In Caley v. Gulfstream Aerospace Corp., 2005 U.S. App. LEXIS 23518 (11th Cir. October 31, 2005) an employee’s challenge to the employer’s adoption of a dispute resolution policy [DRP] was dismissed and the dismissal was affirmed on appeal. The plaintiffs’ continued employment after receipt of the policy and accompanying clear notice constituted assent to the DRP’s terms.
The DRP provided an exclusive procedure to resolve covered workplace disputes and when it was implemented it became a condition of continued employment. The DRP established a four-level dispute-resolution process, as follows: Level One: Human Resources Review; Level Two: Management Panel Review; Level Three: Mediation; Level Four: Arbitration. The DRP explained how each level would work and set forth specific discovery rules.
The opinion contains a fairly detailed presentation of the DRP – it’s worth reading! What do you think about this early intervention ADR program?
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