Alternative dispute resolution (ADR) procedures are becoming more common in employment contracts, human resources manuals, and employee handbooks. The AAA can help resolve sensitive workplace disputes with a minimum of time and disruption.
Federal and state laws have redefined responsible corporate practice and employee relations. Disputes can arise in numerous areas, among them alleged wrongful termination, sexual harassment, or discrimination based on race, religion, gender, birthplace, age, and disability.
The AAA Employment Arbitration Rules and Mediation Procedures include procedures that provide due process in both the mediation and arbitration of employment disputes.
Disputes can arise out of an employer-promulgated plan (the employer has drafted a standard arbitration clause for use with all its employees) or an individually negotiated employment agreement or contract (the employee has had the ability to negotiate the terms and conditions of the employment agreement). The type of plan determines how the costs of the arbitration are allocated.
Parties may agree to use mediation—a voluntary, confidential extension of the negotiation process that guides parties toward a mutually agreeable settlement, or they may include mediation in their agreement as a step prior to arbitration.
The AAA Panel of Employment Arbitrators and AAA Panel of Employment Mediators
Experienced and respected arbitrators and mediators from the legal and business communities are highly trained in skillfully moving these types of disputes, which can be delicate as well as complex.