Discussion (A++ work. Plagarism)
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KOLBS EXPERIENTIAL LEARNING 3
Mediation and Arbitration
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:
1. What is the difference between mediation and binding arbitration?
2. Why might parties in a dispute choose alternative dispute resolution instead of litigating in court?
3. 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.
WRITING EXPECTATIONS
All written submissions should be submitted in a font and page set-up that is readable and neat. It is recommended that students try to adhere to a consistent format, which is described below.
Typewritten in 12-point font in Times New Roman style and submitted inside the electronic classroom (unless classroom access is not possible and other arrangements have been approved by the professor).
Page margins Top, Bottom, Left Side and Right Side = 1 inch, with reasonable accommodation being made for special situations and online submission variances.
Name, Student ID and date must be at the top of the first page.
Don’t create cover pages.
Note: DO NOT use Wikipedia as a reference/ source when course work. APUS has banned the use of Wikipedia by their students as a source in papers and other coursework because of reliability problems. Wikipedia acknowledges the problems and agrees students should not use it as a source for academic papers, primarily because Wikipedia can not control changes to its content.