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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…
Mediation (nd) Equal Employment Opportunity Commission Online available at http://www.eeoc.gov/mediate/index.html
Facts About Mediation (nd) the U.S. Equal Employment Opportunity Commission November 1, 2004. Online available at http://www.eeoc.gov/mediate/facts.html .
Federal Sector Alternative Dispute Resolution (ADR) (2004) the U.S. Equal Employment Opportunity Commission. Online available at http://www.eeoc.gov/federal/adr/index.html .
Alternative Dispute Resolution: A Resource Guide - Section I: Alternative Dispute Resolution Techniques and Agency Practice. U.S. Office of Personnel Management. Online available at http://www.opm.gov/er/adrguide/Section1-a.asp
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…
ABA. (2011). What you need to know about dispute resolution: The guide to dispute resolution processes. American Bar Association. Retrieved from http://www.abanet.org/dispute /draftbrochure.pdf
Lynch, J. (2001). ADR and beyond: A systems approach to conflict management. Negotiation Journal, 17(3): 213.
Schwartz, D.S., (2010). Mandatory arbitration and fairness. 84 Notre Dame L. Rev. 1247.
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…
Colbran, S. (2012). Alternative dispute resolution.
Thomson, M. (2011). Alternative modes of delivery for family dispute resolution: The Telephone Dispute Resolution Service and the online FDR project. [Article]. Journal of Family Studies, 17(3), 253-257.
Ver Steegh, N. (2008). Family court reform and ADR: Shifting values and expectations transform the divorce process. Fam. LQ, 42, 659.
Vu, T.D. (2009). Going to Court as a Last Resort: Establishing a Duty for Attorneys in Divorce Proceedings to Discuss Alternative Dispute Resolution with Their Clients. Family Court Review, 47(3), 586-599.
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…
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…
Canadian Human Rights Commission. 2004. Alternate Dispute Resolution. Accessed October 12, 2005. http://www.chrc-ccdp.ca/adr/default-en.asp
Center for Analysis of Alternative Dispute Resolution Systems. What You Need to Know about Dispute Resolution: The Guide to Dispute Resolution Processes. Accessed October 12, 2005. http://www.caadrs.org/downloads/draftbrochure.pdf
Legal Information Institute. Alternative dispute resolution (adr): an overview. Accessed October 12, 2005. http://www.law.cornell.edu/topics/adr.html
Shack, Jennifer. 2003. MEDIATION CAN BRING GAINS, BUT UNDER WHAT CONDITIONS? Originally published in Dispute Resolution Magazine, Volume 9, No. 2, Winter 2003. Accessed October 12, 2005. http://www.caadrs.org/studies/MedStudyArticle.htm
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…
Al-Nuwaiser, W.N. (2012, September). Reform of the Saudi Arbitration Law. Insight:
International Arbitration, 1-3.
Baudenbacher, C. (2008, Spring). Judicialization: Can the European model be exported to other parts of the world? Texas International Law Journal, 39(3), 381-393.
Bingham, L.B. (2004, Spring). Control over dispute-system design and mandatory commercial arbitration. Law and Contemporary Problems, 67(1-2), 221-229.
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…
Alexander, Nadja Marie. Global Trends in Mediation. Kluwer Law International, 2006.
Fisher, Thelma, Ventura, John and Reed, Mary. Divorce for Dummies. Indianapolis: Wiley Publishing, 2005.
Fishman Green, Rachel. Mediator Neutrality - How is it possible? Divorce Source, Inc. http://www.divorcesource.com/NY/ARTICLES/green3.html
Folber, Jay, Milne, Ann L. And Salem, Peter. (eds) Divorce and Family Mediation: Models, Techniques, and Applications. Guilford Press, 2004.
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…
Ben-Ari, Rachel and Itzhak Hirshberg. "Attachment Styles, Conflict Perception, and Adolescents' Strategies of Coping with Interpersonal Conflict." Negotiation Journal 25.1 (2009): 59-82. Wiley Interscience. 9 Mar. 2009 http://www3.interscience.wiley.com/cgi-bin/fulltext/121639915/HTMLSTART
Buel, Sarah. Personal Interview. 9 Mar. 2009.
