ARBITRATION IN HIGHER-EDUCATION - OPPORTUNITIES AND CHALLENGES

The concept of academic judgment continues to enjoy privileged status in academe. It is equally clear, however, that the legal environment w ithin which universities and colleges operate has changed sufficiently in the last twenty or so years that it has become harder than ever to justify discriminatory or arbitrary promotion and tenure employment d ecisions on the basis of academic judgment. Academic judgment cannot g rant perfect immunity and protect the university from the courts or th e arbitrators under all circumstances. Arbitration has proven to be ve ry useful in industry, and there is every indication it can provide a valuable service in academe as well. It is certainly more economical a nd less time consuming than litigation. It is a voluntary process both parties control to a large extent. The arbitrator is selected with mu tual agreement, and once the decision is rendered, the grievance can b e considered resolved for all practical purposes, and both parties can devote their energies to other pursuits.