Should Congress Ban Mandatory Arbitration?
Original Date: Thursday, November 5, 2009
Presenter:
David B. Lipsky, Anne Evans Estabrook Professor of Dispute Resolution; Director, Scheinman Institute, ILR School;
Rocco M. Scanza, Arbitrator, Mediator, Fact-Finder, Executive Director Scheinman Institute on Conflict Resolution, ILR School; and
Richard D. Fincher, Managing Partner, Workplace Resolutions LLC; Member of Association for Conflict Resolution and National Academy of Arbitrators
Topic Overview:
Over the past three decades, there has been a dramatic growth in the use of mandatory arbitration to resolve employment and consumer disputes. Often employers require employees to sign agreements that require them to resolve their disputes using arbitration by a private third-party instead of the courts. Similarly, sellers of goods and services often require consumers to do the same. Nowadays thousands of statutory claims are resolved annually by arbitrators rather than judges. Critics of mandatory arbitration contend that employees and consumers often do not understand that by signing mandatory arbitration agreements they have waived their right to have their claims adjudicated in the courts. The critics argue that mandatory arbitration does not provide a level playing field for either employees or consumers. Proponents of mandatory arbitration counter that the process provides a faster and less costly means of resolving disputes than litigation, and a well-designed arbitration system is not necessarily a less fairer approach than the courts. Congress is currently considering legislation, called the Arbitration Fairness Act, that would ban the use of mandatory arbitration in employment, consumer, franchise, and civil rights disputes. Some observers believe that in the end Congress, as a compromise, may choose to regulate the process, rather than ban it. This webcast will consider the pros and cons of mandatory arbitration and whether Congress should ban the practice, regulate it, or let it alone.
Technology:
In order to participate in the webcast you will need computer access with high speed Internet connection. The required browser is Internet Explorer. Windows users need to install Windows Media. Macintosh users need to install the Silverlight plug in (links on the registration page).
To register: http://author.ilr.cornell.edu/events/110509_CongressBanMandatoryArb.html |
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