Case A partner in your law firm has come to you for advice involving her representation of a 32-year old professional basketball player injured in a serious automobile accident where he tore his Achilles heel. There is a good chance that he will never be able to play professional basketball again, and his rehabilitation will take many months. At the time of this accident, the player was making Taka5,000,000.00 a year and would be a free agent at the end of the season where he might be able to command taka10,000,000.00 a year. Although the player was a passenger at the time of the accident, he had given the driver (friend of the player) some marijuana (assuming it is an illegal act), and they were both smoking it at the time of the accident. Fortunately, no arrests were made, and the player thinks no one knew about the marijuana. The player is looking for taka500,000 for medical expenses, taka100,000,000 in lost future earnings, and taka20,000,000 for pain and suffering. The partner tells you that the liability is reasonably certain since the player was a passenger, but there is a question about damages because the player had an earlier Achilles heel injury in college that had been repaired. There is also the question of contributory negligence since the player had supplied the marijuana to the driver. Although there has been some discovery, the defendant has not yet learned of the marijuana use, but the partner thinks it is only a matter of time that the defendant will discover this. Although the trial is not scheduled to start for at least six months, the partner fears that the defendant is on the verge of discovering the marijuana use and that his will substantially diminish the recovery. The partner tells you that the defendant's lawyer called today and proposed submitting the case to some form of alternative dispute resolution. The partner tells you that she does not know much about ADR. She asks you do some research and prepare and fax a memorandum to her that will help her decide how to respond to the defense lawyer's proposal.

Case A partner in your law firm has come to you for advice involving her representation of a 32-year old professional basketball player injured in a serious automobile accident where he tore his Achilles heel. There is a good chance that he will never be able to play professional basketball again, and his rehabilitation will take many months. At the time of this accident, the player was making Taka5,000,000.00 a year and would be a free agent at the end of the season where he might be able to command taka10,000,000.00 a year. Although the player was a passenger at the time of the accident, he had given the driver (friend of the player) some marijuana (assuming it is an illegal act), and they were both smoking it at the time of the accident. Fortunately, no arrests were made, and the player thinks no one knew about the marijuana. The player is looking for taka500,000 for medical expenses, taka100,000,000 in lost future earnings, and taka20,000,000 for pain and suffering. The partner tells you that the liability is reasonably certain since the player was a passenger, but there is a question about damages because the player had an earlier Achilles heel injury in college that had been repaired. There is also the question of contributory negligence since the player had supplied the marijuana to the driver. Although there has been some discovery, the defendant has not yet learned of the marijuana use, but the partner thinks it is only a matter of time that the defendant will discover this. Although the trial is not scheduled to start for at least six months, the partner fears that the defendant is on the verge of discovering the marijuana use and that his will substantially diminish the recovery. The partner tells you that the defendant's lawyer called today and proposed submitting the case to some form of alternative dispute resolution. The partner tells you that she does not know much about ADR. She asks you do some research and prepare and fax a memorandum to her that will help her decide how to respond to the defense lawyer's proposal.