Synopsis By: Lurie - Proceeding Author: Harry T. Edwards, Alex Reinert

A mock arbitration and trial – by judge and by jury – of a single set of stipulated facts, reveals the differences between each adjudicatory process. The elements of the case involve just cause, the Federal ADA, and a state law against discharge due to mental disability. Judge Edwards’ instructions to the jury include a concise statement of the ADA elements to be proven. The outcomes vary: the litigative approach results in an assessment of legalities, while the arbitrator functions as more of a problem solver. The statutory assessment admits of fewer remedial possibilities than does arbitration.