ERIC ED458151: Mock Arbitration--Conflict Resolution in Major League Baseball: Sports and the Law.

24 Pages·1996·0.53 MB·English

by  ERIC

DOCUMENT RESUME
SO 031 452
ED 458 151
Degelman, Charles; Hayes, Bill
AUTHOR
Mock Arbitration--Conflict Resolution in Major League
TITLE
Baseball: Sports and the Law.
Constitutional Rights Foundation, Los Angeles, CA.
INSTITUTION
1996-00-00
PUB DATE
23p.; For related lesson plans, see SO 031 448-451.
NOTE
Constitutional Rights Foundation, 601 South Kingsley Drive,
AVAILABLE FROM
Los Angeles, CA 90005 ($3.95). Tel: [phone]; Fax:
213-386-0459; Web site: http://www.crf-usa.org/.
Classroom
Teacher (052)
Guides
PUB TYPE
MF01/PC01 Plus Postage.
EDRS PRICE
*Arbitration; *Baseball; Citizenship Education; *Conflict
DESCRIPTORS
Resolution; Intermediate Grades; Law Related Education; Role
Playing; Salaries; Secondary Education; *Social
Responsibility; Social Studies; *Thinking Skills
Constitutional Rights Foundation; *Professional Sports
IDENTIFIERS
ABSTRACT
This lesson plan uses students' interest in sports to teach
good citizenship. With its focus on rules, responsibility, conflict
resolution, and teamwork, the unit emphasizes the development of critical
thinking, decision-making, and citizenship skills in young people. This
lesson plan is part of a series of fully prepared, interactive classroom
lesson plans offered by the Sports and the Law program of the Constitutional
Rights Foundation. Each lesson includes detailed teacher instructions,
background information, and student handouts. This lesson introduces students
to alternative dispute resolution methods and pays particular attention to
arbitration by focusing on the model for salary arbitration established by
Students brainstorm different types of conflict
Major League Baseball (MLB) .
resolution, read and discuss an article on alternative dispute resolution
methods, and decide which method would best solve some hypothetical disputes.
Students then roleplay team attorneys, players' representatives, and
arbitrators in a mock MLB salary arbitration hearing.
(BT)
Reproductions supplied by EDRS are the best that can be made
from the original document.
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BEST COPY AVAILABLE
ARBITRATION
MOCK
RESOLUTION IN
CONFLICT
BASEBALL
MAJOR LEAGUE
Todd Clark
Executive Director
Marshall Croddy
Materials Development
Director of Programs and
Charles Degelman and Bill Hayes
Writers and Editors
Andy Schwich
Curriculum Designer
Director, Sports & the Law
Andrew Costly
Production Manager
FOUNDATION
CONSTITUTIONAL RIGHTS
601 South Kingsley Drive
Los Angeles, CA 90005
[phone]
[phone] FAX
Foundation
©1996, Constitutional Rights
by focusing on an arbitration in sports. If
Introduction
students have encountered the word "arbi-
tration," they likely have heard it in the con-
Constitutional Rights Foundation's Sports
text of sports. Major League Baseball rou-
and the Law program uses students' inter-
tinely resorts to arbitration to resolve dis-
est in sports to teach good citizenship. By
putes concerning player salaries. As part of
learning how ruleson and off the playing
the basic agreement between the players'
fieldrelate to society, students acquire
union and management, the decisions made
knowledge necessary to become responsi-
by an independent arbitrator are considered
ble citizens and effective participants in our
binding between a respective player and his
democracy. CRF believes that good sports-
team.
manship is good citizenship. With a focus
resolution,
on rules, responsibility, conflict
and teamwork, Sports and the Law empha-
Overview
sizes the development of critical thinking,
decision-making, and citizenship skills in
This mock arbitration focuses on the model
young people.
for arbitration established by Major League
This mini-unit is part a series of fully pre-
Baseball.
