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Book part
Publication date: 19 July 2016

Mark D. Gough

This chapter investigates attributes of an unexplored actor in the contemporary industrial relations system – plaintiff-side employment attorneys – and the premise that…

Abstract

Purpose

This chapter investigates attributes of an unexplored actor in the contemporary industrial relations system – plaintiff-side employment attorneys – and the premise that pre-dispute mandatory employment arbitration expands employee access to justice.

Methodology/approach

It presents data from a novel survey of 1,256 employment plaintiff attorneys and the universe of employment disputes administered by the five largest arbitration providers in the United States.

Findings

I report multiple measures indicating employment lawyers hold negative views of arbitration and that arbitration acts as a barrier to employee access to justice: A majority of attorneys say employment arbitration clauses have a positive impact on their willingness to reject a case for representation and a negative impact on their willingness to accept a client under a contingency-fee arrangement, and report negative perceptions of the fairness of outcomes and the adequacy of due process protections in arbitration relative to litigation. Furthermore, attorneys report accepting potential clients covered by arbitration agreements at half the rate of potential clients able to sue in court. Finally, arbitration and litigation filing statistics reveal no evidence that low-income or low-value claimants or claims are accessing the arbitration forum.

Originality/value

Novel data compiled here illuminate the institutional characteristics of plaintiff-side employment lawyers and the arbitration forum. They question the assertion that arbitration is an accessible dispute resolution forum for employment disputes relative to civil litigation.

Details

Managing and Resolving Workplace Conflict
Type: Book
ISBN: 978-1-78635-060-2

Keywords

Book part
Publication date: 8 January 2021

Mark Gough

There is good collaboration and there is bad collaboration. Which one do you want to do? Through the experience of the Natural Capital Coalition, the 10 steps for good…

Abstract

There is good collaboration and there is bad collaboration. Which one do you want to do? Through the experience of the Natural Capital Coalition, the 10 steps for good collaboration are set out to help us work with others to achieve more than we can alone.

Details

Generation Impact
Type: Book
ISBN: 978-1-78973-929-9

Keywords

Article
Publication date: 9 May 2008

Steve Berkman, Nancy Z. Boswell, Franz H. Brüner, Mark Gough, John T. McCormick, Peter Egens Pedersen, Jose Ugaz and Stephen Zimmermann

The purpose of this paper is to offer anti‐corruption experts' personal assessments of the progress international organizations have made in fighting corruption.

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Abstract

Purpose

The purpose of this paper is to offer anti‐corruption experts' personal assessments of the progress international organizations have made in fighting corruption.

Design/methodology/approach

This paper contains a survey of the viewpoints of a number of anti‐corruption experts who themselves are current or former staff of international organizations, or who – from their positions within the private sector or in non‐governmental organizations – are able to offer a unique and distanced perspective on the key corruption‐related issues and challenges facing international organizations today.

Findings

It is agreed that international organizations today are at a cross‐roads in their individual and collective fight against corruption. International organizations must weather the corruption scandals that have recently plagued several organizations, and must confront the question of whether their staffs, boards, and member governments indeed have the ability, will, and commitment to fight corruption. To address these challenges, international organizations must adopt proactive investigative strategies when combating corruption, seek greater cooperation with each other, and must ensure that their respective investigation units have the necessary resources and independence to effectively detect, investigate, and prevent corruption.

Originality/value

The paper offers a realistic prognosis on the future of the anti‐corruption movement within and among international organizations.

Details

Journal of Financial Crime, vol. 15 no. 2
Type: Research Article
ISSN: 1359-0790

Keywords

Content available
Book part
Publication date: 8 January 2021

Abstract

Details

Generation Impact
Type: Book
ISBN: 978-1-78973-929-9

Content available
Book part
Publication date: 19 July 2016

Abstract

Details

Managing and Resolving Workplace Conflict
Type: Book
ISBN: 978-1-78635-060-2

Abstract

Details

Managing and Resolving Workplace Conflict
Type: Book
ISBN: 978-1-78635-060-2

Content available
Book part
Publication date: 25 October 2021

Curie Scott

Abstract

Details

Drawing
Type: Book
ISBN: 978-1-83867-325-3

Article
Publication date: 1 January 1975

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous…

Abstract

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis rather than as a monthly routine affair.

Details

Managerial Law, vol. 18 no. 1
Type: Research Article
ISSN: 0309-0558

Content available
Book part
Publication date: 14 September 2020

Eva Tutchell and John Edmonds

Abstract

Details

Unsafe Spaces
Type: Book
ISBN: 978-1-78973-062-3

Article
Publication date: 21 February 2020

Alison Leary, Robert Cook, Sarahjane Jones, Mark Radford, Judtih Smith, Malcolm Gough and Geoffrey Punshon

Incident reporting systems are commonly deployed in healthcare but resulting datasets are largely warehoused. This study explores if intelligence from such datasets could…

Abstract

Purpose

Incident reporting systems are commonly deployed in healthcare but resulting datasets are largely warehoused. This study explores if intelligence from such datasets could be used to improve quality, efficiency, and safety.

Design/methodology/approach

Incident reporting data recorded in one NHS acute Trust was mined for insight (n = 133,893 April 2005–July 2016 across 201 fields, 26,912,493 items). An a priori dataset was overlaid consisting of staffing, vital signs, and national safety indicators such as falls. Analysis was primarily nonlinear statistical approaches using Mathematica V11.

Findings

The organization developed a deeper understanding of the use of incident reporting systems both in terms of usability and possible reflection of culture. Signals emerged which focused areas of improvement or risk. An example of this is a deeper understanding of the timing and staffing levels associated with falls. Insight into the nature and grading of reporting was also gained.

Practical implications

Healthcare incident reporting data is underused and with a small amount of analysis can provide real insight and application to patient safety.

Originality/value

This study shows that insight can be gained by mining incident reporting datasets, particularly when integrated with other routinely collected data.

Details

International Journal of Health Care Quality Assurance, vol. 33 no. 2
Type: Research Article
ISSN: 0952-6862

Keywords

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