ADM 477 Indiana Wesleyan University Business Law Dispute Resolution Paper

ADM 477: Business Law

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:

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