Druckman, Daniel, Mara Okekalns, and Philip Smith. "Interpretive Filters: Social Cognition and the Impact of Turning Points in Negotiations." Negotiation Journal 25.1 (2009): 13-40. Wiley Interscience. 9 Mar. 2009 http://www3.interscience.wiley.com/cgi-bin/fulltext/121639919/HTMLSTART
Fisher, Roger, William Ury, and Bruce Patton. "Negotiation Power: Ingredients in an Ability to Influence the Other Side." Negotiation: Strategies for Mutual Gain. Ed. Lavinia Hall. Thousand Oaks: Sage, 1993.
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…
Renia, Leonard. "Mediation vs. arbitration vs. litigation: What is the difference?
Findlaw. June 1, 1999. November 18, 2009. http://library.findlaw.com/1999/Jun/1/129206.html
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 any…
Anderson, Michelle Lea Cherne. (1994). "The high juvenile crime rate: A look at mentoring as a preventive strategy." Criminal Law Bulletin, Vol 30(1), 54-75.
Widom, Cathy Spatz. (1992, October). "The cycle of violence. National Institute of Justice Research in Brief."
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…
No author. (2007). Alternative Dispute Resolution. Department of Transportation. Retrieved March 27, 2009 from http://www.dot.gov/adr/
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…
Barrier, Michael. A working alternative for settling disputes. (includes advice for setting up an alternative dispute resolution programs)(Managing) Nation's Business; 7/1/1998
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…
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 .
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 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…
Cohen, J. (2015). MLS' CBA negotiations: Federal mediation, salary cap and steps toward free agency. Law in Sport. Retrieved April 5, 2015 from http://www.lawinsport.com/articles/item/major-league-soccer-s-collective-bargaining-negotiations-federal-mediation-salary-cap-and-steps-toward-free-agency
Parker, G. (2014). MLS hopes of growth, grandeur could be slowed by contract negotiations. Al Jazeera. Retrieved April 5, 2015 from http://america.aljazeera.com/articles/2014/4/18/mls-union-contract.html
Brenner, S. (2015). Will MLS players go on strike? The CBA dispute explained. The Guardian. Retrieved April 5, 2015 from http://www.theguardian.com/football/2015/feb/16/will-mls-players-go-on-strike-the-cba-dispute-explained
Carlisle, J. (2015). The details of Major League Soccer's new collective bargaining agreement. ESPN FC. Retrieved April 5, 2015 from http://www.espnfc.us/major-league-soccer/19/blog/post/2332341/the-details-on-major-league-soccers-new-collective-bargaining-agreement
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…
Bower, G. a. (1998). Basic Behavioural Science. London: DIANE Publishers.
Publictions, W.B. (2008). Public Expenditure Management and Financial Accountability Review. New York: World Bank Publications.
Stalcup, G. (1999). Judgement Fund. London: DIANE publishers.
Default Dispute Termination of Contract
Default and Dispute (contract law)
In government contracting, the government through a contracting officer who is the government agent enters into a legally binding agreement with a contractor. This contractor is a seller who is to deliver services and the government as the buyer pays for these services as agreed upon in the contract. However, situations arise where the agreements may be terminated in order to settle disputes that arise between the contracting agents and the contractor. Normally, the government may terminate the contract for default of the contractor or by convenience (Kathuria, 2009). Federal Acquisition egulations define termination for convenience as the exercise of the government's right to terminate a contract when it is in the government's interest
Termination for default
The government has a right to terminate a contract on a situation where the contractor does not meet the set contractual obligations (umbaugh,…
Kathuria, S. (2009). best practices for compliance with the new government contractor compliance and ethics rules under the federal acquisition regulation. Public Contract Law Journal.
Loulakis, M.C. (2003). Default Must Be Proven to Justify Termination. Civil Engineering (08857024), 73 (3), 96.
