American Arbitration Association

American Arbitration Association
Misty Filippelli
Communication and Conflict
Dr. Pedersen
July 27, 2009

The American Arbitration Association is considered as one of the top participants in conflict management since 1926. It is a non-profit, public service organization dedicated to the resolution of disputes through the use of conciliation, negotiation, arbitration, mediation, democratic elections and other voluntary procedures. The different cases are filed with the Association which includes commercial, construction, labor, employment, insurance, international and claims program disputes. There are about 29 offices in the U.S., Ireland, and Mexico and the American Arbitration Association gives a forum for the hearing of disputes, rules and procedures with a list of impartial experts to resolve cases (ADR.org).
The idea of arbitration is an ancient way of settling conflicts and disputes between people those between different nations (Elkouri & Elkouri). There are different forms of arbitration and one of these is called the Commercial arbitration which relies upon the practice of dispute resolution between national and international companies and corporations (The Global Arbitration Mediation Association). Primarily, the labor unions help promote the use of grievance arbitration in the U.S. Nevertheless, compulsory arbitration is also becoming a means of dispute resolution in the non-union sector in the U.S. today (Bales, R.).
Labor educators in the U.S. say that all business must employ a means of dispute resolution for its employees so that their workers can air out their disputes. Hopefully, this would be a boost to low morale and decreased productivity (Hill & Sinicropi). In the U.S. unionized sector, the different researches reveal that the number of collective bargaining agreements which have arbitration clauses as a means of dispute resolution has been on the rise (Feldacker, B.).

In 1999, the American Arbitration Association established the National Labor-Management Arbitration and Mediation Task Force to address current issues that unions and employers face. The American Arbitration Association tries to improve its systems in partnership with those who use them. Among the key changes to streamline the American Arbitration Association case administration are:
•The American Arbitration Association labor case managers offer accelerated exchange to parties and arbitrators. This process, which requires the consent of all parties, permits parties to send correspondence directly to the arbitrator, with copies to the American Arbitration Association, and will closely monitor the exchange to ensure that deadlines are met, including that for rendering the award.

•The American Arbitration Association labor case managers, along with the business development staff, encourage parties to consider adopting the expedited American Arbitration Association rules. These rules offer important features not found in other rules, such as appointment by the American Arbitration Association of a single neutral, continuance of proceedings to occur within 7 days, award within 7 days from the date of the closing of the hearing, and opinions in summary form, if necessary.

•The American Arbitration Association labor case managers advise labor arbitrators that parties expect them to give at least two hearing dates not more than 2 months out for discharge cases and 4 months out for other grievances. If an arbitrator does not offer dates for hearings within that time frame, the American Arbitration Association case manager will advise the parties that either may request replacement of the arbitrator. Furthermore, an arbitrator requesting an extension to file an award must do so in writing. The case manager will work with the arbitrator to avoid any extensions on the American Arbitration Association case awards.
The private sector labor arbitration model is having a dramatic impact on the growth of arbitration. The 1980s witnessed the influence of labor arbitration migrating into the non-union sector. In 1978, the American Arbitration Association developed its Employment Dispute Arbitration Rules. By 1993, the American Arbitration Association had handled over 400 employment cases. By 1995, employment issues captured the spotlight. In particular, there was public attention paid to the need for due process protections in employment alternative dispute resolution systems (Braden).
The American Arbitration Association, in 1995, created a special task force comprised of individuals representing management, labor, civil rights organizations, private administrative agencies, and the government. The Due Process Protocol which was endorsed by the American Arbitration Association seeks to ensure fairness and equity in resolving workplace disputes. The Due Process Protocol encourages mediation and arbitration of statutory disputes, provided there are due process safeguards. It conveys the hope that it will reduce delays caused by the huge backlog of cases pending before administrative agencies and the courts. The Due Process Protocol recognizes the dilemma inherent in the timing of an agreement to mediate/arbitrate statutory disputes but does not take a position on whether an employer can require a pre-dispute, binding arbitration program as a condition of employment. The Due Process Protocol has been endorsed by organizations representing many sectors including the American Arbitration Association, American Bar Association’s Labor and Employment Section, American Civil Liberties Union, the Federal Mediation and Conciliation Service, National Academy of Arbitrators, and the National Society of Professionals in Dispute Resolution (Braden).

