Dispute Resolution Essays (Examples)

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" (U.S. Equal Opportunity Employment Commission, nd) This is a voluntary mediation agreement, which may opt out of by the employer or the employee. The benefits of the UAM include: (1) "UAM demonstrates from the outset a company's willingness to mediate on cases eligible for mediation - this may contribute to the ultimate satisfactory resolution of a matter; (2) With a UAM, the initial step of contacting the employer to see if they will mediate a particular charge is shortened or eliminated; (3) a UAM establishes a point of contact for the employer, thereby expediting the flow of information between the EEOC and the employer; (4) Fast tracking the information through established contact points expedites the scheduling of a mediation session; and (5) UAM's are flexible. They allow parties to opt out of mediation on a case by case basis if either believes the claim is not appropriate." (Equal Employment….

Contract dispute resolution is significant because there is always a chance there will be a problem with a contract at some point while it is in effect. At that time, there are both administrative and judicial processes that are available for disputing contract problems. These processes can be used to resolve problems with contracts in order to determine who is "right" and "wrong" when it comes to the dispute. By resolving the dispute carefully and properly, the rest of the contract can often remain in effect and part of the contract can simply be modified. If that does not work, it may be possible to nullify and void the contract in a way that is satisfactory to both parties, or to the party that was "in the right" in the dispute over terms and conditions contained within the contract. If one or both parties breaches a contract, it can become….

Alternative dispute resolution (AD) is a dispute resolution process that acts as a means of using an external party to settle disagreements between two parties Colbran, 2012.
AD has now become widespread and accepted by many states and counties in the United States. In the recent past, some courts have demanded that some parties use AD to settle their cases. If the mediation process of AD does not reach an agreement then the parties' case can be tried in court. Due to the increasing caseload of traditional courts, AD has gained popularity. This is because AD involves fewer costs, provides confidentiality, and it also offers greater control for the parties to select the individuals deciding their dispute. AD is classified into four categories namely mediation, negotiation, arbitration, and collaborative law. Divorce mediation is the preferred method for resolving any divorce case before the case can proceed to court for a full….

Now, both my high-paying job and my dream career had been stripped away from me. I had nothing left of earthly value. But I still had my faith.
My Christian faith carried me through these disappointments and brought me the strength to use my experiences and learn from them, rather than letting them crush me. Through my faith, I have developed the personal and spiritual resilience I believe will be required to make a success of the Master of Dispute Resolution degree offered by Pepperdine University. One thing I appreciate most about the program I am applying for is the opportunity to enter an environment where Christian values are a recognized and desired value.

My faith has always been extremely important to me, even since childhood. Although the corporate and culinary school environments were no particularly conducive to openly live according to the Christian way of thought and belief, I nonetheless….

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 them all" (p. 5), there are important differences in the effectiveness of different dispute resolution programs.

One advantage often noted for dispute resolution is that it provides an alternative to trial, thus saving both money and time. However, Stienstra and Willging (1995) note that dispute resolution is not used as an alternative to trial in many cases, at least in the federal court system. They note that "while AD (alternative dispute resolution) methods are often thought of as alternatives to trial,….

Alternative Commercial Dispute esolution: A Critical Assessment of the AD Mechanism in the Saudi Legal System and Practice
General review of Alternative Dispute esolution

The rationale of the AD movement. The benefits of using arbitration in particular in lieu of formal adjudication in the courts have attracted a growing amount of interest from the private sector around the world. For example, Davis and Katbeh (2009) point out that this process is especially evident in the politically unstable Middle East. According to these authorities, "Increasingly, commercial alternative dispute resolution (AD) programs are being created throughout the world. These AD centers provide a model of peaceful dispute resolution for other countries, particularly when they are located in a geographic area known for political conflict" (Davis & Katbeh, 2009, p. 67).

Certainly, Saudi Arabia is no stranger to political conflict, but there are some interesting aspects concerning commercial dispute resolution that are virtually unique to….

