Designing a Legally Defensible Alternative Dispute Resolution (Adr) Agreement

George W. Bohlander
Robert J. Deeny


DOI: 10.2190/62MN-78JM-1UTK-KWB7

Abstract

Alternative Dispute Resolution (ADR) procedures are viewed by employers and the courts as expedient and cost-effective devices for adjudicating employee complaints. With these professed benefits, ADRs have grown significantly among employers in both the public and private sectors. Unfortunately, recent court decisions have held that to be legally enforceable, ADRs must meet certain standards of law and judicial fairness. Included here are various procedural guarantees including rights of disclosure, employee representation, and fairness of relief. This article provides a comprehensive analysis of the judicial requirements for effective ADR administration. Seven points are provided to ensure a legally defensible ADR agreement.

Creative Commons License This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.