Is Mediation an Effective Alternative to Litigation in Employment Claims? Term Paper by aquarius

Is Mediation an Effective Alternative to Litigation in Employment Claims?
A comparison of mediation, arbitration, and litigation in the labor and employment context.
# 153930 | 5,697 words | 0 sources | 2012 | US
Published on Jun 22, 2014 in Law (Labor)

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From the Paper:

"Over the last several decades, mediation has evolved from an afterthought of litigation into the most preferred method of resolving employment disputes. The federal mediation system has been in place for nearly a century, beginning with the creation of the U.S. Conciliation Service at the Department of Labor in 1918, then with the establishment of the National Mediation Board in 1926 under the Railway Labor Act, the passage of the National Labor Relations Act in 1935, and the creation of the Federal Mediation and Conciliation Service in 1947. However, it was not until the passages of Title VII and various state anti-discrimination statutes in the 1970s and beyond that labor and employment claims skyrocketed, necessitating the need for an additional channel of resolution.
"Nearly all national agencies who deal primarily with labor and employment disputes - such as the National Labor Relations Board ("NLRB") and Equal Employment Opportunity Commission ("EEOC") - currently advocate mediation as the most preferred means of resolving these disputes. In addition, the Railway Labor Act prescribes mandatory mediation at the National Mediation Board for "major" disputes arising under the Act, and binding arbitration under an adjustments board for "minor" disputes. The Financial Industry Regulatory Authority ("FINRA") operates a Dispute Resolution program (consisting of both arbitration and mediation) to handle labor and employment disputes between securities firms and their employees.
"In the private sector, many experts advocate that an attorney should consciously consider mediation in virtually every significant employment dispute that is unable to be solved with direct negotiation between the parties, and should incorporate mediation as a component of their litigation plan from the outset of a case. Because it is so likely that a particular dispute will settle before trial - or sometimes, before a lawsuit is even filed - mediation is helpful in ascertaining whether such disputes can be settled earlier in the process than otherwise thought."

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