pared, interactive classroom lesson plans
In Lesson One, students brainstorm differ-
offered by the Sports and the Law pro-
ent types of conflict resolution. Next, they
gram. Each mini-unit illustrates important
read and discuss an article on Alternative
aspects of law and society and promotes an
Dispute Resolution methods. Then in pairs,
understanding of law-related concepts by
they decide which methodnegotiation,
linking the excitement of sports to broader
mediation, arbitration, or adjudication
social issues.
would best resolve some hypothetical dis-
One of the major focuses of the Sports and
putes.
the Law program is conflict resolution. Our
In Lesson Two, students read and discuss an
society uses a variety of methods for resolv-
article on Major League Baseball's use of
ing disputes peacefullyfrom negotiation
arbitration for salary disputes. Students then
among parties to mediation to arbitration to
based on
engage in an arbitration simulation
formal court trials. Students are familiar
dispute.
a hypothetical player-salary
with negotiation and court trials. But less
well-known are mediation, in which a neu-
tral party attempts to facilitate an agree-
ment by the parties, and arbitration, in
which the parties agree on an arbitrator to
decide the dispute for them. As court costs
skyrocket, more and more individuals and
organizations are turning to mediation and
arbitration to resolve disputes.
This lesson introduces students to
Alternative Dispute Resolution methods
and pays particular attention to arbitration
4
3
Lesson One
Objectives
Students will:
Materials and Preparation
Brainstorm methods used to resolve
1.
Handout A: Alternative Dispute
conflicts.
per student
Resolution-1
Understand the concepts of negotiation,
2.
Handout B: How Can We Solve This?-1
mediation, and arbitration.
per pair
Decide which method of dispute reso-
3.
Procedure
lution (negotiation, mediation, arbitra-
tion, or adjudication) should be used in
A. Introducing Alternative Dispute
different situations.
Resolution
Present arguments in a simulated arbi-
4.
Tell students that your friend Sam is
I.
tration hearing.
having problems with his neighbor.
Each weekend the neighbor plays
Understand the process of arbitration
5.
loud music all day long and late into
used by Major League Baseball.
the night. Ask: What can Sam do to
settle this dispute peacefully? (Let
students brainstorm ideas, such as
talk to the neighbor, call a lawyer,
call the police, sue the neighbor.
Write student answers on the
board.)
Tell students Sam has another possi-
2.
bility: alternative dispute resolution.
Distribute
Handout A: Alternative
Ask students to
Dispute Resolution.
read this handout, which explains
some different dispute resolution
techniques, and to think of which
technique would help Sam the most.
3. When students finish, ask the follow-
ing questions:
What are the three ADR meth-
ods? How are they different?
(Arbitration, mediation, and
negotiation. Make sure students
understand the following: media-
tion and arbitration involve
bringing in an independent third
party. In mediation, the parties
4
Which method do you think Sam
decide. A mediator facilitates the
should use with his neighbor?
agreement between the parties.
Why? (Accept various answers.)
In arbitration, the arbitrator
decides. The arbitrator listens to
B. How Can We Solve This?Paired
the parties and then makes the
Activity
decision. In negotiation, there is
Tell students you are going to give
1.
The
no independent third party.
them a few more situations to
parties agree among themselves.)
decide which dispute resolution
method should be used: negotiation,
What are the benefits of ADR
mediation, arbitration, or adjudica-
methods over the court process?
(These benefits are mentioned in
tion.
the handout: Save time, may
Divide the class into pairs.
2.
save money, more private, more
Distribute Handout B, How Can We
informal [which helps them
to each pair. Explain
Solve This?,
meet parties' needs easier}, par-
that students should:
ties more active, greater chance
read each case.
of preserving relationships.)
circle which technique would be
What are their drawbacks?
best for each.
(Because they are informal,
some abuses may take place,
give the reason for each deci-
such as people lying with no con-
sion.
sequences.)
3. When students finish, debrief the
What situations are best for
activity by reading each case and
negotiation? Mediation?
asking students which technique
Arbitration? Adjudication?
they recommended and why.
(Negotiation: when parties don't
need outside help. Mediation:
when parties need some help,
but can make their own decision.
Arbitration: when there's no
hope of the parties quickly
resolving the conflict themselves.
