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Horizons: Conversations About Future Directions in Dispute Resolution

Friday, January 30,  2015
8:30 AM – 4:00 PM | TBD

 

94 – Labor — Discrimination

Michael Z. Green, Reading Ricci and Pyett to Provide Racial Justice Through Union Arbitration, 87 Ind. L.J. 367 (2012)
This article discusses race and arbitration in the labor union setting. The author focuses on the importance of interest-convergence between conflicting groups in order to achieve any sort of catharsis.
{44} ARBITRATION—GENERAL
{94} SUBJ MATTER: LABOR—DISCRIMINATION
 
Jacqueline Rau, Note, No Fault Discrimination? Using the Americans with Disabilities Act as a Model for “Norm Advocating” Mediation in Title VII Disputes, 27 Ohio St. J. on Disp. Resol. 241 (2012).
This note examines current problems in judicial and arbitrational relief and how mediation, particularly norm advocating mediation, can improve employer and employee satisfaction. It argues that the unique non-perpetrator structure of the ADA can serve as a model in Title VII mediations to increase viable solutions and suggests improvement for norm advocating mediation of employment discrimination claims to adequately and effectively safeguard statutory rights.
{21} MEDIATION—GENERAL
{94} SUBJ MATTER: LABOR—DISCRIMINATION
Deborah A. Widiss, Divergent Interests: Union Representation of Individual Employment Discrimination Claims, 87 Ind. L.J. 421 (2012)
This article disputes some of the findings in Reading Ricci and Pyett to Provide Racial Justice Through Union Arbitration, asserting that a duty of a Union to advance the interests of all its member may ultimately find itself in conflict with vindicating the interests of racial discrimination victims.
{44} ARBITRATION—GENERAL
{94} SUBJ MATTER: LABOR—DISCRIMINATION