The author explains why he deems it advisable for management to encourage submission of ADA claims to arbitration. He notes the relevance of Gilmer (in which the Supreme Court ruled that an individual’s waiver of judicial enforcement of a statutory claim is enforceable, as opposed to waiver of such rights by the union for its members). And he notes that a union’s responsibilities to its members as a group will inevitably collide with its “equally compelling” responsibility to individual disabled members. The author also sets forth measures that can be taken to improve the prospect to judicial acceptance of an arbitrator’s decision in ADA cases.