/sys/faqs_detail.asp?faq_id=4000353). In fact, ADR techniques such as mediation, negotiation, or arbitration have been used successfully in a variety of disputes involving individuals, small and large businesses, employment, the government, and the general public. ADR is becoming very popular in family law cases, in which divorce settlements, property disputes, child custody and visitation matters, and spousal and child support issues often lend themselves to an alternative and informal method of dispute resolution. Other business and employment disputes often settled by ADR include:
· Business disputes
· Consumer/merchant disputes, include questions about refunds, repairs, services, and warranties
· Employment disputes, such as interpretation of employment contracts or terminations http://www.weblocator.com/attorney/ca/law/c09.html
Other examples of the use of ADR to resolve employment disputes – Federal and state laws reflecting societal intolerance for certain workplace conduct, as well as court decisions interpreting and applying those statutes, have redefined responsible corporate practice and employee relations. Increasingly, employers and employees face workplace disputes involving:
. Alleged wrongful termination,
. Sexual harassment, or
. Discrimination based on race, color, religion, sex, national origin, age and disability (http://www.ilr.cornell.edu/alliance/resources/Guide/resolving_emp_disputes_guide.html).
When Should Disputes Be Left to the Courts to decide?
· The issue of violence itself is not something that can be mediated. The courts may provide better protection for people who have been the victim………….