Furthermore, he has displayed extreme anger towards her and appears completely unwilling to compromise. He wishes to keep both the house and Eduardo to himself, as he seems to feel betrayed by Cherry, and wants as little as possible contact with her. Cherry in turn is worried about the effect of this upon her child.
The requirements for mediation have therefore only been fulfilled by Cherry, whereas Giovani appears to need some level of therapy for his unresolved emotions and conflicts. He therefore needs to reach Cherry's more advanced level of preparedness in order for a more traditional form of mediation to be effective for them. ecause one partner is already at a level where she is ready for mediation, it is suggested that a combination of therapy and mediation might be effective in this case towards reaching a more speedy and amicable resolution. In addition, Giovani's attitude indicates that….

Both parties present evidence to a neutral party. However, the neutral party acts as a mediator, not simply as a finder of fact. The neutral attempts to help the parties settle the dispute based upon the neutral's evaluation of the case. The mini-trial suffers from the same drawbacks as the summary jury trial. However, its greatest strength is that, once the neutral has shown both parties their likelihood of success in litigation, it places them in a more realistic position and may make them more open towards a successful settlement.
One of the biggest barriers to ADR is that the opposing parties have taken positions that they believe are intractable, so that they feel as if they cannot enter into a bargaining position with the other party. However, when one looks at ADR in its largest and most significant format, it becomes clear that ADR can work even with parties….

The informal nature of mediation may allow evidence to be considered that might be prohibited in a court of law.
Arbitration is more complicated than mediation. Since arbitrators "give written opinions, which can be binding or non-binding…the most common procedure is for each side to select an arbitrator and for those two arbitrators to select a third arbitrator. The dispute is then presented to the three arbitrators chosen, with a majority of the arbitrators rendering a written decision"(Renia 1999). Arbitration is swifter and less formal than litigation. However, some people may feel that arbitration gives too much power to the arbitrators, even though arbitration does not protect the rights of the defendant and plaintiff with the same degree of scrutiny as a court of law. Some may feel arbitration offers the best of all three options; others might feel it is the worst because it does not offer the full….

For older juveniles, though, and for repeat offenders, I do not think that juvenile court is really a very good idea. These children are old enough to understand right from wrong and start to make good choices (Anderson, 1994). They often do not worry about the consequences, because they know that they are often not punished harshly. If the punishment is not serious and/or frightening, there is no real reason for a juvenile to avoid a crime (Anderson, 1994; Widom, 1992). This does not mean that a 13-year-old boy should be tried with the same rules as a 30-year-old man, but there should be more and stronger punishment of juveniles, especially for serious crimes, where any teenager really should be tried as an adult. They are old enough to know what they are doing, but the justice system does not treat them as such, so they are unafraid of….


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.

orks Cited:

No author. (2007). Alternative Dispute Resolution. Department of Transportation. Retrieved March 27,….

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 the….

The Policy does have some limitations, however, and in order for the Policy to maintain a strong foundation, arbitrators should not expand its reach into areas best left to courts of law. 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….

Labor Dispute Resolution
PAGES 4 WORDS 1480

Labor elations
A collective bargaining dispute was recently settled between Major League Soccer (MLS) and its players, on the eve of the 2015 season. The league had just finished averting a dispute with its officials, who formed a union in 2012, when the dispute with the players arose (Parker, 2014). The MLS Player's Union (MLSPU) and MLS had just seen their prior five-year deal expire, and the union was seeking more flexibility for its members. The structure of Major League Soccer is that the league owns all of the contracts for the players. The teams are franchises, and negotiate deals with the players, but ultimately the league has final say over player movements. This restricts the rights of the players with respect to free agency. Soccer players in Europe, where several leagues act as competitors with MLS for playing talent, players enjoy full free agency when their contract ends. In MLS,….

Contract Dispute
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 seeks informal resolution….