Nemet, G.F. (2010). Cost containment in climate policy and incentives for technology development. Climatic Change, 103 (3/4), 423-443. doi: 10.1007/s10584-009-9779-8
Robert, F. (2004). Construction law handbook. Gaithersburg [MD: Aspen Law & Business.
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:…
Aliment, R. (2009). Alternative dispute resolution in international business transactions. The Brief, 38.4
Knop, K., Michaels, R. & Riles, A. (n.d.). International law in domestic courts: A conflict of laws approach. scholarship.law.duke.edu. Retrieved:
A new way to resolve international business disputes in Illinois (2013). Chicago International
"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.
Works Cited www.questia.com/PM.qst?a=o&d=105950196
Aureli, Filippo and Frans B.M. De Waal, eds. Natural Conflict Resolution. Berkeley, CA: University of California Press, 2000. Book online. Available from Questia, http://www.questia.com/PM.qst?a=o&d=105950220 .Internet' target='_blank' REL='NOFOLLOW'>
"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,…
Bacal, R. (1998). Conflict prevention in the workplace: using cooperative communication. Winnipeg: Bacal & Associates.
Bhattacharya, S. (19 Sept 2010). "Resolving conflict at work." Busienss Today, 19(9). p. 127-129.
Booher, D. (May 1999). "Resolving conflict." Executive Excellence, 16(5). p. 5.
Budd, J. & Colvin, a. (Jul 2008). "Improved metrics for workplace dispute resolution procedures: Efficiency, equity and voice." Industrial Relations, 47(3). p. 460-479.
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…
Outline of a Group Dispute and the Use of Email
The New York Metropolitan Opera has been facing a serious dispute with its employees over pay agreements as they wanted to cut costs. The company, which is the largest performing arts organization located in the United States, employs a variety of staff across many disciplines, not only the singers and musicians, but also people such as set designers, costume makers, engineers, has staff which are represented by a total of 15 different unions (Farago, 2014). The dispute started when the negations for the renewal of employment contracts started. The employees' contracts all ended on the 31st of July, and although management wanted to renew the contracts, they wanted to reduce costs by a stated 16% (Farago, 2014). Management wanted to make the saving by cutting overtime payments and other benefits. Management stated that these changes were necessary as costs…
Allen, J, (2014, Aug 20), With union deal, curtain falls on Met Opera's labor dispute, Reuters, accessed at http://www.reuters.com/article/2014/08/20/us-usa-new-york-opera-idUSKBN0GK1PO20140820 on 27th Sept 2014
Farago, J, (2014, July 30), New York's Metropolitan Opera labour dispute: a symptom of a company in crisis, The Guardian, accessed at http://www.theguardian.com/music/2014/jul/30/-sp-new-york-met-opera-labour-lockout on 27th September 2014
Kiesler, Sara, (2014), Culture of the Internet, Psychology Press
Lunden, J, (2014, Aug 18), Met Opera Tentatively Settles With 2 Major Unions, NPR Music, accessed at http://www.npr.org/blogs/deceptivecadence/2014/08/18/341369803/met-opera-tentatively-settles-with-two-major-unions on 27th Sept 2014
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…
Morris, C. (2002, May). Definitions in the field of conflict transformation. What is Alternative
Dispute Resolution (ADR)?
9). Moreover, the two parties know if they do not initially reach a deal, the same person will be arbitrator and force a decision upon them -- hence there is incentive for the parties to reach an accord prior to the dispute going into arbitration.
Meanwhile, the Arb-Med hybrid process begins with arbitration; when the arbitrator reaches a decision, he or she places the award in a "sealed envelope" (Cooley, et al., 2003, p. 7.13). Then, the parties, prior to looking at the sealed envelope, can negotiate their own solution using the arbitrator as mediator. If parties don't reach an agreement, they then open the sealed envelope and see what fate awaits them based on the arbitrator's decision (Cooley, p. 7.13).
There are a number of fair and sensible solutions to disputes such as the Greens and ilsons are involved with, and it behooves neighbors -- and others that…
American Bar Association. (2006). What You Need to Know about Dispute Resolution: The
Guide to Dispute Resolution Processes. Retrieved May 6, 2011, from http://www.abanet.org/dispute .
