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Many labor and employment lawyers are accustomed to choosing arbitrators in collective bargaining cases. They are familiar with the structure of collective bargaining arbitration and the considerations that go into choosing an arbitrator. Employment arbitration is structurally different from collective bargaining arbitration and requires different considerations in choosing an arbitrator. Labor and employment lawyers who are not familiar with collective bargaining arbitration need to consider the structural differences for the guidance it can provide in choosing the best employment arbitrator for their case. By considering these differences, both types of counsel can increase the probability of an efficient, expeditious, and fair process.
Streamlining the Arbitration Process
Arbitrators sell curable ignorance. You know why your client should win; we do not. Indeed, we begin by not knowing anything about the case. Your job is to educate us. The process of educating an arbitrator is different from educating a jury or judge.
Choosing the "Expert" Mediator
When a dispute is truly ripe for mediation, who you choose to mediate is unlikely to affect the outcome. Frequently, however, who you choose to mediate can be critical to making mediation work.
Learning To Use The Mediation Process - A Guide For Lawyers
Mediation is changing law practice. It is the cheapest, lowest risk, and most under-utilized form of alternative dispute resolution. And the demand for it is rapidly growing. 1 Comment
Using Mediation Effectively
Mediation can be a powerful tool for settling disputes. The recent Teamsters strike at UPS was settled with the assistance of a mediator. The potential lawsuit over not renewing the contract of Los Angeles Police Chief Willie Williams was resolved through mediation. Despite the enormous growth in mediation of private disputes, mediation does not appear to have undergone significant growth in cities, counties, and municipalities. Yet public disputes -particularly public sector disputes - are prime candidates for mediation.
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