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

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.