![]() ![]() These arguments are concocted to favor business. If this is so, then why not prefer arbitration? Advocates say that arbitration is quicker and less expensive for everyone. Much effort has been put into convincing the public that this is a great way to resolve any dispute, including employment disputes. In those cases, under the arbitration rules if an employee has a case for sexual harassment or racial discrimination, the arbitrator hears the facts and issues an award. Employers require arbitration as a mandatory term of employment. Thereafter, a court will enforce the arbitrator’s judgment the same way it enforces its own judgments. Even if the arbitrator makes a mistake, the parties usually have to accept the arbitrator’s decision. There is no jury and, usually, no appeals. Arbitration is where parties to a dispute agree to resolve it outside of court. The parties hire a third person, usually a retired judge, and their agreement determines the rules of how the arbitrator makes his or her decision.
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