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It would supplant the usual lump sum award covering the costs of future health care, educational, social, and related long-term support services, replacing that award with a series of contracts for these future services to be negotiated by the parties.
The "lump sum award," as it is known, is very different from a court decision.
The usual assertion is that the lump sum award format promotes flexibility.
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Common-law systems prefer lump sum awards, whereas in civil-law systems periodic payments are favoured.
Moreover, a lump sum awarded by a court cannot be invested so as to provide a secure inflation-protected income for life.
The conventional wisdom is that lump sum awards are justified by the nature of arbitration.
Another argument is that lump sum awards promote finality, and that is indeed one of arbitration's most desirable features.
A "strange aspect" of the case, she said, was that "a single lump-sum award, instead of incremental awards" to publicly financed candidates would be constitutional.
§ 838.235 Payment of lump-sum awards.
Reasoned awards provides some sunlight; lump-sum awards offer only darkness.
And, mostly because lump-sum awards are traditional in arbitration, courts are OK with them.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com