Difference Between Mediation and Binding Arbitration
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Difference Between Mediation and Binding Arbitration
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KOLBS EXPERIENTIAL LEARNING 3
Mediation and Arbitration View Full Description
This week we are learning about the basics of sports law. Please make sure to review the following slideshow: http://www.slideshare.net/Vinceey/sports-law-15237676
As we read, sports law involves many different areas of law, such as torts, criminal law, intellectual property, etc. This results in various aspects of the legal system to be utilized to resolve sports law disputes. This week, please discuss the following:
- What is the difference between mediation and binding arbitration?
- Why might parties in a dispute choose alternative dispute resolution instead of litigating in court?
- In what types of sports disputes might the parties prefer alternative dispute resolution?
Glenn M. Wong, Essentials of Sports Law (4th ed. 2010). (All ebook readings will be found within the Lessons tab.
Respond to the write up:
Sports disputes might generally prefer alternative dispute resolution for one primarily large reason – a trial by jury is an unpredictable thing and restitution amounts can be considerably larger than potentially decided on in mediation or arbitration. A popular sports dispute involves helmets and trauma to the head, thus brain, causing traumatic brain injuries. Whether the dispute is between athletes and the companies that make the equipment or
between the athletes and the coaches/team management for negligence, the likelihood of a jury awarding large sums of money to the plaintiff, usually an injured athlete or a group of injured athletes, is significant. During
mediation or even arbitration, monies for punitive damages have the potential to be less because a 12-man jury is not out to “set an example” for other sports companies/teams. Arbitrators and mediators work towards an agreement where monies paid are directed towards medical care and treatment, etc, rather than “hitting a company/team where it hurts,” ie. the pocketbook.
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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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