How Judicial Referees Could Help Avoid Pitfalls

Law360, New York (September 7, 2006, 12:00 AM EDT) -- The United States Supreme Court endorsed the use of binding arbitration to resolve employment disputes in 1991. Since that time, many employers have implemented policies of binding arbitration as a way to avoid the vagaries of a jury trial. Over the years, however, the pitfalls of binding arbitration have become evident - primary among them being that there is no ground to appeal an arbitrator's decision, even when the decision is contrary to applicable law.(1)

As a result, employers have been searching for alternative means of...
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