MANAGING UNIVERSITY/STUDENT CONFLICT BY IMPLEMENTING MANDATORY ARBITRATION AS A CONDITION OF ENROLLMENT: PRESERVING INSTITUTIONAL COST AND REPUTATION

Joshua E. Bienstock, New York Institute of Technology, Westbury, New York, U.S.A.
Amr Swid, New York Institute of Technology, Westbury, New York, U.S.A.
Anne L. Brown, New York Institute of Technology, Westbury, New York, U.S.A.

Published in

INTERNATIONAL JOURNAL OF BUSINESS RESEARCH
Volume 18, Issue 3, p5-14, October 2018

ABSTRACT

The purpose of this paper is to introduce a framework to examine the viability of requiring mandatory arbitration as a condition of enrollment to resolve student-based grievances, complaints and disputes at institutes of higher education in the United States. Mandatory arbitration has increasingly been adopted by businesses to resolve consumer and non-consumer complaints and disputes, largely due to its advantages in permitting such businesses to avoid litigation, protect reputation and maintain confidentiality. Despite its increasing use by many U.S. businesses, research indicates that few, if any, U.S. universities or colleges have instituted mandatory arbitration processes to address student-based disputes. The research will provide data to explore the feasibility of utilizing mandatory arbitration to resolve student complaints on U.S. university and college campuses and from which specific recommendations for formal, informal, and rational approach(es) to resolve such disputes may be drawn. One hundred (100) U.S. university and college administrators will be asked to participate in a quantitative research project. In addition, ten (10) focus group interviews will be used to verify and validate the research outcomes. By applying the knowledge provided through the study, universities will be able determine if mandatory arbitration is a viable option for resolving student-based complaints and disputes on campus.

Keywords

arbitration, mediation, mandatory, compulsory, forced, university, college, student, complaint, dispute, resolution


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