Originially from: World Arbitration and Mediation Review (WAMR)

Alternative Dispute Resolution
In Higher Education
by
James Scott Fargason, LL.M., C.P.A., C.F.E.
Faculty, Louisiana State University School of Business

Abstract
Each year, universities and colleges are faced with numerous
claims and grievances filed by students, faculty, and staff. Some of these
claims eventually go to litigation, costing the institution valuable time and
money. One of the ways to mitigate costs is to submit disputes to
mediation, arbitration, or administrative resolution. While some
institutions have elaborate frameworks for dispute resolution, others have
none at all. This article describes a variety of policies, procedures, and
practices for dispute resolution that are in place at various colleges and
universities.
Introduction
Research indicates that employee-initiated lawsuits are on the rise.
This is especially true for race and gender-based discrimination claims.
Alternative Dispute Resolution (ADR) is a means by which employers can
reduce the high costs associated with this type of litigation.1 ADR
mechanisms are generally more expeditious than a civil jury trial and
avoid negative publicity. Moreover, the types of claims that can be
resolved by arbitration or mediation are broad, including claims under
Title VII, the Americans with Disabilities Act, and other statutory
frameworks.2 These features can be very appealing to university human
resource administrators who are seeking to resolve disputes in a timely
and efficient manner. Universities have adopted a variety of practices
with respect to dispute resolution. The evidence suggests that existing
university practice is heterogeneous, with some universities implementing
elaborate resolution schemes, while others have no policy or procedure
addressing alternatives to litigation for solving disputes.