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The author of this report has been asked to prepare a brief report about a real-world example of a situation that could have gone to litigation but was instead handled via alternative dispute resolution, or AD for short. As part of the recitation of the event, facts will be included such as the legal form of the business in question, how the case would have been processed through the court system (had it gotten that far), the form of alternative dispute resolution that was used, the form of alternative dispute resolution that the author recommends and the differences in costs and benefits between litigation and AD in regards to the selected dispute.
The business in question for this report (which shall not be named) is a moderately sized Subchapter S Corporation (S-Corp) business with about two hundred employees. For smaller to moderately sized businesses, the S-Corp structure is…… [Read More]
Why have so many jurisdictions turned to forms of ADR to supplement the judicial process?
Alternative dispute resolution (ADR) is a procedure of dispute resolution that functions as a means of utilizing an external party for settling disagreements between two different parties. In the contemporary, ADR has come to be extensive and espoused by numerous states and expanses in the United States. Notably, in recent times, a number of courts have necessitated that a number of parties employ ADR to settle the presented cases. In the event that the process of mediation of alternative dispute resolution fails to come to an amicable agreement, then the case in question for the parties can be undertaken in court. Owing to the progressively more caseload of customary or old-fashioned courts of law, ADR has attained admiration and approval. This is for the reason that ADR encompasses less expenses, provides privacy, and it also…… [Read More]
The four main processes of alternative dispute resolution are negotiation, mediation, arbitration and collaboration. Negotiation involves the two parties working out a solution based on the give-and-take dynamics of negotiation. ith mediation, the two parties hire a mediator. The mediator plays an independent role in trying to find ways to bring the two sides together, preferably without acting as a formal adjudicator. Arbitration is a process whereby an arbiter determines the outcome. The arbitration process is less formal than adjudication and can be used in a number of ways. It can be used, for example, if the parties agree that damage has been done but cannot agree on the reparations. The collaboration process involves the parties laying out ground rules, agreeing to deal with the issue in good faith, and generally work together to solve the common issue.
No author. (2007). Alternative Dispute Resolution. Department of Transportation. Retrieved…… [Read More]
In the case of this step being taken all parties agree to consider the recommendations and results of the investigation that will be carried out by this third party.
The consultative committee is still heavily involved at this point as the committee and the employee that has the original complaint could not resolve it to every party's satisfaction and all parties agree to allow the third party to conduct a complete and solid investigation into the grievance. Furthermore the parties involved agree to give careful consideration to the results of this investigation after it is complete. This does not mean that the results have to be agreed to or followed but only that all parties agreed to give consideration to it and let it carry considerable weight.
If the recommendations of the third party do not work out to be enough and the dispute is still considered not settled by…… [Read More]
Contract is a mutual agreement between at least two persons or parties, aimed at achieving a certain business goal. A contract can be oral or written, although, over the years, written contract has been preferred due to disputes that may arise in the later period of the contract. Often a lawyer is required during the mutual agreement, to ensure that the contract is legal, and serve as a witness of the agreement between the two. Contractual disputes can be during or even after the business process. This often results due to disagreements between the two parties or even misunderstanding.
Procedures in solving contract dispute
Contract Dispute Act is set by the United State that provides guidelines and procedures required whenever a dispute arises, and such disputes resolutions differ depending on the nature of dispute involved. Dispute resolution process involves filing a contract dispute between the two parties and…… [Read More]
When business internationally issues settling legal disputes international transactions. What practical consideration taking legal actions a foreign business partner-based country? Which laws precedence.
Dealing with conflict in the new global economy
The rise of the new global economy has generated profits for many enterprises because of the connections it has fostered. However, in addition to the positive benefits of international agreements, there has also been a rise in international disputes. "As international commerce increases, so does the volume of international business disputes…new inbound and outbound foreign investment surpassed previous levels. Some of these deals will fail, and not all contracts will be performed as planned" (A new way to resolve international business disputes in Illinois, 2013, CIDA). Two of the most common methods of dealing with international disputes between business entities are international litigation and international arbitration. Litigation has certain superficial advantages, from the point-of-view of a firm:…… [Read More]
"Divorce mediation confronts one of the most difficult conflicts that exist on earth, the breakdown and ending of the intimate, complex marriage relationship." The desire of individuals to remove divorce from the adversarial legal arena is fundamental to the growth of conflict resolution options for couples leaving a marriage. There is nothing more frightening than change, especially when the emotional stakes of the outcome of such change are so engendered in the emotions of the individuals involved, seeking a non-adversarial approach, is foundational to managing the situation effectively while attempting to avoid the pitfalls of making life altering decisions in a highly charged emotional situation, while still maintaining a sense of voice and control, a possibility the legal system does not usually allow as once again the individual must appoint a spokesperson and then trust that this spokesperson has the interest of all as their overriding goal.
The types…… [Read More]
conflict resolution is a difficult one because of its many components; for those entering the business world, a mastery of conflict resolution is absolutely essential. In this article, Catherine Morris (2002) discusses the different forms of conflict resolution, specifically identifying the differing roles people need to play in attempting to resolve conflicts. In determining the correct type of conflict resolution to apply to a given situation, the type of situation must be considered as well as the severity of the problem and the potential resolutions that can be achieved. Of the different types of conflict resolution, most businesses employ mediation, negotiation, and facilitation among others while also utilizing people who can help smooth out emotional or personality differences. It is hoped that the issue can end in reconciliation, but sometimes that is not possible.
