James G. Scoville

I PREFER TO ARBITRATE IN THE GREATER MIDWEST BUT I WILL TRAVEL ANYWHERE.
Chicago, Illinois 60601

651-690-0883



Areas Of Arbitration

Discrimination
Employee Benefit Plans
Employment
Labor
Sexual Harassment
Wage and Hour
Workers' Compensation
Workplace
Wrongful Termination

 
 



Occupation:
Professor Emeritus, Arbitrator

Email Address:
[email protected]

Degree(s):
AB, Oberlin College, 1961; AM, Harvard Univ., 1963; PhD, Harvard Univ., 1965

Per Diem:
$1,000

Postponement Charge:
10 days or less before a scheduled hearing: one day; more than 10 days before a scheduled hearing: 1/2 day

Cancellation:
10 days or less before a scheduled hearing: one day; more than 10 days before a scheduled hearing: 1/2 day

Additional Charges:
One day minimum for a hearing; no charge for travel time if completed on day of hearing.

Employment History:
Professor of Industrial Relations, Univ. of Minnesota (1979-2008); Professor of Labor and Industrial Relations, Univ. of Illinois (1969-79); Assistant Professor, Harvard Univ. (1966-69); Economist, International Labor Office (1965-66)

Memberships/Associations:
American Economic Association, Labor and Employment Relations Association (LERA) and International Labor and Employment Relations Association.

Neutral Listings:
MN Bureau of Mediation Services
Neutral Experience:
1980-present; wide range of public sector (Fire, police, education, transit, clerical, corrections, hospitals) and private industry (manufacturing, construction, services, communications, etc).

AAA:
NO

FMCS:
YES

Arbitration, a form of alternative dispute resolution (ADR), is a technique for the resolution of disputes outside the courts. The parties to a dispute refer it to arbitration by one or more persons (the "arbitrators", "arbiters" or "arbitral tribunal"), and agree to be bound by the arbitration decision (the "award"). A third party reviews the evidence in the case and imposes a decision that is legally binding on both sides and enforceable in the courts.

Other forms of ADR include mediation  (a form of settlement negotiation facilitated by a neutral third party) and non-binding resolution by experts. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts.

Arbitration can be either voluntary or mandatory (although mandatory arbitration can only come from a statute or from a contract that is voluntarily entered into, where the parties agree to hold all existing or future disputes to arbitration, without necessarily knowing, specifically, what disputes will ever occur) and can be either binding or non-binding. Non-binding arbitration is similar to mediation in that a decision can not be imposed on the parties. However, the principal distinction is that whereas a mediator will try to help the parties find a middle ground on which to compromise, the (non-binding) arbitrator remains totally removed from the settlement process and will only give a determination of liability and, if appropriate, an indication of the quantum of damages payable. By one definition arbitration is binding and so non-binding arbitration is technically not arbitration.

Arbitration is a proceeding in which a dispute is resolved by an impartial adjudicator whose decision the parties to the dispute have agreed, or legislation has decreed, will be final and binding. There are limited rights of review and appeal of arbitration awards. Arbitration is not the same as:

judicial proceedings, although in some jurisdictions, court proceedings are sometimes referred as arbitrations
alternative dispute resolution (ADR)
expert determination
mediation

2093 Jefferson Avenue
Saint Paul, MN 55105

P: 651-690-0883
E: [email protected]
Publications
9/28/2017 8:35:56 PM
Description: The Ethics of Human Resources and Industrial Relations, John W Buddand James G Scoville, eds. (c) 2005 Labor and Employment RelationsAssociation. I co-authored Chapter 1, "Moral Philosophy, BusinessEthics and the Employment Relationship," and