Reference no: EM133531332

Question

1. Why do you think Judge Anita Brody suggested mediation rather than ruling directly on the NFL's motion to dismiss the case?

2. What reasons did mediator Phillips provide that suggested that mediation was the best process for resolving this dispute?

3. Mediators often seek common ground between the partics to help them design A solution to their dispute. Despite the sometimes contentious nature of the mediation described above, what shared interests would the parties have in this case?

4. The mediator mentions the "assumption of the risk" defense against the players' allegations of injury. The NFL argued that the players knew the game was dangerous yet engaged in playing football anyway. Is this a fair argument? If you represented the players, how would you refute this defense?

5. Analysts and commentators have suggested that players' health has been endangered by a conflict of interest with teams' medical staff, as the doctors and athletic trainers have a responsibility to both players (their patients) and the club (their employers). How could this conflict of interest be resolved ethically to create value for all stakeholders?