NCJ Number
53638
Journal
Labor Law Journal Volume: 29 Issue: 8 Dated: (AUGUST 1978) Pages: 477-481
Date Published
1978
Length
5 pages
Annotation
THE AMERICAN ARBITRATION ASSOCIATION (AAA) WILL ADOPT A PROCEDURE ALLOWING EMPLOYEES TO PROCESS CLAIMS THROUGH GOVERNMENT EMPLOYMENT AND DISCRIMINATION AGENCIES OF THE FEDERAL COURTS USING INDEPENDENT ARBITRATORS.
Abstract
THIS EXPEDITED ARBITRATION PROCESS AIMS AT REDUCING PROCESSING DELAYS. ATTORNEYS FOR THE PARTIES WILL BE ABLE TO STIPULATE TO THESE PROCEDURES BY MEANS OF A LEGALLY BINDING SUBMISSION AGREEMENT THAT PROVIDES FOR ARBITRAL FINALITY AND FOR A WAIVER OF THE RIGHT TO SUBMIT SUCH CLAIMS TO GOVERNMENTAL AGENCIES OF THE COURTS. UNIQUE FEATURES OF THE PROCEDURE INCLUDE THE FOLLOWING: A RIGHT OF DISCOVERY EQUAL TO THAT AVAILABLE IN COURT, RELIANCE ON THE FEDERAL RULES OF EVIDENCE AS AN ARBITRATION GUIDE, AND THE RIGHT OF THE ARBITRATOR TO GRANT ANY RELIEF THAT WOULD BE AVAILABLE HAD THE CLAIMS BEEN FILED IN COURT. THE $100 ARBITRATION FEE WOULD BE SHARED EQUALLY BY BOTH PARTIES. THE AAA ALSO HAS DEVELOPED TWO DISPUTE-RESOLUTION SERVICES FOR EMPLOYEES WHO ARE NOT PROVIDED WITH ARBITRATION BENEFITS. THESE INCLUDE THE EMPLOYEE BENEFIT PLAN CLAIMS ARBITRATION RULES AND THE IMPARTIAL UMPIRE PROCEDURES FOR ARBITRATION OF IMPASSES BETWEEN TRUSTEES OF JOINT TRUSTS AND PENSION FUNDS. RESULTS OF A SURVEY TO ASSESS ARBITRATORS' PERCEPTIONS OF EXPEDITED ARBITRATION INDICATE THAT ARBITRATORS BELIEVE THAT USE OF EXPEDITED PROCEDURES HAS NOT AFFECTED THE PROCESS IN ANY SIGNIFICANT WAY. THE AAA'S DEPARTMENT OF EDUCATION AND TRAINING OFFERS COURSES IN SKILL-BUILDING, THE ART OF NEGOTIATION, AND CONTRACT ADMINISTRATION. (DAG)