The Devil Is in the Details
Attorney Effects on Employment Arbitration Outcomes
Bibliographic Data
| ID | 3471187 |
|---|---|
| Authors | J Ryan Lamare (0000-0003-4935-2341, J. Ryan Lamare is an Associate Professor at the School of Labor and Employment Relations, University of Illinois, Urbana-Champaign, corresponding author) |
| Year | 2020 |
| Volume | 73 |
| Issue | 2 |
| Pages | 456-478 |
| Publication date | 2020-03-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Industrial and Labor Relations Review (JOURNAL) |
| Journal identifiers | ISSN: 0019-7939 • E-ISSN: 2162-271X |
| Publisher | SAGE Publications Inc (PUBLISHER) |
| DOI | 10.1177/0019793919877404 |
| OpenAlex | W2976794591 |
| Language | EN |
| Citations received | 3 |
| References cited | 25 |
Conventional wisdom holds that hiring an attorney will improve outcomes for non-union employees who take individual rights complaints to arbitration. The limited empirical scholarship on this topic, however, rarely accounts for the concurrent influence of employer representatives or for differences in attorney characteristics. The author analyzes all arbitration awards rendered within the securities industry for cases filed at the implementation of its ADR program through 2007. Findings show that hiring an attorney benefits employees, but only in the rare instances when employers do not include an agent. In addition, the author examines lawyers' biographical records to determine attorney quality differences and their effects on outcomes conditional on both sides having legal counsel. Findings show that employee and employer attorney characteristics differ and have grown more pronounced over time. These differences can affect awards, particularly to the benefit of employees. The author concludes that although simply hiring any attorney will not redress systematic imbalances within employment arbitration, lawyers are important to the system and certain types of representatives can affect the outcomes of arbitration
Affect (linguistics) · Arbitration · Business · Political science · Quality (philosophy) · Redress · Scholarship · Judicial and Constitutional Studies · Labor Movements and Unions · Law · Law, Economics, and Judicial Systems · Psychology
Ambiguity and choice in organizations
Estimating the Payoff to Attending a More Selective College
A behavioral theory of the firm
Attorney Expertise, Litigant Success, and Judicial Decisionmaking in the U.S. Courts of Appeals
Bargaining and the Role of Expert Agents
In Defense of Youth
Do Rankings Matter? The Effects of U.S. News & World Report Rankings on the Admissions Process of Law Schools
Repeat Players in the Supreme Court
The Iron Cage Revisited
Elements of Professional Expertise
The Value of Counsel
Individual Employment Rights Arbitration in the United States
DoestheLawyer Matter? Influencing Outcomes on the Supreme Court of Canada
Why the "Haves" Come Out Ahead
The Impact of Attorneys and Arbitrators on Arbitration Awards
Resolving Discrimination Complaints in Employment Arbitration
Institutional Isomorphism Revisited
| Unique citing works | 3 |
|---|---|
| Citations per year | 0.6 |
| Citation span | 2021 - 2025 (5) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 3 |