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· Step 10: Case Three: Big Brain Solutions—Arbitration or Litigation?
· You have made recommendations on two cases so far and have one more case to go. After setting aside a few hours to work, you open the Big Brain Solutions case file. In the next step, you will gather the information you need to write a memo for the VP about this case.
Step 11: Gather and Analyze the Information
While you have some general awareness of the fact that there are means of alternative dispute resolution, you realize that you need to know a lot more about this subject before you can attempt to respond to the VP's questions. Some of the topics you should review include the following:
- What general procedures or rules govern a typical arbitration proceeding?
- Can a company force an employee to use arbitration (instead of a lawsuit) to settle an employment-related dispute because of a contract provision?
- Are there times when an arbitration clause might be invalid or unenforceable against an employee?
- What effect do claims based on specific federal or state laws have on arbitration provisions in employment contracts?
Based on the answers to the above questions and your review of the employment law material, what will the likely outcome be in Liz's case? In Ralph's? In the next step, you will use the information gathered in this step to create an outline that will prepare you to write the memo.
Step 12: Focus on Your Rationale and Conclusions: Create Your Outline
You've finished your research. You've reflected on how the facts and the law come together in this situation. You've analyzed the possible arguments and determined reasonable conclusions to the questions you've asked yourself. Now it's time to outline your memo.
Review your outline to make certain it covers all relevant points and progresses in a logical order. Identify the major points you want to make and be sure that you have adequately covered all the relevant arguments or reasons needed to support them. In the next step, you will use your outline to create a memo for the VP.
Step 13: Communicate Your Findings and Conclusions to the Vice President: Create Your Memo
Using your outline and research notes, write a memo for the VP. Be sure to meet the following requirements:
- Format your memo following the example linked above, including APA-formatted in-text citations and an APA-formatted reference list (do not format the body of the memo using APA style, just the reference list). See references and citations for details.
- Include a specific recommendation on what action, if any, the VP should take based on your analysis and conclusions.
- Support your conclusion with references to legal principles and laws.
- The memo should be 12 pages (double spaced, 12-point font; the reference list does not count towards page limit).