Morris argues that the traditional techniques utilized before the turn of the twenty-first century in conflict…… [Read More]
Fault: An Alternative to the Current Tort-Based System in England and Wales
The United Kingdom
statistics regarding claims
THE NATIONAL HEALTH SYSTEM
OBSTACLES TO DUE PROCESS
THE CASE FOR REFORM
THE REGULATORY ENVIRONMENT
THE RISING COST OF LITIGATION
LORD WOOLF'S REFORMS
MORE COST CONTROLS
THE UNITED STATES
THE INSURANCE INDUSTRY
TORT REFORM IN AMERICA
STATISTICS FOR ERROR, INJURY AND DEATH
THE CALL FOR REFORM IN 2003: A FAMILIAR REFRAIN
THE UNITED STATES SITUATION, IN SUMMARY
NEW ZEALAND CASE STUDIES
THE SWEDISH SCHEME
COMPARISON: WHICH SYSTEM IS BETTER?
FIRST: UNDERLYING DIFFERENCES
TALKING TORT: AMERICAN PECULIARITIES
AMERICANS CONSIDER NO-FAULT
BRITAIN CONSIDERS NO-FAULT
Appendix A THE UNITED KINGDOM
At issue is the economic effectiveness of tort law in the common law legal system of England and Wales, as applied to medical and clinical negligence and malpractice cases. In response to economic concerns and a continual…… [Read More]
Alternative Dispute esolutions and Their Important ole in Expanding the Judiciary Process for the Public
Alternative dispute resolutions (ADs) can come in a variety of forms, such as arbitration, mediation, case conferencing, neutral evaluation, parenting coordination, summary jury trials, or collaborative family law. Such procedures typically require less formality and occur in a more confidential setting. In such manner, the participants can bypass the court room, save money, and move more rapidly to a settlement without resorting to the process of litigation.
Arbitration is an AD process in which an arbitrator who is a neutral third party hears the arguments from the two disagreeing parties. The two sides may present their arguments and their evidence before the arbitrator, who listens and then determines the outcome. The process is much more informal than a trial. For one, there is no jury, and presenting evidence is not as strict a process as…… [Read More]
A lawsuit would create bad publicity for the bank during a period when it needs to create a positive image for itself in the media.
Retaining a strong relationship with an IT business partner is beneficial for CS, given the ever-changing nature of technology. The changing demands of the project is one reason the company has had such as stressful relationship with SS, and presumably the new system will require updates and reform in the future. Fostering a bad relationship with a well-known technology company is hardly in the interest of CS if it needs to update its system again.
Specific measures managers may take to minimize legal risk or realize legal opportunities.
Clarity in wording is essential in the future agreement for both parties. From the perspective of SS, limiting its liability is of paramount important, given that under the current contract, regardless of how tenuous an argument, CS…… [Read More]
"Twenty-three million Americans experience workplace bullying within their work lifetimes" (cited in Seagriff, 2010, p. 575). With the economic challenges Americans are facing recently, tensions in the workplace are also on the rise, as employees increasingly worry that their jobs are in jeopardy. This fear over possibly losing their job means many employees will not risk reporting bullying to their employers.
Interdependence conflicts, as mentioned, are another common type of workplace conflict. This type of conflict centers on an employee's dependence of another person's assistance, input or output to perform their job (Kankanhalli, Tan, & Kwok-kee, 2007). In other words, task interdependence varies depending on the extent which an employee needs materials, information or support from their workplace peers, in order to do their job. "Task interdependence alters the course and consequences of conflict. Some have asserted that because high task interdependence implies the need for intensive interactions among members,…… [Read More]
AASA IDEA Proposal
The conflict between parents of students with disabilities and members of the school district is an unending issue that has continued for numerous years. More often, special education administrators are nominated study the conflict for finding a solution amicable to all parties. If not, conflict can set in motion due process enquiries that transfer valuable time and money away from general district resources (Mueller & Piantoni, 2013).
Gaining an understanding of the manner in which administrators generally address such conflict can offer guidance to leaders as they encourage partnership and group effort between the home and school (Mueller & Piantoni, 2013). About four decades ago, only twenty percent of all students with disabilities in the United States were able to gain access to education in public schools. However, in the present day, this number has significantly increased to ninety five percent. This is deemed to be a…… [Read More]
Partnership agreement can be described as a voluntary contract between two or more parties towards the accomplishment of a mutual goal or objective. In most cases, a partnership agreement is the legal and written agreement between partners in a business. However, in some situations, a partnership agreement is an oral agreement where terms are implied upon the parties with no written document. Notably, the oral partnership agreement is still enforceable like the written one despite the absence of a written document. This implies that a partnership agreement does not necessarily need to be written in order to be effective. One of the most important considerations to make when entering an oral partnership agreement is how any conflicts would be resolved while ensuring each party fulfills his/her respective role in the contract. For instance, a partner is disputing an already established partnership agreement whose terms are still the same but there…… [Read More]
Hill People Page
In 1997, when Kirk Watson was running for mayor, Austin was in the drunken throes of enjoying a decade-long spell of unprecedented, economic growth. Unemployment was on the downswing. Corporate relocations and expansions were on the upswing. Venture capitol and new business creation was rising to an all-time high. Office buildings, apartment complexes, new home subdivisions, retail centers, along with all the roads to support them, were sprouting up all over the city. As a consequence, the city populace had become polarized in their feelings about growth and had split into two political camps. There were the developers who welcomed Austin's transition to a large, thriving metropolis much like the mega-cities of Dallas or Houston, and there were the environmentalists who didn't want Austin to be a city at all, but wanted to go back to the hip college town that was the Austin they knew in…… [Read More]
Social Media in Marketing
The four components of a legally astute social media-marketing manager
In this paper, I will look at Facebook as the leading social networking site. The four components of a legally astute manager include the knowledge, judgment, proactive and the attitudinal component (Bagley, 2006). A legally perceptive manager must acknowledge the importance of law to company success and accept responsibility for being in charge of legal factors of the business. In addition, they recognize the need to fulfill the societal expectations and meet the ethical considerations. From the proactive perspective, this manager brings counsel in the cycle of decision-making. Because they are proactive, they do not wait for last minute rush to finalize deals. A social media manager must be well educated about these four characteristics. Nowadays, more firms are using the social media platform for purposes of marketing. Further, a company might fall behind if it…… [Read More]
egardless of the actual operation being run at a time or the other, iordan Manufacturing respects the regulations instated for all types of activities. We respect the right of our staff members; we respect the rights of the communities in which we operate and we function in full accordance with the national and international stipulations.
