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In the Foreword to the first Annual Report of the Commissioner for the Rights of Trade Union Members, Mrs.Gill Rowlands says “As Commissioner I am able to provide material assistance to union members contemplating or taking certain proceedings in connection with … matters specified [in] … the 1988 Act. If assistance is granted, the applicant will know that he/she will not be placed at a disadvantage by a lack of ability to obtain legal advice or pay legal costs in connection with those proceedings.”

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

The paper aims to investigate why organizations often opt to reject Equal Employment Opportunity Commission (EEOC)-sponsored mediation of employment disputes (in contrast to employees who tend to readily agree to it). It is guided by recent research associated with Shapiro and Kirkman’s (1999, 2001) theory of “anticipatory justice”, whereby (in)justice is anticipated, or expected, when people think about an event they have not yet experienced whose likely fairness they are questioning. In contrast, “organizational justice” reflects people’s retrospective assessments of how fair they have been treated to date.

The paper relied upon data made available by the mediation program administered by the US EEOC. The EEOC provided the names and contact information for the officially designated EEOC contacts for each dispute. The authors distributed surveys to each of these organizational representatives and received completed surveys from 492 organizations (a response rate of 85.8 per cent).

The authors tested the extent to which organizational representatives’ decision to accept or reject mediation as a means of settling discrimination claims is influenced by representatives’ expectation of more versus less fair treatments – by the opposing party as well as by the third-party mediator – during the mediation procedure. The pattern of findings in the study support all hypotheses and, thus, also the expectation-oriented theories that have guided them.

The study relies on self-reports. However, this concern is somewhat lessened because of the salience and recency of events to the time of surveying.

The paper provides new insights on the need for organizations to implement rules, policies and procedures to constrain decision-maker choices consistent with organizational goals. The authors offer specific procedural proposals to reduce this organizational tendency to reject mediation.

Employee grievances are costly to organizations in terms of finances, reputation and to the emotional climate of the organization. Moreover, it is similarly costly to employees. This study provides new insights to better understand why employees (as opposed to organizations) are almost three times more likely to elect mediation of employment disputes. As such, it offers some promising ideas to narrow that gap.

The paper investigates a little-studied phenomenon – the differential participation rate of employees versus organizations in EEOC-sponsored mediation.

A survey is presented of areas of Internet law of most interest to information professionals. Two sets of issues are presented; general concerns of information law as applied to the Web, and particular problems of law found only on a distributed network. Because of the global reach of the network, existing legal frameworks are only partially effective. Scope is identified for both authors and users to specify for themselves what levels of organisation and protection they require and to engage directly with other members of the community requiring information and access. It is suggested that information specialists of all types are well placed to lead the development of Web resources in the context of an information society.

There is growing evidence that, with some notable exceptions, the use of patents to gain or protect market objectives is not successful in industry today.

This chapter focuses on dispute resolution in French labor courts. We empirically investigate the forces that shape decision-making in the pretrial conciliation phase. For that purpose, we compiled a new database from legal documents. The results are twofold. First, conciliation is less likely when plaintiffs are assisted by a lawyer. Although this result might be interpreted in various ways, further analysis shows that the lawyers’ remuneration scheme is the most likely cause of this effect. Second, we find that the likelihood of settlement decreases as the amount at stake increases. These results contribute to the ongoing debate about French labor court reform.

Defendant offers into court is common procedural device aimed at increasing the probability that pre‐trial negotiations will lead to out of court settlement. Both in the UK following the Woolf Report and the Cullen Report and in the USA, the idea of extending the arrangement to plaintiff offers into court has been suggested. This paper presents an extension of the theoretical work by Chung on defendant offers into court under the US rule to cover the English rule and to extend to two‐way offers into court. It also reports on experiments conducted to measure the effect of moving to two‐way offers into court. The results suggest no impact on the propensity to settle and a statistically significant but empirically modest movement of settlement in favour of the plaintiff.

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides: