Pros & Cons of ADR vs. Trial,

Let's assume that you have just been hired as an associate attorney at a large New York law firm. Prior to starting, you receive a collection of forms in the mail to sign prior to your first day of work. One of these forms includes a clauses that requires you to submit any and all claims including any possible sexual harassment or sexual discrimination claimsbetween you and the firm to arbitration. While you believe that this clause violates recent Supreme court case law, you sign the contract because you need to repay your student loans.

Please discuss the difference between arbitration and mediation. What are the benefits and negatives of each form of alternative dispute resolution method? Why do some litigants opt to go to trial despite the benefits of mediation and arbitration? To support your argument, please find an article on the internet or on Nexis Uni that addresses the pros and cons of arbitration, mediation, and going to trial.