Anything but Arbitrary: Actors and Outcomes of Employment Rights Arbitration

ScalesWhat factors impact employment rights arbitration? Can the gender of the arbitrator effect the amount rewarded? Is their a correlation between employer-scale and win rates? In the article, “Individual Employment Rights Arbitration in the United States: Actors and Outcomes,” published in ILR Review, Alexander J. S. Colvin and Mark D. Gough analyze statistics from employment arbitration cases over an 11-year period in an effort to see what factors influence the outcome of employment rights arbitration cases.

The abstract:

The authors examine disposition statistics from employment arbitration cases administered over an 11-year period by the American Arbitration Association (AAA) to investigate the process of dispute resolution in this new institution of employment relations. ILR_72ppiRGB_powerpointThey investigate the predictors of settlement before the arbitration hearing and then estimate models for the likelihood of employee wins and damage amounts for the 2,802 cases that resulted in an award. Their findings show that larger-scale employers who are involved in more arbitration cases tend to have higher win rates and have lower damage awards made against them. This study also provides evidence of a significant repeat employer-arbitrator pair effect; employers that use the same arbitrator on multiple occasions win more often and have lower damages awarded against them than do employers appearing before an arbitrator for the first time. The authors find that self-represented employees tend to settle cases less often, win cases that proceed to a hearing less often, and receive lower damage awards. Female arbitrators and experienced professional labor arbitrators render awards in favor of employees less often than do male arbitrators and other arbitrators.

You can read “Individual Employment Rights Arbitration in the United States: Actors and Outcomes” from ILR Review free for the next two weeks by clicking here. Want to know all about the latest research from ILR Review? Click here to sign up for e-alerts!

This entry was posted in Employee Satisfaction, Employees, employers, Uncategorized and tagged , , , , by Cynthia Nalevanko, Editor, Management INK. Bookmark the permalink.

About Cynthia Nalevanko, Editor, Management INK

Founded in 1965, SAGE is the world’s leading independent academic and professional publisher. Known for our commitment to quality and innovation, SAGE has helped inform and educate a global community of scholars, practitioners, researchers, and students across a broad range of subject areas. With over 900 employees globally from principal offices in Los Angeles, London, New Delhi, Singapore, and Washington DC, our publishing programme includes more than 560 journals and over 800 books, reference works and databases a year in business, humanities, social sciences, science, technology and medicine. Believing passionately that engaged scholarship lies at the heart of any healthy society and that education is intrinsically valuable, SAGE aims to be the world’s leading independent academic and professional publisher. This means playing a creative role in society by disseminating teaching and research on a global scale, the cornerstones of which are good, long-term relationships, a focus on our markets, and an ability to combine quality and innovation. Leading authors, editors and societies should feel that SAGE is their natural home: we believe in meeting the range of their needs, and in publishing the best of their work. We are a growing company, and our financial success comes from thinking creatively about our markets and actively responding to the needs of our customers.

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