Advantages and Disadvantages of Mandatory Pre-Suit Mediation

 Advantages and Disadvantages of Mandatory Pre-Suit Mediation

Instructions:

Advantages and Disadvantages of Mandatory Pre-Suit Mediation

Instructions

Suppose that you are the HR manager for a company. The judge in a current law suit by a former employee has ordered mandatory pre-suit mediation. Your boss is unfamiliar with mediation and she asks you to advise her as to several issues regarding the upcoming mediation. Draft a memo thoroughly discussing, at minimum, the following questions:

What are the advantages and disadvantages of mediation? Is it likely to be successful? Is it likely to make the parties more or less hostile toward one another? How do the costs in terms of time and money compare with litigation?

If your boss has no interest in mediation, does she really have to be there? Can she send her attorney instead? If so, are there any conflicts of interest with respect to attorney advocate representation of which she should be aware?

Must the company actually participate in the mediation? Can your boss (or her attorney) just sit there and refuse to speak?

If your boss (or her attorney) does decide to engage in dialogue during the mediation, what are the risks concerning information that might be disclosed? If the mediation fails, can the former employee use such information at trial?

Although this assignment is completed in Week 3, students should refer to information in Lessons 3, 4, and 7 for relevant information. Submission Instructions:

This assignment should at a minimum contain 1,000 words of content (there are four parts, so this is ~250 words each). Word count does not include headings, cover pages, references, or question text (if you choose to include it in your project); I am looking for 1,000 words of substance. Your project should be in APA format including a properly formatted cover page (abstracts are optional) and a reference page with at least three (3) NEW references (“new” here means references that you have not already used in previous assignments in this course). Providing additional references to your assignments demonstrates your desire to conduct additional research on the topic area, and can improve your research skills.

With all assignments, include properly formatted in-text citations within the body of your work for each of your listed references so the reader can ascertain your original thoughts or ideas as well as the portion of your work that is credited to credible sources. It is very important to identify work from other sources to ensure that proper credit is provided to researchers in the field. This assignment uses Turn It In for originality verification.

Submit the weekly written assignment as an MS Word attachment (.doc or .docx format). A recommended font is 12pt Times New Roman. DO NOT include discussion board answers with your formally written assignment submission.

Select the iRubric link to view the rubric for this assignment.

RUBRIC
Excellent Quality 95-100%	Introduction 45-41 points The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.		Literature Support 91-84  points The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.			Methodology 58-53 points Content is well-organized with headings for each slide and bulleted lists to group related material as needed. Use of font, color, graphics, effects, etc. to enhance readability and presentation content is excellent. Length requirements of 10 slides/pages or less is met.
Average Score 50-85%	40-38 points More depth/detail for the background and significance is needed, or the research detail is not clear. No search history information is provided.		83-76  points Review of relevant theoretical literature is evident, but there is little integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are included. Summary of information presented is included. Conclusion may not contain a biblical integration.			52-49  points Content is somewhat organized, but no structure is apparent. The use of font, color, graphics, effects, etc. is occasionally detracting to the presentation content. Length requirements may not be met.
Poor Quality 0-45%	37-1 points The background and/or significance are missing. No search history information is provided.		75-1 points Review of relevant theoretical literature is evident, but there is no integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are not included in the summary of information presented. Conclusion does not contain a biblical integration.			48-1 points There is no clear or logical organizational structure. No logical sequence is apparent. The use of font, color, graphics, effects etc. is often detracting to the presentation content. Length requirements may not be met
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