Employment Arbitration and Workplace Justice

SOME CVIL RIGHTS lawyers look at the growth of employment arbitration and see the end of workplace justice. Others see an exciting opportunity to create workplace justice. How can this be possible? How can attorneys with the same values see the same development in diametrically opposite ways?

The heart of the answer lies less in these attorneys' different perceptions of alternative dispute resolution ("ADR") than in their different perceptions of the civil justice system. Different attorneys have conflicting opinions on how well the civil justice system provides workplace justice and these opinions shape their attitudes regarding arbitration in the workplace.