Second writing assignment: This second and very brief quarter included a short

Second writing assignment:  This second and very brief quarter included a short chapter on arbitration.  Since we gave arbitration—an important topic–short shrift due to time constraints, I’d like to revisit it in our second writing assignment.
Let me say something first about the use of terms. The term arbitration has existed, as you know, in the federal lexicon at least since the Federal Arbitration Act (FAA) of 1925. That’s more than ninety years. A more recent, more widely used and more general term is alternate dispute resolution (ADR). What we need to know is that ADR includes but is not limited to arbitration. The other widely used type of ADR is mediation. There are also other techniques of ADR, but they are apparently much less widely used than either arbitration or mediation.
The difference between arbitration and mediation, by the way, is that arbitration itself is judicial-like. There is usually a judgment rendered to close arbitration. Mediation is much less “judgmental,” and its resolution depends more on common agreement reached by the parties involved, with the help of a mediator. 
Congress passed the Administrative Dispute Resolution Act in 1990 in order to counter what many observers thought was the excessive “judicialization” of the administration process. Everything from rulemaking to personnel disputes was being taken to court and subjected to judicial, rather than to administrative, settlement. The difference between those two types of settlements, in a nutshell, is that administrative settlement is usually much less hard-edged, less black-and-white than judicial settlement. Remember that courts are supposed to decide what’s right and wrong, in terms of the law. Administrators take the law into consideration. But their main concern is to keep the implementation of policy moving ahead. 
There is a down-side to arbitration, but I’m not going to speak to that here. Instead, I’m going ask the question and let you decide. Here it is.
Given the current state of arbitration law, what are the positives and negatives of arbitration for the employer, particularly the public employer, on one hand, and the employee on the other? 
The chapter on arbitration is short, and so I encourage you to look at some of the bibliographical information recommended by Moran. Also, here are a few articles you might want to scan to help give you a somewhat more broad background on arbitration.  I am not assigning these articles for you to read, but I do suggest you look at them.  They may provide you with some of the historical background that Moran may have missed.
Jaegel and Cayer (1991). This 1991 article provides a sound explanation of why ADR is advanced as an alternative to lawsuits.
Carnevale (1993) on alernative dispute resolution.
Edelman et al (1993) on internal dispute resolution. Note that these authors use another term, internal dispute resolution or IDR.  If I read them right, IDR is an alternate use of ADR or a type of ADR.
Another alternate use of ADR is found in Ray’s (1990) article on the mini-trial approach.