$10)$ please answe the question: The individual needs to read the fictional scenario as well as the ADR process information. Then please answer the questions $($A through D$)$: A$)$ What would the individual do if they were Emily? Can the individual fight the arbitration clause? B$)$ Why and how? C$)$ Let$$s pretend that the individual couldn't fight it$.$ What type of ADR seems best to the individual, mediation, arbitration, or another option? $($Note: The individual needs to think about the advantages and disadvantages of each type$).$ D$)$ Why?

$($Note: Please give me a well$-$developed paragraph$).$

Fictitious scenario: Emily Johnson, an accountant at H&R Block in Los Angeles California, recently received an email from her boss telling her she had to sign an arbitration agreement with the company. The agreement stated that any potential lawsuits between Emily and the company would have to be resolved by way of binding arbitration. Despite her reservations, Emily signed the agreement because she couldn't afford to lose her job. Months later, she encountered a serious workplace dispute and sought legal advice. To her surprise, she learned that in California, such arbitration agreements are often unenforceable. According to California law, particularly under California Labor Code Section $432\mathrm{.}6($a$),$ employers cannot require employees to sign arbitration agreements as a condition of employment, and any agreement obtained in such a manner is deemed unenforceable. The law states: $"$No person shall require another person to waive any right, forum, or procedure for a violation of any provision of the California Fair Employment and Housing Act $($FEHA$)$ or this code, as a condition of employment, continued employment, or the receipt of any employment$-$related benefit. An employer shall not threaten, retaliate, or discriminate against any person who refuses to sign such an agreement."

ADR Process: Facilitated Partnering

Powers of the Parties Retain: Decisions and assessments about facts, law, outcome. Unilateral action is discouraged, however. Unless otherwise provided by contract, the parties retain the power to end the process at any time.

Powers the Parties Surrender: Some degree of the communication process. The neutral can raise issues, and press for answers. The power of unilateral action is surrendered. An effective partner acts collaboratively to help the other partners satisfy their interests.

Observations: This is a very good method to assure that disputes are addressed early, and at the lowest level.

ADR Process: Facilitative Mediation

Powers of the Parties Retain: Decisions and assessments about the facts, law and outcome.The parties retain the power to end the mediation at any time.

Powers the Parties Surrender: The mediator has authority to control the communication process.The mediator may also make suggestions regarding possible solutions.

Observations: This is also good very early in a dispute, before the parties have built a high level of distrust.

ADR Process: Evaluative Mediation

Powers of the Parties Retain: Decisions about the fact, law, and outcome.

Powers the Parties Surrender: The mediator controls the communications process, and is given freedom to assess the strengths and weaknesses of factual and legal issues.

Observations: Evaluative mediation is often the most effective form of ADR when contract performance is over. In such cases, the dispute is often about money or time, with little opportunity for creative solutions.

ADR Process: Non$-$binding Arbitration

Powers of the Parties Retain: They define the extent of information exchange procedures in the Arbitration Agreement.They retain the decision about ultimate outcome.

Powers the Parties Surrender: The arbitrator enforces the information exchange process that the parties outlined in the Arbitration Agreement.

The arbitrator has the power to make findings about the facts and law.

Observations: Arbitration comes in many forms. The degree of latitude to accept or reject the arbitrator$$s award may be adjusted in the Arbitration Agreement. The parties could do pure reject or accept, or they could establish parameters for the decision to reject.

ADR Process: Binding Arbitration

Powers of the Parties Retain: The parties define the procedures in their Arbitration Agreement, but then retain little more.The parties have limited rights to have the matter reviewed by a court.

Powers the Parties Surrender: The arbitrator has the power to make findings of fact, law, and decide the outcome.

Observations: Binding arbitration is good when further negotiation will be fruitless, and where the parties want either a faster, simpler, or less costly process than litigation. It is also good if the parties want a subject matter expert $($like an engineer$)$ decide the case.