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7 Pages
Term Paper

Business - Law

Resolution Alternative Dispute Resolution Legal

Words: 1906
Length: 7 Pages
Type: Term Paper

" (U.S. Equal Opportunity Employment Commission, nd) This is a voluntary mediation agreement, which may opt out of by the employer or the employee. The benefits of the UAM…

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3 Pages
Essay

Business - Law

Contract Dispute Resolution Is Significant Because There

Words: 1090
Length: 3 Pages
Type: Essay

Contract dispute resolution is significant because there is always a chance there will be a problem with a contract at some point while it is in effect. At that…

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4 Pages
Essay

Business - Law

Alternative Dispute Resolution

Words: 1396
Length: 4 Pages
Type: Essay

Alternative dispute resolution (AD) is a dispute resolution process that acts as a means of using an external party to settle disagreements between two parties Colbran, 2012. AD has now…

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3 Pages
Term Paper

Teaching

Master of Dispute Resolution by

Words: 1083
Length: 3 Pages
Type: Term Paper

Now, both my high-paying job and my dream career had been stripped away from me. I had nothing left of earthly value. But I still had my faith. My…

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5 Pages
Term Paper

Business - Law

Alternative Dispute Resolution Can Provide

Words: 1430
Length: 5 Pages
Type: Term Paper

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…

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5 Pages
Research Proposal

Business - Law

Alternative Commercial Dispute Resolution A Critical Assessment

Words: 2235
Length: 5 Pages
Type: Research Proposal

Alternative Commercial Dispute esolution: A Critical Assessment of the AD Mechanism in the Saudi Legal System and Practice General review of Alternative Dispute esolution The rationale of the AD movement.…

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12 Pages
Term Paper

Psychology

Alternative Dispute Resolution ADR Many

Words: 4053
Length: 12 Pages
Type: Term Paper

Furthermore, he has displayed extreme anger towards her and appears completely unwilling to compromise. He wishes to keep both the house and Eduardo to himself, as he seems…

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7 Pages
Thesis

Business - Law

ADR Alternative Dispute Resolution Through

Words: 2484
Length: 7 Pages
Type: Thesis

Both parties present evidence to a neutral party. However, the neutral party acts as a mediator, not simply as a finder of fact. The neutral attempts to help…

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2 Pages
Essay

Business - Law

Legal System Dispute Resolution You Are

Words: 924
Length: 2 Pages
Type: Essay

The informal nature of mediation may allow evidence to be considered that might be prohibited in a court of law. Arbitration is more complicated than mediation. Since arbitrators "give…

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1 Pages
Term Paper

Criminal Justice

Alternative Dispute Resolution Juvenile Courts

Words: 403
Length: 1 Pages
Type: Term Paper

For older juveniles, though, and for repeat offenders, I do not think that juvenile court is really a very good idea. These children are old enough to understand…

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1 Pages
Essay

Business - Law

HR Management Alternative Dispute Resolution

Words: 329
Length: 1 Pages
Type: Essay

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…

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8 Pages
Term Paper

Careers

Resolution Model The Writer Explores

Words: 2043
Length: 8 Pages
Type: Term Paper

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…

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5 Pages
Essay

Business - Law

Resolution the Scenario for This

Words: 1466
Length: 5 Pages
Type: Essay

The Policy does have some limitations, however, and in order for the Policy to maintain a strong foundation, arbitrators should not expand its reach into areas best left…

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4 Pages
Essay

Sports

Labor Dispute Resolution

Words: 1480
Length: 4 Pages
Type: Essay

Labor elations A collective bargaining dispute was recently settled between Major League Soccer (MLS) and its players, on the eve of the 2015 season. The league had just finished averting…

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4 Pages
Essay

Business

Contract Dispute Contract Is a Mutual Agreement

Words: 1258
Length: 4 Pages
Type: Essay

Contract Dispute 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…

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