This study attempts to contribute to the growing body of field research on organizational use of employment dispute resolution. It examines a natural experiment in mediation of discrimination complaints at the United States Postal Service (USPS) to ascertain whether there is evidence of the...

This article explores the relationship between the "vanishing trial" and the changing ways in which we think about truth. First, it briefly overviews how we think about knowing what is true: epistemology and the history of philosophy. Second, it looks to the philosophy of science and history of...

The phrase "mandatory arbitration" has come to refer to binding arbitration imposed by the stronger party on the weaker in an economic relationship through an adhesive contract clause. Critics have identified a series of concerns regarding the fairness of mandatory arbitration systems, including...

A private-sector employer in the United States may fire an employee for the employee's political views. During the 1992 presidential campaign, employers required that employees sit through a presidential candidate's stump speech as part of a company-wide captive audience. Employees commented to...

The transformative model of mediation, although well established in the mediation of family and community disputes, is a relatively new approach to dispute resolution in employment settings. In contrast to traditional mediation approaches that focus on problem-solving, transformative mediation...

This Article empirically examines the repeat player employer and the use of personnel manuals, one form of contract of adhesion, in employment arbitration. First, it briefly reviews some of the salient cases that allow for the imposition of arbitration through an adhesive employment contract....

South Korea, an established industrial economy, has quietly broadened and deepened its democracy, and is presently building new, innovative governance processes into its institutions. This article examines South Korea's implementation of new governance processes, specifically, its growing use of...

This article explores the connections between dispute resolution and the rule of law through two complementary lenses: dispute systems design and collaborative governance. It posits as a working hypothesis that it is possible to design governance as a necessary condition to produce the rule of...

This article will explore the question of creeping legalism in mediation of statutory disputes arising out of employment. First, it will briefly review the issue of creeping legalism in arbitration. Second, it will introduce dispute systems design (DSD). Third, it will review the analogous...