We condemn any type of sexual or otherwise discrimination or any type of illegal treatment of the staff members. We have instated internal rules of conduct which clearly state that all our employees are required to obey the legal provisions enforced in their professional operations.
Our governance is based on principles of legal doings, ethics and morality, as well as equal opportunities. In this line of thoughts, we strive to operate in a means that creates more value to our various categories of stakeholders. The principles by which we guide our operations are…… [Read More]
science marches forward, reproductive cloning of humans will likely become a reality. It has already been accomplished with dogs, cats, cows and monkeys. This means that one day a person will be able to have a child with his/her own cells. hat do you think some of the family law issues will be as this form of alternative reproduction becomes a reality?
As soon as Dr. Ian ilmut made a breakthrough announcement that he, and his team, had successfully cloned an adult sheep in 1997, the salience of the controversy about cloning humans and genetic modifications in the human genome virtually erupted (Rose, 1999). It became clear at this point that it was feasibly possible to conduct a range of scientifically assisted reproduction such as human cloning for example. There could also be a mix of genetic information bestowed on a child. For example, family planning could resemble something along…… [Read More]
The ole legal nurse consultant may provide service in a number of roles, including but not limited to:
Trainer and in-service presenter
Quality improvement, risk management, claims management
Liability insurance marketer and clinical resource" (Chizek, 2003)
As standards of care constantly change, medical and nursing staff must keep informed of current standard to develop and/or modify policies and procedures, which must be maintained and secured indefinitely. In the event the facility is sued, these will be used to establish the current standard during the time of the questionable occurrence. Policies and procedures also provide the legal nurse consultant with the foundation for facility documentation to be judged for compliance. (Chizek, 2003)
The minimum length of time the modified policies and procedures should be kept is the time frame of the statute of limitations in the individual jurisdiction. In most jurisdictions,…… [Read More]
Once an interaction has been made which eventually resulted for the employee to voice out his/her grievances or complaints over the management or against his/her co-workers, then the real problem will be discussed thoroughly. The H people can now sit down and analyze the root cause of the problem, how it can be solved and what things should be done.
Asking for behavior change.
At this stage, it is assumed that the complaint has been evaluated and found to be valid and reasonable. If the compliant is more of a personal compliant where one employee is uncomfortable with the manners or with the way his/her co-worker's work, then the H personnel can now decide of a behavior change is really necessary. If it essential, then the H personnel can establish the next course of action which will be coursed thru the immediate supervisor of the person concerned. It must be…… [Read More]
It in this manner, therefore, that mediation is preferable.
OLE of MEDIATO in the INDUSTY
Acting as a bridge between the parties, the mediator, arbitrarily, assumes either a purely facilitative role in which he restrains himself from interfering, or serves as an evaluator where he evaluates the nuances of the case and recommends a basis for settlement. However -- and this is where mediation differs from arbitration -- the mediator is limited from mandating a particular outcome which causes the mediation process to manifest itself as inherently non-binding 14.
A creative mediator practices extremely acute listening skills in order to tease out the interests that are most important to each party. To that end, he or she will identify different preferences amongst the parties and design a package where each party receives what it values most and concedes what it values less than the other party.
Focus will be…… [Read More]
English Right of Set-Off and Combination in the Circumstance of Insolvency
The right of combination and set-off, as developed under English law offer a number of safeguards to banks and creditors in general. These rights were expanded under the principles that they were necessary to effect substantial justice and that they would stimulate economic growth and trade. In the following paper, I suggest that the judicial application of these rights has tended to unfairly favor banks at the expense of the individual customer, which may initially stimulate growth by encouraging banks to provide loans, but in the long-term may serve to deteriorate trade, particularly at the international level. Customers in other countries, particularly civil law countries, experience much more risk when they do business with an English bank, and hence may be better off refraining from bringing their enterprises there, or at any rate must be extremely careful in drawing…… [Read More]
Negotiation & Conflict esolution Successfully
Summarize the main points Fisher is making in each of these three chapters.
In these chapters, Fisher sets forth the Principled Negotiation concept. This section summarizes the main points Fisher is making in each of these three chapters. Fisher's recommends that an aggressive negotiator adopt principles in the most appropriate way to the opponent. The principled negotiator should inquire about the opponent's concerns, display he or she is aware of these issues, and asks the opponent to identify all issues. After discovering all interests, Fisher suggests inducing the aggressive negotiator to discuss options and to think from the angle of objective criteria in making decisions.
In the chapters, Fisher provides that another way of propelling a principled or integrative negotiating is to think from the perspective of pacing, matching, modeling, and leading. To convince the competitors to change orientations, they must feel as completely understood…… [Read More]
Under the provisions of Title VII, all employers involved in interstate commerce with more than 15 employees are prohibited from discriminating against their employees on the basis of race, color, religion, sex or national origin. Title VII makes it illegal for employers and labor unions to discriminate in relation to hiring, discharging, compensating, or in providing the terms, the conditions, and privileges of employment.
