ADM 477 Indiana Wesleyan University Business Law Dispute Resolution Paper

  • ADM 477: Business Law

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    Getting Started

    Megan Saunders is a consultant for IT companies. Thanks to a feature article in a popular trade magazine, she was inundated with requests for her coding services. As a result, Megan decided to move out of state to work on a year-long project for an upstart tech company. At the end of the project, Megan expected to return home and earn a bonus in excess of $100,000 for her work. However, when the time came for her bonus payout, the tech company fired Megan without cause and refused to pay the bonus. Megan has since moved back home. She is not sure how to go about getting her bonus pay. She has thought about filing a lawsuit, although she realizes that the process can be lengthy and expensive. Megan wants to know: How can she start the litigation process? Are there alternatives to litigation?

    Briefly, the civil litigation process involves filing a complaint, which details the basis for the lawsuit. The tech company will be served with the complaint and a summons, which is an order to answer the complaint within a certain period of time. In its answer to the complaint, the tech company will admit or deny allegations outlined in the complaint. The tech company can also file a counterclaim against Megan, for which she would have to file a formal response called a reply.

    As you can see, the litigation process can be quite involved. It can be costly in terms of the time and money spent litigating a dispute. For this reason, the majority of cases are settled out of court through mediation or arbitration. In mediation, a neutral third party helps parties reach a compromise. In arbitration, a third party decides how to resolve the dispute between the parties. Because of its efficiency in resolving disputes, Megan should definitely consider either mediation or arbitration as an option.

    Upon successful completion of the course material, you will be able to:

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    Describe the steps involved in civil litigation.

    Compare arbitration and mediation as alternative methods of dispute resolution.

    Resources

    Textbook: The Legal Environment of Business

    Video & Transcript:

    Huge Settlement for Injured Cruise Ship Passenger

    Background Information

    Mediation is a form of alternative dispute resolution in which a neutral third party helps individuals resolve a dispute. Because the parties are encouraged to develop their own resolution of the conflict, they have more of a vested interest in the outcome and are more likely to abide by the terms of the agreement.

    Unlike mediation, arbitration is a quasi-judicial proceeding in which a neutral third party decides how to resolve the conflict. Arbitrations can be binding or non-binding, by agreement of the parties involved.

  • Instructions
  • Review the rubric to make sure you understand the criteria for earning your grade.

    In your textbook, The Legal Environment of Business, read Chapter 3, “Trials and Resolving Disputes.”

    View the video “Huge Settlement for Injured Cruise Ship Passenger.”

