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A fragmented and heavily privatized dispute resolution system: The United States

Author

Listed:
  • Ariel C. Avgar
  • Alexander J. S. Colvin
  • Harry C. Katz
  • Katrina G. Nobles

Abstract

The United States possesses a highly fragmented and decentralized set of mechanisms addressing work‐related conflicts and disputes. There are consequential differences in how workplace conflicts are resolved across the following settings—union and nonunion or collective and individual, public and private sectors, traditional and nonstandard employment models, and public and private forums. An important trend is the growing influence in the nonunion sector of ‘private justice’ provided in employment arbitration and conflict management systems as a replacement for ‘public justice’, and in the union sector, private neutrals also play a key role.

Suggested Citation

  • Ariel C. Avgar & Alexander J. S. Colvin & Harry C. Katz & Katrina G. Nobles, 2023. "A fragmented and heavily privatized dispute resolution system: The United States," Industrial Relations Journal, Wiley Blackwell, vol. 54(4-5), pages 304-320, July.
    • Handle: RePEc:bla:indrel:v:54:y:2023:i:4-5:p:304-320
    DOI: 10.1111/irj.12409
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    References listed on IDEAS

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    1. Laura Beth Nielsen & Robert L. Nelson & Ryon Lancaster, 2010. "Individual Justice or Collective Legal Mobilization? Employment Discrimination Litigation in the Post Civil Rights United States," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 7(2), pages 175-201, June.
    2. Thomas Kochan & David B. Lipsky & Mary Newhart & Alan Benson, 2010. "The Long Haul Effects of Interest Arbitration: The Case of New York State's Taylor Law," ILR Review, Cornell University, ILR School, vol. 63(4), pages 565-584, July.
    3. Ariel C. Avgar, 2021. "Relational Exchange in Non-union Firms: A Configurational Framework for Workplace Dispute Resolution and Voice," ILR Review, Cornell University, ILR School, vol. 74(3), pages 607-636, May.
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