Actions pursued under Title VII are involved a different course of action from those filed under §1981. §1981 actions can be filed directly in the trial court while Title VII actions must first be filed with the Equal Employment Opportunity Commission (EEOC). This is an informal process, initially, and requires that the aggrieved party meet with an EEOC counselor. The counselor will advise the party of his or her alternatives which include traditional counseling or alternative dispute resolution. The injured party will make a determination as…… [Read More]
Response 1: Robyn Finster
You make a good point about asymmetry of information. There was no third party made available to draw up this contract to make it equitable, or explain its terms. The Commercial Credit Loan drafted the agreement. There was no opportunity for the borrower to allow a lawyer or other individual to examine the terms of the agreement, given the pressure Commercial Credit exerted upon the borrower for an immediate signature.
Response 2: Elizabeth Laage
Your personal story indicates how even when consumers seek out information, frequently the language used is so confusing it sounds contradictory. Part of the notion of contractual unconscionability, I believe, should include consideration of language that is deliberately misleading to one of the parties. Consumers often are confused and agree to lopsided legal contracts, based upon biased information they hear, or because of the way the agreement is phrased.
Response 3: Derek…… [Read More]
My family already recycles, and I am working with my community association to change garbage service providers to one that takes a broader range of recyclable materials, to encourage more recycling in my neighborhood. At home, my family has also stopped drinking bottled only eats organic free-range meat and poultry products, though we still drink bottled water and eat factory-farm products when dining out. While none of these changes can completely eliminate my carbon footprint, I think that if all Americans embraced these types of changes, we could see a noticeable difference in the continued rate of climate change and environmental destruction.
While it may be difficult to forecast the environmental future, it seems like making a ten-year financial forecast would be impossible in these difficult financial times. However, I think that I can accurately predict that I will be doing well financially in ten years. I am fortunate…… [Read More]
In situations where outcome or decision control is ceded to a legitimate decision-maker, the available legal procedure may be judged according to whether it provides adequate 'voice' for the aggrieved, adequate process control, and/or the satisfaction of being respected and afforded an appropriate level of procedural justice as a litigant, defendant or citizen.
In any event, continued dialogue between lawyers and psychologists from both types of system is encouraging. To this end, van Koppen and Penrod (2003) have collected legal psychological analyses of American and European criminal justice procedure together in a recent volume allowing comparisons between adversarial and inquisitorial mentalities.(n10) If this type of work continues, we may better understand when each type of process works best and when people, be they socialised in Australia, America, England or continental Europe, react best to adversarial or inquisitorial systems of legal decision-making in particular contexts.
In many jurisdictions, the approaches of…… [Read More]
Conflict, according to Word Net, (2011) is "an open clash between two opposing groups (or individuals)" it also defines it further as "opposition between two simultaneous but incompatible feelings." This definition presupposes, and correctly so, that that two varying groups of people/individuals living, working or travelling together have the possibility, even if very remote, of conflicting.
Since man must co-exist, and in the process conflicts have to emerge, the purpose of this paper is to divulge the various ways through which individuals involved in conflict can attempt to solve the conflict as well as looking into the mediation process once the individual conflict resolution method has failed.
When exposing people to a cross cultural situation, there is a likelihood of conflict to occur, and having known this, it is significant to prepare both parties from the varying cultures for the eventualities that they face and how to handle…… [Read More]
Workplace Conflict Management
The modern business environment comprises individuals from different nationalities, racial and ethnic backgrounds because of increased globalization and rapid technological advancements. As a result, human resource management practices in today’s business atmosphere have incorporated diversity as a crucial component towards promoting the wellbeing and success of the workforce. Diversity is seen as an important factor in enhancing the contributions of the workforce toward achievement of organizational goals and objectives. However, organizations are faced with the need to handle conflicts effectively because of the diverse nature of the workplace and workforce (Oni-Ojo, Iyiola & Osibanjo, 2014). Therefore, workplace conflict management has emerged as an important factor toward promoting the suitable functioning of the workforce. Effective workplace conflict management requires understanding the causes and impacts of conflict and utilizing appropriate strategies to lessen unnecessary conflicts and/or deal with them.
Causes and Impacts of Workplace Conflict
According to Overton &…… [Read More]
Figue 1. Demogaphic composition of the United States (2003 estimate).
Souce: Based on tabula data in Wold Factbook, 2007 (no sepaate listing is maintained fo Hispanics).
Fom a stictly pecentage pespective, it would seem that Asian-Ameicans do not epesent much of a theat at all to mainsteam Ameican society, but these mee numbes do not tell the whole stoy of couse. Fo one thing, Asian-Ameicans ae one of the most divese and fastest gowing goups in the United States today (Hong, Kim & Wolfe, 2005). Accoding to Alvaez and Kimua (2001), studies have documented time and again that, consistent with thei histoical teatment, Asian-Ameicans continue to be the tagets of acially motivated popety vandalism, vebal haassment, theft, physical assaults, and in some instances, homicide; futhemoe, othe studies have confimed that a pesistent patten diving anti-Asian violence is the peception of Asian-Ameicans as foeignes who pesent an economic, academic, social, and/o…… [Read More]
Using Mediation to Achieve Productivity
Anyone who has ever spent time overseeing small children - or business work teams - knows that such groups can function perfectly well for long periods of time - and then collapse for no apparent reason into chaos and disfunctionality. Knowing how - and even more importantly when - to intervene in a usually highly functioning group is one of the most important skills that a consultant can bring to the group intervention process. A consultant both must understand the nature of the process in particular (and so must have what are essentially anthropological skills to allow the consultant to determine how the "natives" think) as well as a general, in some sense idealized sense of how work processes should work in the abstract. Such a knowledge of how work processes can be their most effective allows consultants to diagnose what the problem…… [Read More]
Stress and grief can make it hard to reach sensible decisions."
