1. What are the advantages and disadvantages of arbitration as compared with the status quo of litigation? Are there any other alternatives worth considering?
2. Is executory arbitration legal? Are there any circumstances under which such an agreement might not be enforceable?
3. Even if it is legal, how are such agreements viewed generally? Are they perceived as fair among the general public? Are there any potential repercussions in that respect worth considering?
4. What are the implications concerning arbitration in terms of precedent and privacy? Do arbitration decisions create legal precedent? If so, can employees disclose information discussed in arbitration hearings to other parties without the company’s consent, such that it may be used in subsequent disputes?