An Examination Into the Feasibility of Court-Annexed Arbitration of Title Vii Claims
Christovich, Leslie Jean
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https://hdl.handle.net/2142/69807
Description
Title
An Examination Into the Feasibility of Court-Annexed Arbitration of Title Vii Claims
Author(s)
Christovich, Leslie Jean
Issue Date
1984
Department of Study
Political Science
Discipline
Political Science
Degree Granting Institution
University of Illinois at Urbana-Champaign
Degree Name
Ph.D.
Degree Level
Dissertation
Keyword(s)
Political Science, General
Abstract
The purpose of this dissertation is to examine the feasibility of adopting a system called court-annexed arbitration for the resolution of Title VII (Civil Rights Act of 1964) employment discrimination claims in the U.S. District Court for the Northern District of Illinois. Court-annexed arbitration, as it is used here, is arbitration supervised by the courts.
The feasibility analysis used two evaluation approaches--needs assessment and implementation feasibility analysis. The needs assessment employed a survey instrument to question employment discrimination claimants about their litigation experiences. The survey sought to determine if these claimants perceived the litigation process to br fair and what factors they considered important to receiving a fair hearing. Attorneys practicing employment law in the Chicago area were also surveyed in order to obtain their views on the use of court-annexed arbitration for the resolution of Title VII claims. Attorneys were asked if they would support such a process and what form court-annexed arbitration should take if it were adopted.
It was found that the overwhelming majority of responding claimants did not believe that the litigation process was fair. These perceptions were related to both the outcome of their case and to their perceptions of various aspects of the litigation process. It was further found that the responding attorneys favored the use of a voluntary system of court-annexed arbitration to resolve individual, factual Title VII claims. A trial de novo would not be available but the district court would hold appellate review. Based upon the findings of the two surveys and other factors affecting implementation feasibility, a model of court-annexed arbitration for the resolution of Title VII claims is proposed.
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