Chapter 4 Alternative Dispute Resolution September 22nd 2014 4 5 Public Policy Legislation and Alternative Dispute Resolution Learning Objectives Explore potential restrictions upon ADR Review points of access to government to change public policy Examine the Arbitration Fairness Act Bill Arbitration Fairness Act of 2009 AFA Bill that if passed would invalidate mandatory arbitration requirements for consumers in B2C disputes and employees in B2E disputes and in disputes involving violations of civil rights Passing the AFA by the Congress can be an example of one branch of government checking another branch s power as contemplated by the U S Constitution o Checking of power maintains relative balance among the branches Policy Plan of course of action that directs or influences decisions or processes to desired outcomes or objectives Consumers and employees who do not like the FAA s current broad interpretation can work within the government system to change the law In the United States the policy process is open for participation though changes take much work and time o People with special interests have to coalesce and press for changes in the law to reflect policy process positions
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