Adjudication: when a formal,
independent decision is best and
the dispute is worth spending a
lot of time on.)
5
Lesson Two
Do you think the arbitrator should
be able to choose a compromise
salary instead of choosing between
Materials and Preparation
the owner's offer and player's
demand? Why or why not? (Accept
Handout C: Arbitration and Baseball-1
various answers, but make sure stu-
per student
dents understand the rationale for
the arbitrator not settling on a com-
Handout D: Mock Arbitration
per student
Materials-1
promise: That it keeps owners from
making ridiculously low offers and
Procedure
players from making outlandishly
high demands.)
A. Arbitration and BaseballReading and
Discussion
Preparation for Activity
B.
Ask students: Do you know how
1.
Tell students that they are going to
1.
Major League Baseball settles
take part in a mock arbitration over
important salary disputes? (Inform
Billy Ray Perkins, a fictional short-
students that Major League
stop for a fictional team, the Birds.
Baseball uses arbitrationone of
Distribute
Handout D, Mock
the Alternative Dispute Resolution
to each stu-
Arbitration Materials,
methods.)
dent. Read aloud to students the
"newspaper article"
Birds' Perkins
Distribute
Handout C, Arbitration
2.
Seeks $4.5 Million.
to each student. This
and Baseball,
handout explains how baseball
After reading, ask the following
2.
arrived at using arbitration for salary
questions:
disputes. Tell students to read the
How much money is Perkins
handout and find out how baseball
demanding from the Birds? ($4.5
arbitration works.
million)
3. When students finish reading, ask
How much are the Birds offer-
the following:
ing? ($3.5 million)
How did the players gain arbi-
How are the Birds and Perkins
tration for salaries? (Through
going to resolve the salary dis-
their collective bargaining
pute? (In an arbitration hearing)
agreement negotiated by the
union.)
Why does Perkins think he
should be paid more? (He's had
How does the arbitration work?
a great career.)
(Make sure they understand
that [1] the arbitrator must
Why don't the Birds want to pay
choose between the player's
him more? (He's been injured
demand and the club's offer;
and they have a new player corn-
[2] the arbitrator can base the
ing up.)
decision only on certain facts;
[3] the arbitration is final.)
6
Regroup the class so students can
2.
Inform students that the arbitrator
3.
consult with one another while
will consider two primary factors in
preparing for the role-play. Perkins'
making the decision: (1) how well he
representatives should sit on one
performs compared to other short-
side of the room, Birds' representa-
stops and (2) how well he is paid
tives on another side, and arbitrators
compared to other shortstops.
in front. The representatives should
C. Mock Arbitration
think up their best arguments and
the arbitrators should think of ques-
Divide the class into groups of 5-6
1.
tions to ask each side.
students each (preferably 5). Assign
two students in each group to be
Reassemble the groups of 5-6 stu-
3.
representatives for Perkins. Assign
dents and begin the role-play. Call
two others to be Birds' representa-
time for all the groups according to
tives. Assign one student the role of
the following schedule:
arbitrator. (If you have six in a
2 minutes
Birds' representative #1
another
group, assign this person as
arbitrator.)
Perkins' representative #1 2 minutes
Review
Role-Play Instructions.
2.
2 minutes
Birds' representative #2
Emphasize the following points:
Perkins' representative #2 2 minutes
The arbitrator will decide on
3 minutes
Arbitrator's questions
either $3.5 million or $4.5 mil-
lion. No compromise is allowed.
Remind them the arbitrator can
interrupt anytime to ask questions.
Each representative will have
two minutes to talk.
4. When the role play ends, allow the
arbitrators time to make their deci-
Perkins' representatives will
sions. Then call on them give their
argue that:
decisions and the reason they decid-
1) he outperforms other
ed as they did.
shortstops.
Debrief the role-play by asking:
5.
(2) $4.5 million is reasonable
What were some strong arguments?
compared to the pay of other
Why?
shortstops.
Do you think it's a good idea that
Birds' representatives will argue
Major League Baseball does not
that:
allow the arbitrator to compromise
(1) Perkins does not outperform
not?
on the figure? Why or why
other shortstops.
