Problem
1) Weigh the pros and cons of arbitration for employers and employees. In what ways might arbitration be a beneficial option for businesses? What benefits might there be for employees? What potential drawbacks exist for each? When might the courts be a preferable option?
2) How do voluntary arbitration and binding arbitration compare? Who is likely to benefit most from forced arbitration? Explain your answer.
3) What reasons might a company have for preferring arbitration over litigation in sexual misconduct cases? Should cases of sexual misconduct in the workplace be limited to binding arbitration? Why or why not?
4) What will be the impact of having a litigation option for sexual misconduct cases? How will ending forced arbitration for sexual misconduct cases impact plaintiffs, defendants, and the courts?