Assignment- 01

Case Summary:
A 32-year-old professional basketball player injured in a serious automobile accident and
tore his Achilles Heel which he broke before in college and repair it. The recovery will take many
months and there is a high chance that he may never be able to play professional basketball again.
The player was making Taka 5,000,000.00 a year and would be able to make Taka 10,000,000.00
a year as a free agent at the end of the season. During the time of the accident, the player had
given the driver some marijuana and they were both smokings. The defendant has not yet learned
about marijuana use and no arrests were made. The player thinks that no one knew about the
marijuana and the player is looking for Taka 500,000 for medical expenses; Taka 100,000,000
in lost future earnings and Taka 20,000,000 for pain and sufferings. Though the liability is valid
as the player was a passenger during the accident but there is a question about damages because
the player had an earlier Achilles heel injury in college that had been repaired and also the
question of contributory negligence since the player had supplied the marijuana to the driver.
The trial is not scheduled to start for the next six months.

Strong and Weak Points:

Strong Points:
1. The player was making Taka 5,000,000 a year and would be able to make Taka
10,000,000 a year as a free agent at the end of the season before the accident.
2. The driver was smoking marijuana during the accident.
3. The defendant has not yet learned about marijuana use.
4. No arrests were made and the trial is not scheduled to start for the next six months.
5. The Achilles Heel of the player tore due to the accident and he may never be able to play
professional basketball again.
Weak Points:
1. The player supplied marijuana to the driver and they both were smoking marijuana during
the event of the accident.
2. The player had Achilles Heel injury earlier during the college and it had been repaired.

Recommendation for Alternative Dispute Resolution (ADR):

 Recommended Mode Of ADR:
The player may use Negotiation as the first (1st) choice; Mediation as the second
(2 ) choice and Arbitration as the third (3rd) choice as a form ADR to come to a
nd

settlement about their dispute.

 Reasons for the Recommendation of Negotiation as the First Choice:
Negotiation is recommended in the first place considering the following points:
 It will help to protect the privacy and confidentiality of the Basketball player as
the discussion and the agreement will only remain between the player and the
driver as the player supplied the marijuana to the driver and which is also a
question in contributing to negligence in the accident and may affect the fame of
the player.

BUS518- Business Law & Ethics

  It is less time consuming which will make them come to a settlement in their
earliest convenience.

 Reasons for the Recommendation of Mediation as the Second Choice:

Mediation is recommended in the second place considering the following points:
 The driver may not be encouraged enough to use Negotiation as a mode of ADR
as the basketball player is in a better financial position and also in a better
powerful position in terms of the social status and the driver may feel that he will
be influenced to come to an agreement which may go against his interests.
 The mode will help both the player and the driver to reach a voluntary settlement
about their dispute with the guide of the mediator or mediators with less stress
and expenditure compared to the arbitration process and it will also protect the
privacy and confidentiality of the player.
 There is a win-win situation exist in the process which may benefit both the player
and the driver.

 Reasons for Recommending Arbitration as the Third Choice :

Arbitration is recommended in the third place considering the following points:
 The privacy and the confidentiality of the player may not be protected as they
have to file the case in the court first before the arbitrator may proceed with the
issue which will convert the issue as a public issue.
 The award (decision) given by the arbitrator may go against the player and they
both have bound to follow that award whatever the arbitrator will decide to solve
the dispute.
 It is a time-consuming process and also expensive compared to the other two
modes of ADR.

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BUS518- Business Law & Ethics