The Issue of Arbitration in Family Law
Family Law frequently involves the lives of children, and includes requirements that continue after the case decision is made. It often requires ongoing contact between parties. In addition, "marital and family law takes place in this heightened emotion atmosphere that is not present in other litigation," West notes. "The Family Law Section's 'Bounds of Advocacy' handbook is proving to be a legal best-seller in Florida, albeit a free one," the Florida Bar New eports. ichard West, immediate past chair of the section, states, "The general thrust of it is that marital and family law is different from other forms of litigation, and it needs to be handled differently."
West contributed to assembling the handbook and works regularly to distribute it. The handbook West distributes consists of a recognition that minimum standards…… [Read More]
If a person to whom a ring is given can prove all three of these elements, then a court is likely to deem the ring to be a gift. Thus Heathcliff would have no claim to the ring at a future date in time.
"Alternative Dispute esolution - Guide to Alternative Dispute esolution Law," 2010, viewed 25 August 2010,
"Australian Family Law," 2010, viewed 25 August 2010,
"Australian Legal System Lecture 2 Case Law," n.d., viewed 25 August 2010, < http://www.google.com/url?sa=t&source=web&cd=9&ved=0CDEQFjAI&url=http%3A%2F%2Fwww.scribd.com%2Fdoc%2F36157559%2FTopic-2-The-Australian-Legal-System-20209&rct=j&q=Australian%20Legal%20System%20Lecture%202%20Case%20Law%20&ei=Njp1TI-AG4GAnwf3lI2kBg&usg=AFQjCNF4mVEaS2T-O84YTsbnHjkBn2TLGw&cad=rja>
"Lecture Five: Principle of Precedent," n.d., viewed 25 August 2010,
"Marriage Act,"1961, viewed 25 August 2010, < http://www.austlii.edu.au/cgi-bin/sinodisp/au/legis/cth/consol_act/ma196185/s111a.html?stem=0&synonyms=0&query=s111A>
"Top 2 The Australian Legal System," n.d., viewed 25 August 2010, < http://www.scribd.com/doc/36157559/Topic-2-The-Australian-Legal-System-20209>… [Read More]
Realm of Legal Negotiation
DISTRIBUTIVE VS. INTEGRATIVE
Negotiation involves a dialogue of two or more parties or people with the intention to reach a favorable outcome. This favorable result can be for just one party or both parties involved. The integrative approach to negotiation tries to expand the "pie" to make sure everyone gets something. However, the distributive approach ensures one side "wins" and the other, "loses." The legal landscape of practicing lawyers today asks for a further analysis of what is effective and what is not. Meaning, the distributive method greatly outweighs the integrative method in terms of its utilization in lawyer-to-lawyer negotiations because of how it can be used to help one side get what it wants. That is what lawyers do, they try to get the best outcome for their client, not for both parties involved.
Negotiation is a difficult activity to learn and master. ADR or…… [Read More]
This is usually a low standard to achieve. As long as a person acts in a way which avails the person of the protection of the laws of that state, that person has subjected themselves to the jurisdiction of that state (International Shoe).
Next, the complaint will allege subject matter jurisdiction, i.e., that the lawsuit fulfill the requirements for this court to hear it? Pertinent requirements can include how much money haws plaintiff sued for or whether the case poses a question about a federal statute or the U.S. constitution. In many cases involving litigants from different states, the Plaintiff will allege that he is suing the Defendant for an amount greater than $75,000.00, which is the minimum monetary amount for federal subject matter jurisdiction (Title 28 U.S.C. § 1332(a)) and that the Plaintiff does not reside in the state in the same state as any defendant (Am Jur Pleading…… [Read More]
This is one of the telling effects of the settlement which is good for business and overall governance.
All Academic esearch, the effect of State-endorsed Arbitration Institutions on International
Trade, Paper presented at the annual meeting of the MPSA Annual National Conference, Palmer House Hotel, Hilton, Chicago, IL, 3 April 2008, available at http://www.allacademic.com/meta/p_mla_apa_research_citation/2/6/8/2/0/p268209_index.html;Internet; accessed 11 June 2008.
Buhring-Uhle, Christian; Kirchhoff, Lars; Scherer, Gabriele. Arbitration and Mediation in International Business. Kluwer Law International. 2006. p. 106.
Fells, ay. "Settlement Process or Tactical Opportunity? Mediation in Industrial elations."
Journal of Industrial elations, 41, no. 4 (1999): 594-611.
Morgenson, Gretchen. Good Deal for Merrill. How About Investors?; Settlement May Not
Easily Change a Culture that Created Conflicts. The New York Times,
May 22, 2002. p. A4.
Morrison, William F. The Savvy Negotiator: Building Win-Win elationships.
Westport, CT: Praeger. 2006.
emington, Harold. "Bankruptcy Law and Peaceable Settlements of Business Failures." The Yale…… [Read More]
Tennessee Scrap ecyclers Association v. Bredesen, the court affirmed the law in question and upheld the state's ability to set the terms under which it would allow transactions regarding scrap metal to take place. The court noted that the problem the law was designed to thwart was a local issue and thus did not violate the Fifth Amendment's Commerce Clause (State law, 2009, Cengage). Also, the additional burdens imposed upon the scrap metal dealers were so minimal it did not affect their ability to participate in interstate commerce, nor did it give additional privileges to in-state dealers. "The government did not take possession of any property; it only regulated the method in which the business is lawfully transacted" and there was a compelling law enforcement issue at stake -- to prevent transactions in stolen merchandise (State law, 2009, Cengage).
