The fastest growing area of the law today is alternative dispute resolution (ADR). The Illinois State courts have evoked mandatory arbitration of cases.
The oldest and most established form of ADR is labor arbitration and mediation and conciliation. Arbitration, the hearing and determination of a controlling between labor and management by a person chosen by the parties instead of a judicial tribunal pursuant to the terms of the agreement usually through Federal Mediation and Conciliation Service (FMCS) or the American Arbitration Association (AAA).
Threshold questions often arise as to whether the matter is even subject to arbitration which can be resolved by the courts or the arbitrator. Thereafter the award may be subject to a court challenge on a motion to vacate the award often on public policy grounds.
The NLRB as a matter of policy will defer processing an unfair labor practice charge while the matter is being resolved through the parties grievance arbitration machinery under the Board’s Collyer Insulated Wire and Spielberg Doctrine.
Arnold and Kadjan, LLP is adept at the presentation of arbitration cases, research and writing of post arbitral briefs and the specialized research and treatises on the subject.