Does Alternative Dispute Resolution Influence Litigation Filings? An Empirical Assessment Of The Liitgation Profiles Of Fortune 1000 Firms

Other Titles
Abstract
From the beginning of the "silent ADR revolution" in the 1970s, conflict management scholars have implied that ADR has the capacity to resolve workplace conflicts short of litigation. Yet the Gilmer decision gave firms two strategies for managing workplace disputes: (1) use arbitration to limit the costs associated with litigating workplace claims, or (2) use "conflict management systems" to control the escalation of these claims within the workplace. While many firms employ both strategies, they are rooted in different philosophies of workplace conflicts resolution. The first strategy focuses on "distributive" ADR and is indifferent to repairing the employment relationship. The second method focuses on so-called "win-win" ADR techniques that attempt to find solutions to workplace conflicts that benefit both employers and employees. This thesis provides cross-industry empirical data comparing if both of these strategies are able to influence the number of FLSA and employment discrimination claims filed against Fortune 1000 firms.
Journal / Series
Volume & Issue
Description
Sponsorship
Date Issued
2015-08-17
Publisher
Keywords
Industrial Relations; Employment Discrimination; Alternative Dispute Resolution
Location
Effective Date
Expiration Date
Sector
Employer
Union
Union Local
NAICS
Number of Workers
Committee Chair
Lipsky,David Bruce
Committee Co-Chair
Committee Member
Tolbert,Pamela S
Degree Discipline
Industrial and Labor Relations
Degree Name
M.S., Industrial and Labor Relations
Degree Level
Master of Science
Related Version
Related DOI
Related To
Related Part
Based on Related Item
Has Other Format(s)
Part of Related Item
Related To
Related Publication(s)
Link(s) to Related Publication(s)
References
Link(s) to Reference(s)
Previously Published As
Government Document
ISBN
ISMN
ISSN
Other Identifiers
Rights
Rights URI
Types
dissertation or thesis
Accessibility Feature
Accessibility Hazard
Accessibility Summary
Link(s) to Catalog Record