Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
Unrestrained arbitration decisions based on good intentions have corrupted the Policy. By exercising a little restraint, ICANN's dispute resolution providers can still save a good policy and allow the appropriate cases to be heard by courts of law (509)."
In other words, Stewart is suggesting that going for arbitration is the quick fix, and that the quick fix absent the law as applied by those best qualified to interpret and apply the law, might perhaps result in one party not receiving the fullest benefit of the law. It is a good point, but not a point that applies to cases that are so simple in nature as is Tom and Sue's. Also, if taking a court action can impact their business in an adverse way, then it remains in the best interest of Tom and Sue in their business to resolve the problem without the benefit of a legal expertise whose qualifications are probably more than this situation needs.
Linda R. Singer refers to mediation as the "sleeping giant," because of its flexibility, which makes it fit businesses of all sizes and appropriate for dispute resolution within those varying sized businesses (70). In the case of Tom and Sue, we really do not have the details of the size of their business, but we know that their partnership consists of just the two of them, because there are no other partners involved in this dispute. Singer points out that a mediator can help the parties to move beyond their sticking point by working through those sticking points, which brings them closer to conflict resolution (70).
Sandra E. Gleason (1997) says that successful dispute resolution is often a way of organizing the partnership's priorities (70). Gleason says that questions to be resolved in dispute resolution should begin with some basic questions and answers:
What are your goals for the process (What is the mission)?
What barriers do you see in the accomplishment of your goals?
What opportunities do you foresee?
What are your interests/needs? What do you personally hope to accomplish?
What do you see as the most critical issues to be resolved in this mediation process?
What do you see as the most important issues for the group to address?
What is at stake for...
They help to identify where the real problems at stake can be recognized and quickly resolved. Certainly two people who have invested the time, finances, money, and energy in creating together a business venture are interested in preserving that business venture, and working through issues that could ostensibly bring about the end of a lucrative partnership over something so reconcilable as ego.
In making the decision to recommend mediation to Tom and Sue, the greater benefit to their business is very much the focus and consideration. This partnership does not need the negative attention that a court case and prolonged litigation can bring upon it. If dissolution of the business partnership is the goal - and that might well be the goal - then their interests are best served by mediation so that both parties can enjoy the fruits of their work and endeavors.
Works Cited
http://www.questiaschool.com/PM.qst?a=o&d=10430129
Gleason, Sandra E., ed. Workplace Dispute Resolution: Directions for the 21st Century. East Lansing, MI: Michigan State University Press, 1997. Questia. 16 Jan. 2009 http://www.questia.com/PM.qst?a=o&d=10430129.
A www.questiaschool.com/PM.qst?a=o&d=85998075
Singer, Linda R. Settling Disputes Conflict Resolution in Business, Families, and the Legal System. Boulder, CO: Westview Press, 1994. Questia. 16 Jan. 2009 http://www.questia.com/PM.qst?a=o&d=85998075.
A www.questiaschool.com/PM.qst?a=o&d=5000113897
Stephens, Gene. "Future Justice: From Retribution to Reconciliation." The Futurist Sept.-Oct. 1989: 21+. Questia. 16 Jan. 2009 http://www.questia.com/PM.qst?a=o&d=5000113897.
A www.questiaschool.com/PM.qst?a=o&d=5001008848
Stewart, Ian L. "The Best Laid Plans: How Unrestrained Arbitration Decisions Have Corrupted the Uniform Domain Name Dispute Resolution Policy." Federal Communications Law Journal 53.3 (2001): 509. Questia. 16 Jan. 2009 http://www.questia.com/PM.qst?a=o&d=5001008848.
Works Cited
http://www.questiaschool.com/PM.qst?a=o&d=10430129
Gleason, Sandra E., ed. Workplace Dispute Resolution: Directions for the 21st Century. East Lansing, MI: Michigan State University Press, 1997. Questia. 16 Jan. 2009 http://www.questia.com/PM.qst?a=o&d=10430129.
A www.questiaschool.com/PM.qst?a=o&d=85998075
Singer, Linda R. Settling Disputes Conflict Resolution in Business, Families, and the Legal System. Boulder, CO: Westview Press, 1994. Questia. 16 Jan. 2009 http://www.questia.com/PM.qst?a=o&d=85998075.
Stephens, Gene. "Future Justice: From Retribution to Reconciliation." The Futurist Sept.-Oct. 1989: 21+. Questia. 16 Jan. 2009 http://www.questia.com/PM.qst?a=o&d=5000113897.
Stewart, Ian L. "The Best Laid Plans: How Unrestrained Arbitration Decisions Have Corrupted the Uniform Domain Name Dispute Resolution Policy." Federal Communications Law Journal 53.3 (2001): 509. Questia. 16 Jan. 2009 http://www.questia.com/PM.qst?a=o&d=5001008848.
Resolution of a Business Conflict Conflict at the workplace is largely unavoidable. This is mainly because in most cases, people tend to view things differently and in that regard, different viewpoints may get in the way of a harmonious workplace environment. This text concerns itself with workplace conflict. The link to the article I will make use of is: http://edition.cnn.com/2013/09/03/us/new-york-racial-slur-lawsuit/ The article I will concern myself with in this case is titled
Conflict Resolution: Scenario Analysis The purpose of this research paper is to find theories and ways on how people deal with conflict on a smaller scale. Conflict arises from differences. It occurs whenever people disagree over their values, motivations, perceptions, ideas, or desires. A deep personal need is at the core of the problem, such as a need to feel safe and secure, a need to feel respected and valued, or a
In particular, Jennifer Shack (2003) notes that mediation can save time and money and improve the satisfaction of those using the court system, but only under certain conditions. Shack (2003) notes that the type of mediation program used is important in seeing advantages over legal actions. She notes that while there has been a "tendency has been to equate one mediation program with another and to assume the effectiveness of
2. How important is it to "walk in the other person's shoes" when trying to avoid or resolve a conflict? Explain. It would seem to be extremely important to be able to "walk in the shoes" of other people in any situation where the individuals involved might be prone to frustration or anger. In fact, the ability to appreciate the perspective of others in this way would help imagining the possible
COPD Scenario Jack Little is a 59-year-old panel beater with a past medical history of smoking two packs of cigarettes per day for approximately 40 years (80 pack years), chronic bronchitis, and corpulmonale. Jack was on holidays with his wife in the high, mountainous area when became extremely short of breath. His wife took him to the Emergency Department (ED). On presentation to the ED, Jack was agitated and dyspnoeic at rest
Children in this mediation scenario have the rights to develop educationally, emotionally and psychologically. The outcome of the mediation scenario must ensure their growth and development hence the overriding factor would the interests of the children. The case plan would adopt the federal and state laws in relation to the custody of children in order to come up with applicable result. This is because the ethical and legal issues of