程序正义的困境——正当程序与国家政策之间的拉锯

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【作者】凯瑟琳.V.W.斯通

【内容提要】

In the past decade, there has been an enormous increase in the use of alternative dispute resolution (ADR) in the workplace. Today, most large corporations have some system of ADR in place, be it a formal grievance procedure, an ombudsman, an open door policy, or a complaint hotline. One particularly controversial form of ADR is the use of arbitration in the nonunion setting.The first involves using ADR to reinforce and apply existing workplace values.The second involves using ADR to change the normative life of the community and inject external notions of racial and gender justice.Each model applies to different types of disputes, although it would be easy to imagine a dispute that could be characterized as both. In such a case it would be necessary to consider what to do with the overlap. For present purposes, however, the larger question is can the models co-exist? Does building up one type of ADR system undermine the possibilities for the second?

【关键词】alternative dispute resolution, nonunion arbitration systems

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