Saturns and Rickshaws Revisited: What Kind of Employment Arbitration System has Developed?

Abstract

[Excerpt] In this article, we examine a new, more detailed dataset of employment arbitration cases administered by the American Arbitration Association (AAA), which includes information on many important aspects of these cases that are not included in the California Code of Civil Procedure disclosure requirements. With the availability of this new data, we are able to revisit Estreicher's argument and look at the question of whether employment arbitration has become a new Saturn system of justice providing better access to employees and to what degree it is different from the Cadillac-Rickshaw system of justice in employment litigation. We begin by describing our new data and then turn to examining what it tells us about employment arbitration as a system of justice providing access to employees.Colvin69_Saturns_and_rickshaws.pdf: 325 downloads, before Oct. 1, 2020