Employment American Arbitration Association

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Regional Vice Presidents and Assistant Vice Presidents. States Delaware District of Columbia Maryland States Alaska Arizona California Hawaii Idaho. New Jersey Pennsylvania Nevada Oregon Utah Washington. Kenneth Egger Patrick Tatum,Vice President Vice President. Phone 215 731 2281 Phone 559 490 1905,Email EggerK adr org Email TatumP adr org. States Colorado Illinois Iowa Kansas Michigan States Alabama Florida Georgia Louisiana. Minnesota Missouri Montana Nebraska Mississippi Texas. New Mexico North Dakota South Dakota Charles Dorsey. Wisconsin Wyoming Assistant Vice President,Jan Holdinski Phone 866 686 6024. Vice President Email DorseyC adr org,Phone 248 352 5509. Email HoldinskiJ adr org States Rhode Island,Heather Santo.
States Connecticut Maine Massachusetts Assistant Vice President. New Hampshire New York Vermont Phone 866 293 4053,Ann Lesser Esq Email SantoH adr org. Vice President,Phone 212 484 4084,Email LesserA adr org. States Arkansas Indiana Kentucky North Carolina,Ohio Oklahoma South Carolina Tennessee. Virginia West Virginia,Aaron Schmidt,Vice President. Phone 440 596 3789,Email SchmidtA adr org, Case Management Vice President and Assistant Vice Presidents.
Southeast Case Management Center Western Case Management Center. Charles Dorsey Patrick Tatum,Assistant Vice President Vice President. Phone 866 686 6024 Phone 559 490 1905,Email DorseyC adr org Email TatumP adr org. Administers cases in Alabama Arkansas Florida Administers cases in Alaska Arizona California. Georgia Kentucky Louisiana Mississippi Hawaii Idaho Nevada Oregon Utah Washington. North Carolina Ohio Puerto Rico South Carolina, Tennessee US Virgin Islands Virginia Central Case Management Center. Charles Dorsey, Northeast Case Management Center Assistant Vice President. Heather Santo Phone 866 686 6024,Assistant Vice President Email DorseyC adr org.
Phone 866 293 4053 Administers cases in Colorado Illinois Indiana. Email SantoH adr org Iowa Kansas Minnesota Missouri Montana. Administers cases in Connecticut Delaware Nebraska New Mexico North Dakota Oklahoma. District of Columbia Maine Maryland South Dakota Texas Wisconsin Wyoming. Massachusetts Michigan New Hampshire,New Jersey New York Pennsylvania Rhode Island. Vermont West Virginia, 2 RULES AND MEDIATION PROCEDURES American Arbitration Association. Table of Contents,Introduction 6,The Employment Due Process Protocol 6. AAA s Employment ADR Rules 7,AAA s Policy on Employment ADR 7. Notification 8,Designing an ADR Program 8,Types of Disputes Covered 9.
Employment Arbitration Rules and Mediation Procedures 10. 1 Applicable Rules of Arbitration 10,2 Notification 10. 3 AAA as Administrator of the Arbitration 11,4 Initiation of Arbitration 11. 5 Changes of Claim 12,6 Jurisdiction 12,7 Administrative and Mediation Conferences 12. 8 Arbitration Management Conference 13,9 Discovery 14. 10 Fixing of Locale the city county state territory and or country of the Arbitration 14. 11 Date Time and Place the physical site of the hearing within the designated locale. of Hearing 14, 12 Number Qualifications and Appointment of Neutral Arbitrators 15.
13 Party Appointed Arbitrators 16, 14 Appointment of Chairperson by Party Appointed Arbitrators or Parties 16. 15 Disclosure 16,16 Disqualification of Arbitrator 17. 17 Communication with Arbitrator 17,18 Vacancies 18. 19 Representation 18,20 Stenographic Record 18,21 Interpreters 18. 22 Attendance at Hearings 18,23 Confidentiality 19.
