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http://ssrn.com/abstract=1827063
 
 

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Mediation in Employment and Creeping Legalism: Implications for Dispute Systems Design


Lisa Blomgren Amsler (formerly Bingham)


Indiana University Bloomington - School of Public & Environmental Affairs (SPEA)

Susan S Raines


Kennesaw State University

Timothy Hedeen


Kennesaw State University

Lisa-Marie Napoli


Indiana University Bloomington - Political and Civic Engagement Program (PACE)


Journal of Dispute Resolution, Vol. 2010, No. 1, p. 129, 2010
Indiana University School of Public & Environmental Affairs Research Paper No. 2011-05-03

Abstract:     
This article will explore the question of creeping legalism in mediation of statutory disputes arising out of employment. First, it will briefly review the issue of creeping legalism in arbitration. Second, it will introduce dispute systems design (DSD). Third, it will review the analogous debate on legalism in mediation in three design contexts: evaluative mediation of employment disputes in the court-connected setting, grievance mediation embedded in the collective bargaining agreement, and transformative mediation of employment disputes in the United States Postal Service’s (USPS’s) REDRESS program. Most employees do not face a choice among mediation models; instead, they choose among adjudicative processes or mediation. Thus, the article will conclude by reporting the results of an interview study comparing USPS employees’ experiences in the EEO complaint process, grievance arbitration, and employment mediation. These results show that an individual employee complainant may benefit from a non-adversarial, non-legalistic, and voluntary mediation model that seeks to foster communication and mutual understanding.

Number of Pages in PDF File: 23

Keywords: mediation, arbitration, workplace

JEL Classification: D74, J52, J53

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Date posted: May 1, 2011 ; Last revised: July 9, 2013

Suggested Citation

Amsler (formerly Bingham), Lisa Blomgren and Raines, Susan S and Hedeen, Timothy and Napoli, Lisa-Marie, Mediation in Employment and Creeping Legalism: Implications for Dispute Systems Design. Journal of Dispute Resolution, Vol. 2010, No. 1, p. 129, 2010; Indiana University School of Public & Environmental Affairs Research Paper No. 2011-05-03. Available at SSRN: http://ssrn.com/abstract=1827063

Contact Information

Lisa Blomgren Amsler (Contact Author)
Indiana University Bloomington - School of Public & Environmental Affairs (SPEA) ( email )
1315 East Tenth Street
Bloomington, IN 47405
United States

Susan Summers Raines
Kennesaw State University ( email )
1000 Chastain Rd
Kennesaw, GA 30144
Timothy Hedeen
Kennesaw State University ( email )
1000 Chastain Rd
Kennesaw, GA 30144
United States
Lisa-Marie Napoli
Indiana University Bloomington - Political and Civic Engagement Program (PACE) ( email )
Bloomington, IN
United States
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