Comparative Alternative Dispute Resolution for Individual Labor Disputes in Japan, China, and the United States: Lessons from Asia?

(Excerpt) Existing mediation and arbitration institutional procedures each have their own time and cost considerations. This Article proposes that perhaps consideration of the models of ADR used in labor disputes in Japan, China, and the U.S. may provide some guidance in possible redesigning of current ADR systems. Also, this Article proposes that MNCs consider the advantages of increased use of meaningful internal mediated settlement procedures in terms of time, cost, and finality through the bypassing of outside institutional procedures. Whether they may legally displace regulatory requirements is another question and may vary by country and by the final method of settlement.

Employees can also be benefitted when these internal mediation and arbitration processes contain sufficient due process-like protections, including an unbiased decisionmaker operating outside the control of the employer.