24 Postponements 19,25 Oaths 19, Rules Amended and Effective November 1 2009 Introduction Revised October 1 2017 EMPLOYMENT RULES 3. 26 Majority Decision 19,27 Dispositive Motions 19,28 Order of Proceedings 19. 29 Arbitration in the Absence of a Party or Representative 20. 30 Evidence 21,31 Inspection 21,32 Interim Measures 21. 33 Closing of Hearing 22,34 Reopening of Hearing 22. 35 Waiver of Oral Hearing 22, 36 Waiver of Objection Lack of Compliance with These Rules 22.
37 Extensions of Time 23,38 Serving of Notice 23,39 The Award 23. 40 Modification of Award 24, 41 Release of Documents for Judicial Proceedings 24. 42 Applications to Court 24,43 Administrative Fees 25. 44 Neutral Arbitrator s Compensation 25,45 Expenses 25. 46 Deposits 26,47 Suspension for Non Payment 26,48 Interpretation and Application of Rules 26.
AAA Administrative Fees for Employment Workplace Cases 26. Optional Rules for Emergency Measures of Protection 27. O 1 Applicability 27,O 2 Appointment of Emergency Arbitrator 27. O 3 Schedule 27,O 4 Interim Award 27,O 5 Constitution of the Panel 28. O 6 Security 28,O 7 Special Master 28,O 8 Costs 28. 4 RULES AND MEDIATION PROCEDURES American Arbitration Association. Employment Mediation Procedures 29,M 1 Agreement of Parties 29. M 2 Initiation of Mediation 29, M 3 Fixing of Locale the city county state territory and if applicable country of the.
mediation 30,M 4 Representation 30,M 5 Appointment of the Mediator 30. M 6 Mediator s Impartiality and Duty to Disclose 31. M 7 Vacancies 31, M 8 Duties and Responsibilities of the Mediator 31. M 9 Responsibilities of the Parties 32,M 10 Privacy 32. M 11 Confidentiality 33,M 12 No Stenographic Record 33. M 13 Termination of Mediation 33,M 14 Exclusion of Liability 34.
M 15 Interpretation and Application of Procedures 34. M 16 Deposits 34,M 17 Expenses 34,M 18 Cost of the Mediation 34. Rules Amended and Effective November 1 2009 Introduction Revised October 1 2017 EMPLOYMENT RULES 5. Employment Arbitration Rules,and Mediation Procedures. Introduction, Federal and state laws reflecting societal intolerance for certain workplace. conduct as well as court decisions interpreting and applying those statutes have. redefined responsible corporate practice and employee relations Increasingly. employers and employees face workplace disputes involving alleged wrongful. termination sexual harassment or discrimination based on race color religion. sex sexual orientation national origin age and disability. As courts and administrative agencies become less accessible to civil litigants. alternative dispute resolution ADR procedures have become more common. in contracts of employment personnel manuals and employee handbooks as. a means of resolving workplace disputes privately promptly and economically. Millions of workers are now covered by employment ADR clauses administered. by the American Arbitration Association AAA, The American Arbitration Association a not for profit public service organization. offers a broad range of dispute resolution services to business executives. attorneys individuals trade associations unions management consumers and. all levels of government Services are available through AAA headquarters in. New York City and offices in major cities throughout the United States and. internationally Hearings may be held at locations convenient for the parties and. are not limited to cities with AAA offices In addition the AAA serves as a center. for education and training issues specialized publications and conducts research. on various forms of alternative dispute resolution. The Employment Due Process Protocol, The Employment Due Process Protocol was developed in 1995 by a special Task.