    Program Code IWU SILVER
    Course Code ADM447
    Huge Settlement for Injured Cruise Ship Passenger
    Newscaster: We’re going to turn next night that controversial cruise ship lawsuit; the
    passenger hit in the head by a sliding glass door, winning $21 million for the pain and
    suffering that followed. Here is ABC’s Matt Gutman.
    Matt Gutman: When those sliding doors suddenly closed, James Hausman was
    whacked right in the temple. You see him teeter and then regain his composure and try
    to walk it off, and now he is going to walk away with over $21 million. Hausman was on
    a nearly year-long cruise aboard Holland America’s flagship MS Amsterdam. His
    attorney says he suffered a concussion and a traumatic brain injury, and in investigating
    the case his attorney said he discovered something stunning.
    Rick Friedman: Thirty-four other incidents of sliding automatic doors hitting
    passengers.
    Gutman: The jury was able to hear about 16 of those incidents; perhaps why they did
    Hausman $5 million for pain and suffering and over $16 million as punitive damages
    against Holland America, whose promotional video posts—
    Holland America Video
    A greeting that will make you feel like an honored friend.
    Gutman: But during the trial, the Hausmans became foes—the family furious the cruise
    line surveyed the family before the trial, even shooting video of their 12-year-old
    daughter and showing it in court.
    In previous cases, the cruise line had blamed passengers for their injuries in sliding
    doors. In this case it says that judgment was “excessive,” and tells us it plans to appeal.
    1/24/22, 1:03 PM
    Preview Rubric: Course Assignments – 4WI2021 Business Law (ADM-447-01B) – Indiana Wesleyan University
    Course Assignments
    Course: 4WI2021 Business Law (ADM-447-01B)
    Criteria
    Content
    Level 4
    Level 3
    Level 2
    Level 1
    30 points
    25 points
    20 points
    15 points
    (26–30 points
    possible)
    (21–25 points
    possible)
    (16–20 points
    possible)
    (0–15 points possible)
    You address all of the
    requirements of the
    assignment.
    You address most of
    the requirements of
    the assignment.
    You address some of
    the requirements of
    the assignment.
    You address few or
    none of the
    requirements of the
    assignment.
    You display excellent
    organization.
    You display very good
    organization.
    You display good
    organization.
    You do not display
    effective organization.
    https://brightspace.indwes.edu/d2l/lp/rubrics/preview.d2l?ou=158670&rubricId=488082&originTool=quicklinks
    Criterion Score
    / 30
    1/3
    1/24/22, 1:03 PM
    Criteria
    Critical Thinking
    Preview Rubric: Course Assignments – 4WI2021 Business Law (ADM-447-01B) – Indiana Wesleyan University
    Level 4
    Level 3
    Level 2
    Level 1
    20 points
    15 points
    10 points
    5 points
    (16–20 points
    possible)
    (11–15 points
    possible)
    (6–10 points possible)
    (0–5 points possible)
    You demonstrate clear,
    insightful critical
    thinking when you:
    You demonstrate
    competent critical
    thinking when you:
    You demonstrate
    limited critical thinking
    when you:
    You demonstrate little
    or no critical thinking
    when you:
    Examine key
    issues.
    Scrutinize the
    meaning of the
    information.
    Apply relevant
    criteria to the
    problem or
    issue.
    Describe key
    issues.
    Describe the
    content of the
    source
    materials.
    Describe the
    meaning of the
    information.
    Define the
    criteria and
    reasoning used
    to make
    judgments.
    https://brightspace.indwes.edu/d2l/lp/rubrics/preview.d2l?ou=158670&rubricId=488082&originTool=quicklinks
    Mention key
    issues.
    Record the
    content found
    in the source
    materials.
    Identify
    potential
    meanings of the
    information.
    Identify criteria
    used for making
    judgments.
    Criterion Score
    / 20
    Do not raise key
    issues.
    Miss key source
    materials.
    Ignore or
    misrepresent
    the meaning of
    the information.
    Do not use
    criteria or use
    invalid criteria
    for making
    judgments.
    2/3
    1/24/22, 1:03 PM
    Criteria
    Grammar, Spelling,
    Length, and
    Citation
    Preview Rubric: Course Assignments – 4WI2021 Business Law (ADM-447-01B) – Indiana Wesleyan University
    Level 4
    Level 3
    Level 2
    Level 1
    10 points
    7 points
    4 points
    2 points
    (8–10 points possible)
    (5–7 points possible)
    (3–4 points possible)
    (0–2 points possible)
    Your sentence
    structure is complete,
    with correct spelling,
    punctuation, and
    capitalization, and
    varied diction and
    word choice.
    Your sentence
    structure has minor
    errors (fragments, runons), with correct
    spelling, punctuation,
    and capitalization, but
    limited diction and
    word choice.
    Your sentence
    structure has several
    errors in sentence
    fluency, with multiple
    fragments/run-ons and
    poor spelling,
    punctuation, and/or
    word choice
    Your sentence
    structure has serious
    and persistent errors in
    sentence fluency,
    spelling, punctuation,
    and/or word choice.
    Your assignment
    length is correct, with
    minor errors in APA
    formatting.
    Your assignment
    length is inadequate,
    with several APA
    errors.
    Your assignment
    length is correct, with
    correct APA
    formatting.
    Total
    Criterion Score
    / 10
    Your assignment
    length is inadequate
    with several APA
    errors.
    / 60
    Overall Score
    Total Points
    0 points minimum
    https://brightspace.indwes.edu/d2l/lp/rubrics/preview.d2l?ou=158670&rubricId=488082&originTool=quicklinks
    3/3

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