Abogado

Guide for Employment Arbitrators


Introduction
In seeking to resolve workplace conflicts fairly and efficiently, employers and employees turn to the American Arbitration Association as a resourcefor the full spectrum of dispute resolution options--factfinding, early neutral evaluation, mediation and arbitration--for disputes over a wide range of issues relating to the employment relationship,such as the breach of an employment contract, wrongful termination, sexual harassment and discrimination. Critical to the Association''s involvement in resolving employment disputes is the adherenceby all parties to standards of fairness, which include access to relevant information, the right to representation by counsel, appropriate remedies and the opportunity to have one''s case heard by animpartial arbitrator or mediator with substantive knowledge of employment law.


The Guide for Employment Arbitrators discusses the role of the arbitrator, the rules and procedures, and theauthority of the arbitrator in resolving employment disputes under the National Rules for the Resolution of Employment Disputes. When reviewing this guide, arbitrators should pay particular attention to thesections relating to the arbitrators'' authority, the arbitration management conference, discovery, burden of proof, and remedies. Arbitrators should also be sure to read A Due Process Protocol forMediation and Arbitration of Statutory Disputes Arising Out of the Employment Relationship, which the American Arbitration Association--along with representatives of the American Bar Association, theAmerican Civil Liberties Union, the National Academy of Arbitrators, the National Employment Lawyers Association, the Federal Mediation and Conciliation Service, and the Society for Professionals inDispute Resolution developed and adopted in 1995.


What It Takes to Be a Good Arbitrator
The arbitrator should be a person of integrity, sound judgment, and impartiality, and must be experienced in...