Carrell, Michael R, and Heavrin, Christina. (2008). Negotiating Essentials: Theory, Skills, and Practices. New York: Pearson/Prentice Hall.
Cooley, John W., and Lubet, Steven. (2003). Arbitration Advocacy. Boulder, CO: National
Industrial Conflicts and Collective Disputes:
Efficient and good industrial relations are usually dependent on the consistent, just and reasonable treatment as well as participation of the staff in issues and decisions that have an impact on them. The ideological framework of industrial relations involves the maintenance and enhancement of human resources procedures and policies. This framework of industrial relations also ensures that there is unbiased and consistent application of joint and consultative agreements. In this case, it includes the approved procedures of tackling disputes, grievances and issues regarding discipline. Industrial conflict basically refers to all the expressions of displeasure in the employment relationship particularly those that are related to employment contract and the effort bargain.
This type of conflict can also be defined as a pulling out from work by a group of employees or the rejection by employers to permit employees to work (Prit, 2008). The major…
Gernigon, B, Odero, A & Guido, H (2000), 'ILO Principles Concerning Collective Bargaining,'
International Labour Review, vol. 139, no. 1, viewed 4 June 2011,
Industrial Relations -- Naukrihub.com (n.d.), Collective Bargaining Process, Industrial Relations
-- Naukrihub.com, viewed 4 June 2011,
WTO Trade Dispute Resolution: Turkey Cotton Case
In the case at hand, we would discuss the trade and economic policies of Turkey. In the case that would be discussed, India is the complainant and Turkey is the respondent. The case was presented to and the World Trade Organization was approached by India on 13 February 2012. The case pertains to India's complaint against Turkey for adopting protectionist policies with regards to the import of cotton to the country. India approached the WTO and requested for consultations with Turkey with regards to some specific safeguard measures that was imposed by Turkey on imports of cotton yarn with the exception for sewing thread from India.
Turkey had started this protectionist and definitive safeguard measures on cotton import to that country from 15 July 2008 and it was meant to be implemented for a period of three years. India complained that Turkey had…
Resolution: General Motors (GM) versus United Auto orkers (UA) in health care negotiations between unions and management
Given the recent overall negative financial environment in the American automobile industry, the disputes between labor and management at General Motors, regarding worker's health care and benefits have proven to be some of the most significant, contentious, and 'watched' disagreements arising between labor and management in recent times in American labor negotiations. As GM goes, it is often said, so goes the nation.
"Imagine that you are running a domestic automaker ... And burdensome union contracts limit your ability to cut costs." The burdensome nature of the currently existing union contracts means that GM is forced to pay even its retired workers coffer-draining health care benefits, even while the company is losing money. Also, it seems, according to many industry analysts, GM may have lost its vision for the future. (Akst, 2005)
Akst, Daniel. (24 Jul 2005) "The Green Machine that could be Detroit." The New York Times. Retrieved 24 Jul 2005 at http://www.nytimes.com/2005/07/24/business/yourmoney/24cont.html?hp& ; ex=1122264000& en=3e1619f41f62e54e& ei=5059& partner=AOL
Hakim, Danny (21 Jul 2005) "Despite a June Surge in Sales, G.M. Posts Another Losing Quarter." Retrieved 24 Jul 2005 at http://www.nytimes.com/2005/07/21/business/businessspecial3/21auto.html
resolution of legal dispute associated with electronic commerce. Electronic commerce referred to includes electronic systems such as the internet. It examines the reasons why simply referring to the laws cannot resolve disputes. The paper also features a case study on an unresolved legal conflict associated with electronic commerce specifically the internet.
