Tackling Employment Discrimination with ADR: Does Mediation Offer a Shield for the Haves or Real Opportunity for the Have-Nots?
Michael Z. Green
Texas A&M University School of Law
Berkeley Journal of Employment and Labor Law, Forthcoming
This paper explores the benefits of using mediation in addressing employment discrimination disputes. It highlights the difficulties for those who expect too much out of mediation by expecting it to transform relations while exposing concerns with those who limit mediation's potential by supporting mythical notions about mediators being neutral. The paper suggests that employers develop comprehensive conflict resolution systems and include mediation as a process that is case-specific and focused on the needs of all parties and not the needs of the mediator.
Number of Pages in PDF File: 42
Keywords: discrimination, employment, mediation, ADR, dispute resolution
JEL Classification: K31, J52
Date posted: January 27, 2006