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Cardozo Journal of Conflict Resolution

Abstract

ADR, and more specifically mediation, could increase funding towards TBI prevention and recovery research. Section II explores the TBI Reauthorization Act in an effort to highlight its many successes and some of its shortcomings. Following the assessment of the national legislation, it is appropriate to examine efforts being made at the state-level. Next, because professional and collegiate sports leagues control a great deal of revenue, it is important to assess the initiatives set forth through their official league policies and rules, public relations efforts, and scientific contributions. This calls for an extensive examination of the NFL, NHL, NCAA, and FIFA's responses to TBI. Furthermore, many of the leagues have been involved in arbitrations that resulted in settlements. However, one must determine where the rewards will be allocated, who will be receiving them, and how much, if any, of the funds will be set aside for research initiatives. Section III's analysis will focus primarily on how ADR, particularly mediation, can help alleviate the many shortcomings within the responses to TBI. In addition to mediation, the analysis critiques the NFL's arbitral process in its current form. The proposal in Section IV calls for mediation between the multiple TBI stakeholders. More specifically, it hopes to provoke an open forum where those who control the vast majority of funds do not also control the process in which arbitral awards are garnered. Finally, the Conclusion ultimately posits that in order to facilitate true gains in TBI prevention, a true, unbiased third-party mediator or arbitrator (or both) is required.

Disciplines

Dispute Resolution and Arbitration | Entertainment, Arts, and Sports Law | Health Law and Policy | Law | Law and Economics | Medical Jurisprudence

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