Thursday, February 7th, 2008...8:52 am
Arbitration v. Litigation
It’s a good news, bad news story, without much good news for employees, especially unrepresented employees in front of repeat arbitrators:
From the abstract by researcher Alexander Colvin:
Whereas past research often concluded based on more limited datasets that outcomes from employment arbitration were generally similar to those from litigation, results of the present study, which is based on a larger dataset focused on cases involving employer promulgated agreements, indicate that both employee win rates and damage awards in employment arbitration are significantly lower than in litigation. By contrast, results of the present study confirm previous research findings that time to hearing is generally shorter in employment arbitration than in litigation. As with past research, the present study finds evidence of a repeat player effect, though with some uncertainty as to the causal explanation for this effect. Self-representation of employees is found to be associated with significantly worse employee win rates and damage awards, particularly where the case involves by a repeat employer-arbitrator pairing.
H/T: Workplace Professor
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