Challenges of esolving Legal disputes
Many legal disputes associated with electronic commerce cannot be resolved by simply referring to relevant laws. Jurisdiction of internet laws raises questions that are still not answered. Jurisdiction is a function of sovereignty and need territorial limits. The internet cannot be subjected to territorial limits; there is no uniform applicable law (Barlow, 1996). Some countries such as the United States of America have laws that govern use of the internet (Federal Communications Commission, 1996). This however still does not solve the issue of jurisdiction especially for the internet where it would be difficult to…
Barlow, J.P. (1996, Feb 9). A Declaration of the Independence of Cyberspace. Retrieved March
19, 2012, from www.eff.org: http://www.eff.org/~barlow
Federal Communications Commission. (1996). The Telecommunications Act of 1996. Retrieved
March 19, 2012, from www.fcc.gov: http://www.fcc.gov/Reports/tcom1996.pdf
The Data Processing Agreement was entered into between ig ank and Systems, Inc. And the agreement involved Systems Inc. agreeing to render data processing services to ig ank. In this dispute the services rendered are not under dispute but instead the time that it took for the data services to be in place and all data converted. The contract sets out that the date services would be rendered "within a reasonable time following execution" of the Agreement. ig ank agreed within the framework of the contract to cooperate with Systems Inc. And to make provision of all information and assistance that Systems Inc. might require to conduct a successful conversion of ig ank's information files to "a form compatible with System Inc.'s systems and equipment so that System Inc. could provide the Services. Specifically, ig ank agreed to "deliver conversion input information, in its entirety, in a mutually…
Breaches of Contract: Material Breach. (2014) NOLO. Retrieved from: http://www.nolo.com/legal-encyclopedia/breach-of-contract-material-breach-32655.html
But when it just recently occurred in 2004 at a store in Jonquiere, British Columbia, the reader must appreciate that a real battle had been won. The original efforts of that particular store for example had the local labor Commission reject certification by a margin of 74 to 65. When the union announced that it won the coveted certification at Quebec, it was quite a blow to the retailer. The Quebec Labour elations Commission issued the order certifying the United Food and Commercial Workers Union (UFCW) as the bargaining agent of employees in Wal-Mart's store in Jonquiere. As noted, the reason a victory of this magnitude is huge is because of the policies and tactics used by Wal-Mart. The retailer works diligently to prevent its workforce from engaging in any collective action and they have consistently shown that they are willing to cross the line to guarantee their position.
Baek, Seung Wook. (2000.) "The Changing Trade Unions in China." Journal of Contemporary Asia: March.
Budd, John W. (1994). "The Effect of Multinational Institutions on Strike Activity in Canada." Industrial and Labor Relations Review.
Corbett, Brian (2002). "Southern hospitality." Ward's Auto World, August.
Delsohn, Gary. (1997.) "UPS Strike May Revive American Labor Movement." Knight Ridder/Tribune Business News: Sept.
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…
Melamed, J., Reiman, J. (2006). "Collaboration and conflict resolution in education." www.mediate.com. Retrieved from http://www.mediate.com/articles/edu.cfm
Conflict and Its esolution in the eal Estate Industry
In real estate, all experienced sales people will have an unhappy customer to deal with at some point in their careers. Those who are most skilled know how to utilize specific techniques that will defuse or reduce the intensity of the situation. In every instance, conflict and resolution techniques will often work in conjunction with each other. (Tamper, 1999) (Furlong, 2010)
For real estate professionals, the key is being able to avoid one and use the other to satisfy complaints. To fully understand these variables requires focusing on relevant issues and key questions. Together, these elements will offer specific insights which are highlighting how the two work in conjunction with each other. It is at this point, when they can reduce conflicts and provide more effective resolution techniques. (Tamper, 1999) (Furlong, 2010)
In real estate, the customer relationship is…
Beirne, M. (2006). The Property Management Tool Kit. New York, NY: American Management Association.
Dent, P. (2012). Real Estate. New York, NY: Routledge.
Filho, W. (2008). Conflict Resolution. Oxford: Peter Lang.
Furlong, F. (2010). The Conflict Resolution Toolbox. Hoboken, NJ: Wiley.
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.…
references. Where possible and practical, I try to implement the same solution except that I prefer to do so without necessarily divulging my motive for assigning various responsibilities to members of my team. In the professional environment, my concern is that allowing subordinates to expect accommodations of this nature may undermine elements of my authority.
