Alternative Dispute Resolution
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Author: Joseph P. Paranac, LeClairRyan
- Alternative dispute resolution, most frequently through arbitration, is an expedited process designed to help employers and unions resolve their disputes. See Introduction.
- When employers and unions are a party to a collective bargaining agreement, grievances can arise over a variety of issues and they require quick resolution. See Grievances in a Unionized Workplace.
- The grievance process requires one party to make the other party aware of the dispute in specific terms and the process continues through a series of procedures that end at arbitration. See Grievances in a Unionized Workplace.
- Arbitration is designed to provide a final and binding resolution to a dispute over a collective bargaining agreement. Arbitration awards are virtually impossible to have overturned by a court. See Arbitration.
- The most common issue that is addressed in the arbitration process is the termination of an employee. In termination cases, employers must prove that the employee was terminated for "just cause." See Discipline and Termination Cases.
- When an arbitration is awarded in favor of one party or another, there are typically four remedies: monetary awards; damages awarded to the injured party; attorney fees and cost of the proceeding; and miscellaneous awards. See Arbitration Awards.
The following states have additional requirements for this topic under applicable state law.