Do you think arbitration is a good
(2) $3.5 million is reasonable
way to settle salary disputes? Why or
compared to the pay of other
why not?
shortstops.
7
Handout A, page 1
ALTERNATIVE DISPUTE
RESOLUTION METHODS
America has a long tradition of using the court system to settle disputes
peacefully. Although it has worked for many years, the system has drawbacks.
It's expensive, time-consuming, and stressful on participants. In recent years,
Alternative Dispute Resolution
more and more disputes are being settled by
(ADR) methods. These are techniques people can use to resolve conflicts
without going to court. They are becoming a popular way of dealing with
problems in business, families, neighborhoods, government, international dis-
putes, and in the legal system.
arbitration, mediation,
and
The three most well-know ADR methods are
Although many people use these terms interchangeably, in real-
negotiation.
ity the three differ greatly.
Arbitration
arbitratorto
In arbitration, the disputing parties allow a third partyan
settle the dispute. The arbitrator, usually trained in.arbitration methods, has
problem. When people
expertise that helps him or her to understand the
decide that they want to arbitrate a dispute, they often contact an arbitration
service. The service assigns an arbitrator to the case. Sometimes two or three
arbitration panel.
people may be assigned as an
At the arbitration hearing, each person explains his or her story, and the arbi-
procedural rules
trator decides the outcome. Like in a courtroom, there are
and rules about what kind of evidence may be presented. Arbitration is the
most formal ADR method.
The decision that an arbitrator makes can be binding. This means both par-
risk when enter-
ties must accept itno matter what. Thus all parties take a
ing arbitration. The results could go against them.
In some places, a court will order parties to go through arbitration before
their court trial. In these instances, the arbitrator's decision is not binding
unless the parties agree in advance. Many cases are resolved in court-ordered
arbitration, saving much time.
Because it is fast, arbitration is often used in business and labor disputes.
0 1996, Constitntional Rights Foundation
Mock Arbitration: Conflict Resolution in Major League Baseball
Handout A, page 2
Mediation
informal. It is
several ways. It is much more
Mediation differs from arbitration in
Instead of
mediator.
neutral third partya
usually a private process with a
solution.
helps the parties reach their own
deciding on a solution, the mediator
job is to keep the
binding decisions. The mediator's
The mediator cannot make
they can agree on a solution.
parties talking to each other so
than a
It's more like a discussion
Mediation is more flexible than arbitration.
types of evi-
hearing. There are no limits on time or
courtroom or arbitration
they can
and understand all viewpoints so
dence. It allows the parties to discuss
reach a mutually beneficial agreement.
method for those
Like negotiation, it's a good
Mediation saves time and money.
interested in preserving relationships.
who prefer privacy and are
Negotiation
people settle dis-
people every day. Whenever
Negotiation is used by ordinary
them over, they have negotiated.
agreements by talking
independent
and arbitration. There is no
Negotiation differs from mediation
reach an
talk to each other in an effort to
third party in negotiation: The parties
rules or formal structure.
agreement. There are no
effective for
solutions are possible. It's also
Negotiation works best when creative
relationships, because it relies on trust
problems between people with ongoing
reach a "win-
The goal of negotiators is to
and open channels of communication.
win" situation.
strike a
making contracts. Parties who want to
Negotiation is commonly used in
the agreement and sign a contract.
business deal usually negotiate
Why Use ADR Methods?
ADR instead of the court system:
There are many benefits to using
methods do not
Unlike the court system, ADR
They usually save time.
years) to get a hear-
long periods of time (sometimes
require participants to wait
especially in mediation.
much paperwork or preparation,
ing date. Nor is there
usual-
and procedures to follow, ADR sessions are
Because there are fewer rules
trials.
ly much shorter than court
but may be used. When
Lawyers are not required,
They are often cheaper.
because
their fees are usually less expensive
lawyers are used in ADR hearings,
than court proceedings.
the hearings are much shorter
© 1996, Constitutional Rights Foundation
1 0
League Baseball
Mock Arbitration: Conflict Resolutionzin Major