Therefore, I prefer to make the assignment without openly acknowledging my reasoning to those involved, even if they suspect the reason for their apparent "luck."
Similarly, my experiences settling the issue over stylistic differences in expression in response to conflict at home have increased my awareness of these types of idiosyncratic differences among coworkers. As a result, I now perceive more accurately what types of interactions or negotiations are natural to certain individuals. More importantly, doing so has enabled me to minimize the potential impact of several conflicts that had potential to escalate, but more by virtue of differences between the individuals involved in negotiation styles than by virtue of the substance of the actual argument.
The insight gleaned from my family relationships and the manner in which we eventually learned to negotiate differences at home have also provided me with the opportunity to assign team members to work tasks differently than I used to before. In the interest of efficiency, I have begun taking into account personal conversational styles and what I know about their respective compatibilities for resolving difficulties that sometimes arise even within the most professional environments among coworkers.
In this respect, what I focus on is less about the likelihood for conflict or the personal sentiments between and among various coworkers, but rather, what I have learned about their natural tendencies and responses to conflict once they materialize.
He realizes that the only way to win the conflict is to kill both Sollozzo and Captain McCluskey. When his brothers kid him for bein naive and Sonny admonishes him for reacting too personally and emotionally, Michael makes a compelling argument for why killing the two is in the family's business. He concludes by stating, "It's not personal, Sonny. it's strictly business."
Not only does this scene demonstrate another example of removing perceived obstacles, it also touches upon parties perceptions and the roles they play in an organizational dispute. Although Michael is new to the business, from what he had seen in the hospital he perceives the problem being Sollozzo and McCluskey, or someone else. Based on this perception he makes the business decision to kill them, as it is what is in the best interest of his family, or the business.
As the film goes on and the violence…
marketplace, employers recognize that success requires attracting a talented workforce. Talent comes from all sources. Doing more than simply accommodating changing demographics, successful organizations have come to value the contributions that people from differing backgrounds bring to the workplace. To recruit and maintain a diverse workforce, an employer must have a plan for creating a work environment that makes all of its employees feel welcome."
In corporate settings, demographics of the organization play a large part in the workings of that organization.
Large corporate settings by and large indicate hierarchies and bureaucracy and, in many cases, people within the organization can feel that their diverse viewpoints, needs and backgrounds are stifled or simply not heard.
Also, problems of stereotyping, sexism, racism, and lack of upward mobility are problems that affect many members of a diverse workforce.
These problems often breed inefficiency in the workplace and at times, workplace conflict.
Managing Team Conflict." December 21, 2002. http://www.eng.uttyl.edu/usr/tcrippen/home/MENG4214/Team_Conflict.html
Team Building Workshop" December 22, 2002. http://nadabs.tripod.com/team/conflict1.html .
Diversity Initiatives for the Workplace, http://www.webster.edu/sa/APATemplate/Webster%20University%20APA.doc ..
Johnson now had the justification he had been waiting for and disregarded Captain Herrick's second communication. He structured the bombing of four North Vietnamese torpedo boat bases and an oil storage warehouse that had been considered three months beforehand (Gulf of Tonkin, n.d.).
President Johnson then went on television and told the American people that recurring actions of aggression against the military of the United States must be met not only with attentive resistance, but with an affirmative response. The Congress accepted Johnson's choices to bomb North Vietnam and passed what has become recognized as the Gulf of Tonkin resolution. It passed in the Senate by 88 votes to 2 and in the House of Representatives by 416 to 0. This declaration sanctioned the President to take all essential actions against Vietnam and the NLF. Johnson's conviction that the intimidation raid on North Vietnam in August, 1964, would influence Ho…
"Gulf of Tonkin." n.d., viewed 29 November 2010,
"Gulf of Tonkin Incident." 2010, viewed 29 November 2010,
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…
Drooz Drooz, Alan, "Baseball economy 101: Both sides look like the skunk at the party," San Diego Union-Tribune, August 28, 2002. Online at http://www.signonsandiego.com/sports/drooz/20020828drooz.html
Fisher, Roger and Ury, William, Getting to Yes. New York: Penguin Books, 1991.