Force composed of individuals representing management labor employment. civil rights organizations private administrative agencies government and the. American Arbitration Association The Due Process Protocol which was endorsed. 6 RULES AND MEDIATION PROCEDURES American Arbitration Association. by the Association in 1995 seeks to ensure fairness and equity in resolving. workplace disputes It encourages mediation and arbitration of statutory. disputes provided there are due process safeguards It conveys the hope that. ADR 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 and or 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 a. broad range of constituencies They include the American Arbitration. Association the American Bar Association Labor and Employment Section the. American Civil Liberties Union the Federal Mediation and Conciliation Service. the National Academy of Arbitrators and the National Society of Professionals in. Dispute Resolution The National Employment Lawyers Association has endorsed. the substantive provisions of the Due Process Protocol. It has been incorporated into the Report of the United States Secretary of Labor s. Task Force in Excellence in State and Local Government and cited with approval. in numerous court opinions,AAA s Employment ADR Rules. On June 1 1996 the Association issued National Rules for the Resolution of. Employment Disputes now known as the Employment Arbitration Rules and. Mediation Procedures The rules reflected the guidelines outlined in the. Due Process Protocol and were based upon the AAA s California Employment. Dispute Resolution Rules which were developed by a committee of employment. management and plaintiff attorneys retired judges and arbitrators in addition to. Association executives The revised rules were developed for employers and. employees who wish to use a private alternative to resolve their disputes and. included procedures which ensure due process in both the mediation and. arbitration of employment disputes The rules enabled parties to have complaints. heard by an impartial person of their joint selection with expertise in the. employment field,AAA s Policy on Employment ADR, The AAA s policy on employment ADR is guided by the state of existing law as. well as its obligation to act in an impartial manner In following the law and in. the interest of providing an appropriate forum for the resolution of employment. Rules Amended and Effective November 1 2009 Introduction Revised October 1 2017 EMPLOYMENT RULES 7. disputes the Association administers dispute resolution programs which meet. the due process standards as outlined in its Employment Arbitration Rules. and Mediation Procedures and the Due Process Protocol If the Association. determines that a dispute resolution program on its face substantially and. materially deviates from the minimum due process standards of the Employment. Arbitration Rules and Mediation Procedures and the Due Process Protocol the. Association may decline to administer cases under that program Other issues. will be presented to the arbitrator for determination. Notification, If an employer intends to utilize the dispute resolution services of the Association. in an employment ADR plan it should at least 30 days prior to the planned. effective date of the program 1 notify the Association of its intention to do so. and 2 provide the Association with a copy of the employment dispute. resolution plan If an employer does not comply with this requirement the. Association reserves the right to decline its administrative services Copies of all. plans should be sent to the American Arbitration Association 1101 Laurel Oak. Road Suite 100 Voorhees NJ 08043 Email casefiling adr org. Designing an ADR Program, The guiding principle in designing a successful employment ADR system is that it. must be fair in fact and perception, The American Arbitration Association encourages employers to consider the.
wide range of legally available options to resolve workplace disputes outside. the courtroom A special emphasis is placed by the Association on encouraging. the development of in house dispute resolution procedures such as open door. policies ombuds peer review and internal mediation The Association. recommends an external mediation component to resolve disputes not settled. by the internal dispute resolution process, Programs which use arbitration as a final step may employ. pre dispute voluntary final and binding arbitration. pre dispute mandatory nonbinding arbitration, pre dispute mandatory final and binding arbitration or. post dispute voluntary final and binding arbitration. 8 RULES AND MEDIATION PROCEDURES American Arbitration Association. Although the AAA administers binding arbitration systems that have been. required as a condition of initial or continued employment such programs must. be consistent with the Association s Employment Arbitration Rules and Mediation. Procedures and the Employment Due Process Protocol. Specific guidance on the responsible development and design of employment. ADR systems is contained in the Association s publication Resolving Employment. Disputes A Practical Guide which is available from the AAA s website. www adr org,Types of Disputes Covered, These dispute resolution procedures were developed for arbitration agreements. contained in employee personnel manuals an employment application of an. individual employment agreement independent contractor agreements for. workplace disputes and other types of employment agreements or workplace. agreements or can be used for a specific dispute They do not apply to disputes. Association the American Bar Association Labor and Employment Section the American Civil Liberties Union the Federal Mediation and Conciliation Service the National Academy of Arbitrators and the National Society of Professionals in Dispute Resolution The National Employment Lawyers Association has endorsed the substantive provisions of the Due Process Protocol It has been incorporated

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