Employment Arbitration
The arbitration video examines the arbitrator’s opening statement, the parties’ opening and closing statements, witness testimony and cross-examination, and the introduction of evidence.
In these two videos, we treat the employment arbitration and mediation procedures separately but realize they might be used in tandem in practice. Med-arb is one of the ADR procedures we discuss in more detail below.
Both the mediation and arbitration videos are based on the same fact-based case. In this case, there is a mandatory dispute resolution clause in the employer’s contract with the employee. Both sides are presented by counsel.
The case involves a dispute between a nurse employed by Hospital General who was terminated (due to a layoff) after having filed a discrimination claim against her supervisor and hospital, charging race and gender bias. The female, African American nurse had applied for a promotion but was not selected in favor of a male, Caucasian candidate. The nurse filed a complaint alleging race and gender discrimination. After filing the complaint, Hospital General decided to make layoffs as part of a necessary downsizing. In the process, it terminated the nurse, who has proceeded with the complaint.
Hospital General provides that disputes among employees and managers are subject to either employment mediation or arbitration. We show how this case might proceed through both of these procedures to illuminate the differences between the two. In each video, we follow the process from beginning to end. At the end of each video, there is a Q&A with the relevant neutral.
The mediation video examines the mediator’s opening comments, parties’ opening statements, the movement toward reaching a settlement, including private caucuses, and the final deliberations. The arbitration video examines the arbitrator’s opening statement, the parties’ opening and closing statements, witness testimony and cross-examination, and the introduction of evidence.