In 2001, the American Arbitration Association administered 2,136 employment cases suggesting that the private sector model has provided significant benefits to the nonunion sector, notably the accessibility of a forum through which grievances may be channeled and resolved. The American Arbitration Association’s work with labor and management is ongoing, strong, and extensive. Initiatives in administration, elections, education, and solid advancement of its mission, through a network of regional offices and case management centers, continue to dominate American Arbitration Association’s efforts as it strive to improve both arbitration and mediation (Braden).

A person or group of persons may be called as advocates when they are engaged in “a communication process that involves strategically planned set of activities aimed at achieving or promoting or reinforcing a change in policy, program, legislation, and approach or resource allocation” (Advocacy, Information and Research Department). For Hepworth and Larsen (1986), advocacy can be understood as “the process of working with and/or on behalf of clients (1) to obtain services or resources for clients that would not otherwise be provided, (2) to modify extant policies, procedures, or practice that adversely impact clients, or (3) to promote new legislation or policies that will result in the provision of needed resources or services” (as cited in What is Advocacy?). Accordingly, there are at least two (2) types of advocacy: “(1) case advocacy – acting on behalf of a client (individual, family or group) in order to access needed resources, services, or to influence policy change; and (2) class advocacy - involves working on behalf of groups of clients and communities who have similar needs” (as cited in What is Advocacy). On the other hand, mediation is defined as “an organized negotiation…a structured process in which the mediator guides the disputants through a discussion of their mutual problems and concerns, organizes the parties' presentations of alternatives for resolving the problem and aids the parties in arriving at a resolution of their dispute” (Mediation). It is so far the most commonly used method of resolving conflicts. Mediation programs may include various disputes that involved community, commercial, family, environmental, and public policy (as cited in Schwerin, 1995). Arbitration is the most accepted means of conflict resolution in the workplace in unionized settings and is becoming more accepted in the non-union settings.

Today, ninety-eight percent of collective bargaining agreements in the U.S. contain arbitration clauses (Hill & Sinicropi). Arbitration as a means of dispute resolution has not only been a preferred method by business and labor but has also been supported by the federal government for over a century. An example of governmental support for arbitration was in 1925 when Congress passed the Federal Arbitration Act which further enhanced the credibility of arbitration and later in the 1991 Civil Rights Act Congress encouraged the use of arbitration in the interpretation of antidiscrimination laws (Bales, R.).

No one exactly knows when arbitration began, but it was long before the 20th century as many workers wrongly believe. King Solomon was an arbitrator. The father of Alexander the Great, Philip the Second, used arbitration as a way to settle territorial disputes arriving from a peace treaty he had negotiated with the southern states of Greece as far back as 337 B.C. (Elkouri & Elkouri).

Arbitration is not limited to labor management relations and may ease the burden of the overcrowded court docket problem in the U.S. in the near future. The American Arbitration Association has more than 800 employees in 35 offices worldwide and represents over 8,000 arbitrators and mediators in the world. The American Arbitration Association has administered over 2 million cases for more than 75 years (ADR.org). Indeed, grievance arbitration is fast growing beyond the scope of industrial relations.

References

ADR.org. American Arbitration Association. Homepage available online at: http://www.adr.org/

Bales, Richard. Compulsory Arbitration: The Grand Experiment in Employment. Ithaca, NY: Cornell. University Press, 1997.

Braden, J. N. Policy and Practice of American Arbitration Association.
http://www.naarb.org/proceedings/pdfs/1956-84.pdf

Cahn, D.D., & Abigail, R.A. (2007). Managing conflict through communication. (3rd ed.). Boston: Pearson Education.

Elkouri and Elkouri. How Arbitration Works (5th Edition). Bna Books, 1999.

Feldacker, Bruce. Labor Guide to Labor Law, (3rd Edition). Reston, VA: Reston Publishing Company, Inc., 1990.

Global Arbitration Mediation Association, Inc. History of Arbitration and Mediation. Available online at: http://www.gama.com/

Hill, Marvin and Sinicropi, Anthony. Improving the Arbitration Process: A Primer for Advocates. Bna Books, 1991.

Kellor, Frances. American Arbitration: Its History, Functions and Achievements. University of Chicago Press, 2001.

Loughran, Charles. How to Prepare and Present a Labor Arbitration Case: Strategy and Tactics for Advocates. Bna Books, 1998.

What is Advocacy?” Retrieved July 22, 2009 at:
http://members.tripod.com/sw741advocacy/