Alternative Dispute Resolution is a method of settling disputes without litigation. The two most widely used methods arearbitration and mediation. In arbitration parties to a dispute present their case to a panel of 1-3 persons by whose decisionthe parties have agreed to be bound, although less formal than a trial the arbitration hearing is ordered just as a trial but the rules are more relaxed. Mediation occurs when parties meet with a third-party (referred to as a mediator) who will hear both sides of the matter and offer then come up with a settlement for the parties as the parties have not agreed to be bound by the outcome, if the parties do not like the settlement offered by the mediator, they still have an opportunity to litigate the matter.

Read the following article about Ridesharing Giant Uber and one of its legal fights along with the accompanying case of https://www.oyez.org/cases/2017/16-285 which was just argued before the Supreme Court on October 2, 2017. https://arstechnica.com/tech-policy/2017/08/susan-fowler-engineer-who-challenged-uber-weighs-in-at-supreme-court/The brief filed by Ms. Fowler is attached for your reading pleasure, if you're interested although not required.

Provide your opinion about the case, should Uber be able to avoid litigation by forcing its drivers and/or employeesto arbitrate all legal matters? What other ADR cases can you find that involve administrative law?

 

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Answer The case involving Uber and its arbitration agreements with drivers raises important question... View the full answer