In the case of American Canine Foundation v. City…… [Read More]
Conflict is something that we come across in our everyday life-be it at the workplace or in our homes or with the neighbor. The basic source of conflicts is disagreements. In this paper we would restrict ourselves to the conflicts at workplace. There are several aspects in which conflicts at workplace can happen. Conflicts can be between co-workers and between workers and the management or between the management and the union (Lansford, 2008).
The way to resolve conflict at workplace-or for that matter at any other place, is through negotiations. Negotiation is the term that is given to the process of dialogues to resolve disagreements two persons or two groups of persons and when the disagreement is based on interest, goals, values or beliefs (Deutsch & Coleman, 2000). The process through which such parties arrive at a common goal or a possible agreement is termed as negotiation.…… [Read More]
Individuals With Disabilities Education Act: Compliance Hearings
Compliance Hearings: IDEA
The Individuals with Disabilities Education Act (IDEA)
IDEA is the driving force behind fairness and access for millions of students with special needs. Although it has opened the door for many, there are still instances of noncompliance among school districts. Is the current use of compliance hearings the best way to ensure that students with special needs are receiving the best quality education? Why or why not?
It is true that IDEA has done a lot to make education more accessible and favorable for children with special needs (Imber et al., 2013). Working complementarily with the No Child Left Behind (NCLB) policy, IDEA has led to the development of a federal monitoring and compliance system that has made school districts not only more compliant with the provisions of IDEA, but also more focused on maximizing the education outcomes of students…… [Read More]
A Corporate Compliance and Enterprise isk Management Plan for iordan Manufacturing
iordan Manufacturing is a wholly owned subsidiary of the Fortune 1000 company iordan Industries, and is engaged in the manufacturing of a variety of finished plastic goods and parts for use in other finished products that the company as been contracted to provide. The company has been highly successful utilizing a global network of manufacturing and distribution to maximize profitability by reducing labor costs and diversifying its product offerings, but this international exposure also places certain legal constraints and responsibilities on the company that must be accounted for in iordan Manufacturing's corporate compliance plan, which is the primary focus of the following paper.
In order to develop this corporate compliance plan, however, some background information on the company is necessary to determine organizational structure and culture, and also to develop a corporate compliance plan that is in keeping…… [Read More]
Janice how an Act of Parliament is made.
Acts of Parliament are the source of the most fundamental, important statutory laws in the United Kingdom. The process of creating an Act of Parliament is lengthy and complex, with interplay between many different governmental units. All Acts of Parliament begin as an idea, usually a response to some noted problem or social issue in the United Kingdom. These ideas become legislative bills are when a particular government department decides to sponsor the bill and introduce it into Parliament for passage. ills may start their passage in either the House of Commons or House of Lords.
Although the government sponsor will get official credit for drafting the bill, the process of drafting the bill often occurs long before the sponsor puts its name on the bill. efore a bill is introduced in either the House of Commons or the House of…… [Read More]
Unfortunately, online merchants could conceivably be responsible for complying with hundreds of laws in hundreds of countries (Country of Destination? (http://www.ecommercetimes.com/story/4218.html)."
One French judge has ordered Yahoo to find a way to stop French residents from gaining access to the Nazi memorabilia auctions that they have on the site. Yahoo fought the order and there is currently a mediation feasibility study being conducted to determine whether it is even technically possible to do.
At the time, Yahoo! senior vice president Heather Killen said, "This case opens up broader issues on Internet jurisdiction -- whether one country has the jurisdiction to regulate the content of Web sites in another country (Country of Destination? (http://www.ecommercetimes.com/story/4218.html)."
The Federal Trade Commission recommends that online companies let their customers know up front which nation's laws will apply in the case of a dispute.
The agency is also advocating setting up an Alternative Dispute esolution (AD)…… [Read More]
Latino community leaders want to achieve equality in the United States for Latino-Americans and immigrants, but they want to preserve their cultural uniqueness and traditions in the same way that other immigrant groups have done in America. hile the academic opportunities that are now open to Latinos in America are encouraging, and the career opportunities that are becoming available through alternative dispute resolution is helpful, Latinos are still struggling, as has every immigrant in American society, with maintaining their identity as a cultural group. Assimilation, Latino experts hold, is a good thing, but loss of cultural identity is not (119). So there remains an emphasis on helping the Latino community recognize and to celebrate its own identity.
Contreras, Josefina M., Kathryn a. Kerns, and Angela M. Neal-Barnett, eds. Latino Children and Families in the United States: Current Research and Future Directions / . estport, CT: Praeger, 2002.…… [Read More]
ADR -- Facilitating Conflict Between Children: Peer (School) mediation programs
Perspective of Media Source: CNN
Before the shootings at Columbine High School, many parents simply thought of childhood and adolescent bullying as simply a rite of passage, a natural part of growing up, rather than something to be alarmed at. However, according to the popular online media source, CNN.com, an informational news website, President Clinton echoed teachers and therapists that although "we don't know all the facts about what happened in Littleton, but one of the things that have come out of this that's really made an impression on me is that the young men who were involved in this horrible act apparently felt that they were subject to ridicule and ostracism and they were kind of social outcasts at the school. But their reaction to it was to find someone else to look down on." (CNN.com, 1999)
The media…… [Read More]
Attorneys of every ilk are consistently and constantly faced with decisions that test their ethical considerations. Corporate attorneys faced with illegal activities, divorce attorneys faced with familial consequences, defense attorneys defending sometimes guilty clients, medical attorneys pursuing lawsuits on trivial matters, and even attorneys who represent politicians and policy makers are all examples of attorneys who, at some point in their illustrious careers, are faced with ethical situations that will test their mettle. Oftentimes attorneys will necessarily be taken into their client's confidence regarding situations that are questionable. The question this paper will focus on is 'when is it ethical for an attorney to betray a client's confidence?' This question is a significant one in that most attorneys are going to be faced with ongoing situations that will cause them to make ethical decisions based on their beliefs and belief systems.
