In this regard it is apparent that arbitration is

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court appoints judges to various situations without the input from the conflicting parties. In this regard, it is apparent that arbitration is appropriate as it allows the parties to contribute towards selecting a decider to their disputes making the outcomes readily acceptable compared to court litigations that are often characterized with appeals that delay the process (Estlund, 2017). Similarly, arbitration involves outstanding expertise since arbitrators are often selected from a pool of professionals with the ability to comprehend issues, document, and scrutinize liability, and damages associated with different disputes involving organizations. Trial judges in most cases do not have the expertise essential for the resolution of particular organizational conflicts. Lastly, unlike the court litigation, statutory, case laws, and the conduct of trial do not bind the arbitrator's decisions. Notably, arbitrators are considerably flexible in their decision- making process. Therefore, the use of arbitration can save organizations from lawsuits from employs after termination (Estlund, 2017). Executory contracts involve agreements from two gatherings where they learn terms to be satisfied on a later date. Notably, this type of the accords outlines various obligations that each of the parties is required to perform before the terms of the agreement are entirely executed. Organizations currently include mandatory arbitration of every employment disputes in written employment contracts, employee handbooks, and other job applications that become binding both parties applying for the employment. However, legal experts consider executory arbitration illegal as it denies the parties the right to come together in legal actions. Most courts in the United States have struck down arbitration clauses that bar employees from battling the
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MEMO 4 employer one by one in court. Executory arbitration violates the federal labor laws in most states since it denies employees the opportunity to pursue justice through public justice systems led by a judge or jury. In this regard, it is evident that executory arbitration is not a legal way of handling disputes in an organization (Weston, 2015).
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  • Spring '16
  • Estlund

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