Originally from Dispute Resolution Journal

What elements should be considered in designing a dispute resolution process, using primarily arbitration,1 to handle or resolve diversity-related workforce disputes? The basis for this question, practically and theoretically, is that when one now refers to issues of diversity, one in effect is implicating federal and state antidiscrimination laws. In many instances, disputes that are referred to as diversity-related disputes are either founded on or have the potential of being imbued with statutory-based claims of discrimination. Consequently, we shall refer interchangeably to diversity-related workforce disputes and statutory-related workplace disputes. Given these premises, the overarching issue is how a dispute resolution process such as mediation or conventional arbitration might have to be modified or restructured in light of diversity-related disputes and in light of the evolving national public policy encouraging the private resolution of statutorybased employment conflicts.2