Dispute Summary

Essay by davelong13University, Bachelor'sA, February 2007

download word file, 5 pages 3.7


According to the syllabus, "Alternative Dispute Resolution (ADR) is an important aspect of the court's structure in that it allows disputes to be resolved without the need for

litigation" (Augenstein). This paper will examine a past dispute involving an employee,her supervisor, and her company. It will summarize the dispute and provide an analysis of the effectiveness of the dispute resolution process. Additionally, this paper will address the following questions: "If the case was not resolved by ADR or

administratively, what options did the plaintiff have to proceed to litigation? What courts would have addressed this issue?" (Augenstein).

Dispute Summary

In this case, the Claimant "was employed by Respondent as an administrative assistant to the supervisor of Plant Operations on July 7, 1999" (Bates). The plaintiff

claimed, "from the beginning of her employment until she resigned her employment on April 5, 2000 (nine months later) she was subjected to hostile environment sexual

harassment that caused her to resign her employment" (Bates).

As a result, the Claimant is seeking "$25,000 in compensatory damages for emotional distress, loss of enjoyment of life and damage to her marriage, $150,000 in punitive damages and $25,000 in attorney fees" (Bates). The case was brought "pursuant to Title VII of the Civil Rights

Act of 1964 (42USC 2000E,et seq) and the state Civil Rights Act RSMO 213.010et seq" (Bates).

Before examining the effectiveness of the dispute resolution process in this case, let us further examine some of the facts of this case, as found by the arbitrator. The Claimant's supervisor made sexually explicit comments to the Claimant starting almost as soon as she began her employment in July 1999. The arbitrator found that "a

reasonable person would find those sexually specific comments to be offensive" (Bates).

The Claimant's supervisor never "engaged in any behavior that...