Tackling Employment Discrimination with ADR: Does Mediation Offer a Shield for the Haves or Real Opportunity for the Have-Nots

Authors

Michael Z. Green, Texas A&M University School of LawFollow

Document Type

Article

Publication Date

9-2005

Journal Title

Berkeley Journal of Employment and Labor Law

ISSN

1067-7666

Abstract

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.

First Page

321

Last Page

361

Volume Number

26

Issue Number

2

Publisher

University of California Berkeley School of Law

Recommended Citation

Michael Z. Green, Tackling Employment Discrimination with ADR: Does Mediation Offer a Shield for the Haves or Real Opportunity for the Have-Nots, 26 Berkeley J. Emp. & Lab. L. 321 (2005).
Available at: https://scholarship.law.tamu.edu/facscholar/536