Arbitration And Sports Association And Dispute Resolution Under The American Arbitration Association

Alternative Dispute Resolutions (ADR) is any method of resolving disputes other than by litigation. Public courts may be asked to review the validity of ADR methods, but they will rarely overturn ADR decisions and awards if the disputing parties formed a valid contract to abide by them. The two major forms of ADR are arbitration and mediation; but we can also

When dealing with sporting events, there are personal relationships that have been created between the athletic staff, administration, athletes and fans. Some relationships also includes obligations to each other as a duty of care ton assist and prevent negligence within a program. The purpose of this assignment is to compare three different case studies as it relates to negligence. The first case study is Clement v. Griffin (1994), followed by Schweichler v. Poway Unified School District (2005), and the case of Marcus v. City of Newton (2012). All of these cases are related to suits that have been file pertaining to some type of negligence. However each case that will be presented will not be negligence.

Alternative Dispute Resolution is an alternative process to typical civil litigation which involves the use of a neutral party to help resolve cases. ADR provides mediators, arbitrators, neutral evaluators or an opportunity for a settlement conference.

Negotiation, mediation, and arbitration are all forms of Alternative Dispute Resolution (ADR) that are alternatives that organizations use to avoid litigation in court.  According to Valenti Law, negotiation and mediation are forms of non-binding ADR, while arbitration is a binding ADR (2011).  Since arbitration is a binding ADR, the arbitrator’s decisions are legally binding and cannot be challenged by either party in the arbitration.  “There are limited grounds for challenging the decision” (Valenti Law, 2011).

Disputes between individuals can be resolved through mediation, tribunals and courts are sought depending on the complexity and nature of the dispute. Their effectiveness in achieving justice for and between individuals to varying extents will be assessed by their ability to uphold notions of fairness, equality, access, timeliness, enforceability and resource efficiency.

Before going to trial, the parties meet, with their attorneys to represent them, to try to resolve their dis­pute without the involvement of a third party. This is

“Grievance mediation is an alternative dispute resolution procedure which promises many of the advantages of arbitration in less time and at lower expense” (Roberts, Wolters, Holley, & Field, 1990). Mediation is less time consuming and the least expensive method of resolving a complaint than going forward with the arbitration process. If chosen by the complainant, grievance mediation is a completely voluntary step. This is the step prior to going forward to the arbitration process. The mediation step provides an opportunity for a

Arbitration is a method to submit a resolution in an arbitral, rather than a judicial forum. For non-labor issues, arbitration can be a less expensive solution. One example is The Home Owners ' Warranty program. A program which aimed to resolve disputes between homeowners and builders. The program was designed between the Home Owners ' Warranty programs of the National Association of Home Builders. This program started in 1973 as a method of formally resolving disputes through arbitration. The program provided a warranty program, using mediation, and arbitration to resolve differences. Before the warranty program was created, the National Association of Home Builders came to the Federal Mediation and Conciliation Service for advice and assistance on dealing with homeowner disputes. Over the years, the program has expanded across the country through the Magnuson-Moss Bill, assisting the Federal Trade Commission on issuing rules on warranty’s and guaranties. The arbitration occurs while looking at the evidence of a dispute objectively for the best solutions (Barrett, 1985, p. 32).

On Monday, the National California appeals court rejected the National Basketball Players Association’s appeal in the Billy Hunter lawsuit. The previous executive director, Billy Hunter, filed a lawsuit against the union, starting a battle over the validity of his contract. The rejection of the appeal means it will head back to lower court.

Kolkey, D. M., Chernick, R., & Neal, B. R. (2012). Practitioners handbook on international arbitration and mediation (3rd ed.). Huntington: JurisNet.

After carefully considering the situation in both plaintiff (Eunice) and defendant (RFYL), arbitration should be an effective Alternative Dispute Resolution in

The purpose of the collective bargaining dispute is to make sure that working conditions, health and life after basketball is comfortable for players once they finish playing the game. Some Fans may not care or are aware of how restrictive the National Basketball Association (NBA) rules are for its players. Also, let’s not forget the owners. The NBA Owners are responsible for providing an arena to hold the games, paying the arena employees, paying the players and paying fees to the NBA Association.

Sports disputes fall into two general categories: external and internal. External sporting disputes are handled in a state Court system and generally include: "contract or tort; intellectual property; trade practices and competition; criminal law; taxation; broadcasting and media; and other statutory-based disputes" (Bellamy & Hayes, 2007, pp. 5-6). Internal sporting disputes are normally handled by sports tribunals and deal with

Arbitration is when officials will recommend that an employee or the firm go before a panel that will deal with complaints and customer related issues. Any kind of rulings are considered to be final, with all participants agreeing to abide by these decisions. This is designed to reduce the costs and time associated with litigating these issues. (Greene, 2005)

Arbitration is legal technique used to resolve any disputes outside of the courts. Arbitration allows for speedy and cheap resolution of any disputes, the parties involved in a dispute agree to appoint a third person (arbitrator) who will hear their testimonies, and look into the evidence they provide. The arbitrator's decision cannot be challenged in a law court as it is considered final and the parties involved have to accept the decision (Brams & Merrill, 1986). There are only very limited circumstances where the decision of an arbitrator can be challenged, and this is mostly if there can be proof from one of the parties showing that the arbitrator was biased in their decision or ruling. The chosen arbitrator will be an experienced person in the area of the dispute.