The importance of the study is that it…… [Read More]
iordan Compliance Plan
Compliance Plan for iordan Corporation
Compliance Plan for iordan Manufacturing
iordan Manufacturing is a plastic design and manufacturing enterprise that is based at San Jose, CA. It is classified amongst Fortune 100 enterprises with its $1 billion worth of capital base. The company has been on expansionary mission, which has led to other branches being opened at Albany, Pontiac, and Hangzhou in China. In addition, the amount of transactions carried out through e-commerce has almost doubled in a span of less than two years. As such, the management discovered the necessity to initiate an enterprise risk management (EM) program as part of the strategy to take care of the uncertainties; also assured stakeholders of the value in their investments. Consequently, the company's management reached a consensus to implement EM basing on the internationally acclimated guidelines offered by a Committee of Sponsoring Organization of the Treadway Commission (COSO).…… [Read More]
Security measures are available to minimize this effect, in fact an entire industry has emerged to address these needs, but control will never be the same as when the employees are under one roof and subject to scrutinizing eyes and ears and computers and cell phones are free from potential hackers.
To put virtual office security into perspective think about all the security measures that are taken in traditional offices to ensure the safety of a business' equipment and information (Lombardi, 1994). Closed circuit surveillance systems are installed, alarm systems, security guards are utilized to protect the physical plant while extensive firewalls, networking passwords, and layered access systems are used to protect the business information (Rodriguez, 1996).
A distributed workforce can cause problems relative to collaboration. Many work projects require the coordination of different skills and with the workforce being distributed this may be difficult. Specialization of knowledge-based work, falling…… [Read More]
Another unfortunate reality is that simply banning the discharge of effluents into the Olifants River will only stymie efforts to improve the economic situation of the region. New mining, agricultural, and electrical interests are being encouraged to invest in the region because they will facilitate economic growth and propel communities out of poverty. An outright ban on the discharge of effluents into the Olifants River will have the net result of undermining economic growth and crippling the communities that already rely on this economic base for their livelihood.
Many communities and governments, however, are experimented with market-based solutions to situations in which the interests of many firms, individuals, and organizations must be balanced with the larger desire to protect valuable environmental resources so that all can utilize them. The Australian government, in particular, has pioneered efforts to introduce market economic into pollution control and regulation. Their experiences with this method…… [Read More]
Persuasion tactics are popular strategies applied in dispute management and decision-making in international negotiations. Persuasion is the core center of various alternative dispute resolution approaches. Persuasion is the only way for people to refine an international negotiation that is not working according to their expectations. Since persuasion is, the most popular tactic used to solve conflicts in international negotiations. Therefore, it is necessary for all negotiators to be familiar with negotiation skills and dynamics. However, some persuasion tactics used in international negotiations have shown to be undesirable and would not elicit productive and efficient results (Michaelowam, 2011).
Negative effect in international negotiation: even before the beginning of any negotiation, people in a negative mood lack the desired confidence. They become unable to use cooperative strategies. In the process of negotiating, negotiators who are in a negative mood will not enjoy the interaction; they will demonstrate minimal contentious behavior,…… [Read More]
National Association of egional Councils: History And Evolution
NAC's History and Purpose: furthering the cause of regionalism
The National Association of egional Councils (NAC) has been an independent entity for over thirty-five years. "The National Association of egional Councils (NAC) is the preeminent alliance for fostering regional cooperation and building regional communities.
We advocate for regional approaches with federal and state governments; provide training and technical assistance on the latest regional developments; and conduct research on timely regional topics." (NAC, 2003, (http://www.narc.org/)the National Association of egional Councils is an integral part of the growth and development of countless communities, be they interstate or otherwise..
In 1998 Beverly a. Cigler wrote an article entitled "Emerging Trends in State-Local elations" and though it is questionable that regionalism be defined as emerging it is clear that the academic and governmental organizations that entitle change are sitting up and taking notice of organizations like…… [Read More]
RE: APPLICATION FOR LEGAL ASSISTANT POSITION
Dea Judge Smith:
This lette epesents my application to you hono fo the position of legal assistant which you have stated though the State and County publications is open and needs to be filled. I come with excellent qualifications as pe my educational attainment and my educational achievement and commitment. I have attended Cumbeland School of Law and while I have not yet gaduated, I am in my final yea of law school.
I have genuine love and inteest fo the law and the legal secto of ou society because the law is eve-changing and this makes it vey inteesting as I follow the changes and shifts in the laws of ou county and this state. Indeed it is these changes that initially attacted me to this field of study as I have always been inteested in the legal pocess and since…… [Read More]
Tort of Negligence with regards to business law. The discussions will particularly focus on areas that affect business decisions and any underlying law principles that have any effect on the same. There is also a section that looks at some of the sources of distrust of law.
