The Courts and Legislature Begin to Adopt ADR Methods to Deal with Growing Number of Employment Discrimination Claims
Bryson, Cheryl Blackwell
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With the increasing trend in the use of ADR methods to resolve disputes, this article focuses on the Supreme Court and the legislature's growing acceptance of ADR and the manner in which arbitration and mediation can be used in the employment discrimination area. The author outlines the historical use of arbitration in resolving disputes under collective bargaining agreements and analyzes whether that can serve as a model for arbitration of individual employment discrimination claims. The Supreme Court's growing endorsements of binding arbitration of statutory claims is discussed, and the author concludes with a call for a more active governmental stance regarding the use of ADR in employment discrimination disputes.