Alternative Dispute Resolution And Arbitration Essay

Alternative Dispute Resolution And Arbitration Essay

Interest Arbitration In a situation where a dispute cannot be settled by the parties involved, there is a need for a middle man. Instead of going straight into litigation, disputants are given the opportunities to seek Alternative Dispute Resolutions. Alternative Dispute Resolutions are used widely around the in the United in place of litigation. There are many types of Alternative Dispute Resolution and Arbitration is one; however there are three types of arbitration: grievance arbitration, interest arbitration and arbitration of statutory disputes. Arbitration is often used in labor relations to solve issues that are under existing contracts. The focus of the paper is on interest arbitration. Interest arbitration is used when an issue is "not resolved in bargaining between the employer and the union, [the dispute will be] presented to an impartial arbitrator for final resolution" ("Learning about interest", n.d.). Before arbitration, the disputants would negotiate on a contract and if neither of them would settle the "union would call a strike or the employer can implement its last offer" (Kersey& Sherk, 2007). They can call for a government appointed mediator after 90 days and submit a letter to arbitration after 30 days of mediation. The results of the settlement would last two years (Kersey& Sherk, 2007). If the either disputant is unsatisfied, they would have the option of litigation, if not, the arbitrations award is binding which leaves the, with no other choices.

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