Negligence primarily means an action that creates an unreasonable risk, or in other words the failure of an individual to act normatively, as a rational person would. The standard that is used to determine if an individual is guilty of the offense of negligence is by asking ourselves whether a careful person would have done the same. In most cases it is often an issue of whether or not there was an act of negligence or conversely whether or not there was compliance or conformity of one's act to those of a reasonable man (Negligence-As a Matter of Law or a Question of…… [Read More]
Collaboration and conflict resolution in education." It was written by James Melamed and John eiman. This particular article is primarily concerned with conflict resolution that occurs within an educational institution. Specifically, such conflict is defined within this article as that which occurs when either a parent of a student or an employee of the educational institution "views the current system or relationship as not working." Such conflicts between parents and educational institution employees are fairly common, and can arise from the slightest incident. The article describes such conflict from two different perspectives. The first is when both of the aforementioned parties communicate directly with one another. The second is when the aforementioned parties seek a mediator to help them reach a resolution. The majority of the article is based on the latter of these scenarios.
One of the most important things about this article is that it accentuates the fact…… [Read More]
We allowed them to popose a mutually fai distibution of choes and eve since, thee have been no aguments ove choes, wheeas pio to this solution, it was a constant and epetitive souce of pepetual conflict.
Obviously, this paticula solution could just as easily have been esolved much ealie, saving eveyone involved the fustation of having to pefom hated choes, not to mention the geneal esentment odinaily associated with the choe schedule and the malaise that often pesisted within the family afte dawing us in to calm them down.
Pesonal Intevention: My pesonal style of expessing ange is to become quiet initially, eteat to compose my thoughts and esponses, and then seek esolution in a calm manne by discussing the issues without ange. My patne tends to espond to conflict by escalating his level of intensity in eal time, pefeing to "have it out" as soon as the issue aises.…… [Read More]
For example, in a group meeting: 'I understand that you're angry about the fact that the administrative staff is consistently late, and you think a time clock is the best way to address this issue, but I'm not sure this addresses the real, underlying issue that most of the staff is unhappy with their schedule.' or, on an individual basis, when faced with the prospect of being forced to wait: 'I understand that the restaurant is understaffed tonight, but my wife and I were looking forward to dining here, and unfortunately we have theater tickets for a performance in an hour. Could you perhaps seat us at a table in your bar and serve us there?'
Self-awareness of how an individual functions or how a group functions is thus critical to creating an effective conflict management style. ithout understanding one's personal bias, not simply in terms of specific issues, but…… [Read More]
Sports Illustrated proposed a thorough, if summary, compromise with regard to many of the issues that players and owners could not agree on: the elimination of arbitration in exchange for unrestricted free agency for 3-year veterans, establishing a middle ground between the owners' demand of free agency only after four years and the player's dislike of arbitration; also in the SI proposal were stipulations such as giving a luxury tax a three-year trial period for all parties to decide if it was in their best interest to keep.
Even solutions such as those proposed by the everyday baseball fan, such as "split profits 50/50" or other simplistic ideas could have been considered as options; instead, owners and players held fast to their positions and did not introduce new ideas to the negotiating arena, effectively ensuring that no progress would be made unless one side was a clear loser and one…… [Read More]
esolving conflicts within Internet schoolwork teams can often be a challenging task. At the University of Phoenix, as well as elsewhere, such conflict must be successfully managed in order to achieve peak team performance. While Internet-based team situations often face special challenges, the fundamentals of conflict resolution remain applicable. Successful conflict resolution involves a number of aspects, including exploring the reasons for the conflict, determining solutions, agreement on the solution, implementation and evaluation of the solution, and practicing the conflict resolution process.
Conflict is often a natural result of teamwork. However, the fact that conflict is natural does not mean that it cannot be managed in order to get the best team result.
It is important that team members understand that individual members have strong, and often different emotions and feelings, and that different opinions can be one of the most important benefits of teamwork (Penn State University).
Conflict can…… [Read More]
3) Enforcement of Teams Rules - This is not a technique that is desirable but is to be used when team members refuse to be team players;
5) Retreat - This allows individuals a cooling off period and is effective when there is not a real problem but only the perception of one.
6) De-emphasis - This is a type of bargaining that emphasizes the areas of agreement. (Townsley, 2006)
Teams require some conflict in order to effectively operate and cooperative conflict has the potential to "contribute to effective problem solving and decision making by motivating people to examine a problem." (Townsley, 2006) the work of Stulberg (1987) states that there are common patterns to all conflict which he calls the Five-P's of Conflict Management as follows:
4) Principles; and 5) Practices. (Stulberg, 1987)
Perceptions involve individual associated conflict with negative responses including anger,…… [Read More]
In this case, assumed North Korean aggression has arisen in response to economic sanctions placed on the country by the United States and other South Korean allies. This leads to the second step of the conflict, the identification of the sources and causes of the conflict, which are the political and economic disparity that exists between the two Koreas and can be traced back to the middle of the twentieth century and the spread of Communism -- and the West's attempt to stop it. This hints at the answer to the third step in the process, identifying the needs and aspirations on both sides: the North wants increased economic assistance and to be considered more of a powerhouse in global politics, while the South wants a less aggressive neighbor. This actually makes the conflict in many ways a cooperative one, as determined in the fourth step, though it could be…… [Read More]
It covers a specific device or process and it protected by the Patent Act. A patent can be enforced through the legal system. By contrast a trade secret more difficult to protect through the legal system. A trade secret is not generally known to the public whereas a patent is publicly viewable. A trade secret can be protected in states that subscribe to the Uniform Trade Secrets Act, but typically cannot be protected once the secret has been revealed.
There are a number of common encumbrances on title. Some examples are liens, mortgages, judgments, unpaid taxes, clouded title, easements and other restrictions.
A sole proprietorship is a form of business wherein the individual proprietor bears all liability for the business -- the business is not a distinct legal entity. Sole proprietorships are simple and inexpensive to set up and administer. However, the proprietor faces unlimited liability and pays taxes at…… [Read More]