Grabiner, David, "Frequently Asked Questions about the 1994 Baseball Strike," 3/314/02, accessed online at http://remarque.org/~grabiner/strikefaq.txt
Kurkjian, Tim, and Verducci, Tom, "Time is Running Out." Sports Illustrated, 3/20/95, Vol. 82 Issue
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,…
Kerr, Randy (2005) Work Team Conflict Resolution. Online available at http://www.uwstout.edu/rs/2005/article2.pdf
Stulberg, J.B. (1987). Taking charge / managing conflict. Lexington, MA: Lexington Books.
Townsley, Carole (2006) Resolving Conflict in Work Teams. The Team Building Directory. Online available at http://www.innovativeteambuilding.co.uk/pages/articles/conflicts.htm
Heathfield, Susan M. (2008) Personal Courage and Conflict Resolution at Work. Human Resources. Online available at http://humanresources.about.com/cs/conflictresolves/a/conflictcourage.htm
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).
Heathfield, Susan M. (2004). Workplace Conflict Resolution: People Management Tips. 20 October 2004. http://humanresources.about.com/od/managementtips/a/conflict_solue.htm
King, Kathleen. (1999). Group Dynamics for the Online Professor. 20 October 2004. http://ausweb.scu.edu.au/aw99/papers/king/paper.html
Penn State University. (2004). Building Blocks for Teams. 20 October 2004. http://tlt.its.psu.edu/suggestions/teams/student/conflicts.html
Townsley, Carole A. (1995). Resolving Conflict in Work Teams. Center for the Study of Work Teams, University of North Texas. 20 October 2004. http://www.workteams.unt.edu/reports/Townsley.html
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…
Conflict Resolution: Resolving conflict rationally and effectively."
Mindtools.com. 2007. 17 Apr 2007. http://www.mindtools.com/pages/article/newLDR_81.htm
Wilmot, William W. & Joyce L. Hocker. Interpersonal Conflict. 6th ed. New York:
Transformative mediation seeks to empower parties during a dispute, rather than narrowly focusing only on the issues at stake. Empowering the parties enables each stakeholder to develop the means by which to seek solutions, change, and resolve the issues independently (Burgess, 1997). The benefit of transformative mediation is to change the nature of the discourse, to encourage empathy, understanding, and mutual respect. Because primary stakeholders reach the solution independently and with mutual respect, they are also more likely to perceive the results as being valid. Other core benefits to using transformative mediation include the willingness to patiently reach win-win conclusions rather than resort to unsatisfying compromises that leave resentment, misunderstanding, and other lingering issues.
Naturally, the limitations of transformative mediation is that it has a long-range focus, requires a lot of time and willingness on the part of both parties to cultivate the emotional or psychological mindset for transformation. Transformative…
Conflict resolution, conflict management, and mediation are essential components for the success of an organization. Given the diversity of the workplace and the varying needs of individual organizations, developing an approach to conflict management can be tricky. The three articles: Work 911's "Organizational Conflict: The Good, the Bad, and the Ugly," and Tim Hicks' "What Is Mediation And How Does It Fit Into The Workplace?" And "Steps for Setting Up an Effective Conflict Management System" examine the ways organizations can manage conflict effectively. Each article offers something new for the reader to ponder when designing and implementing a conflict management system.
"Organizational Conflict: The Good, the Bad, and the Ugly" offers a unique perspective to conflict management. According to the author, there are two ways of looking at conflict. The traditional way is to see it as something to be avoided, as something inherently negative. This view of…
Hicks, Tim (2000). Steps for Setting Up an Effective Conflict Management System. Retrieved October 3, 2005 from http://mediate.com/articles/hickst4.cfm
Hicks, Tim (2000). What Is Mediation And How Does It Fit Into The Workplace? Retrieved October 3, 2005 from http://mediate.com/articles/hickst5.cfm
Organizational Conflict: The Good, the Bad, and the Ugly. (n.d.) Retrieved October 3, 2005 from http://www.work911.com/articles/orgconflict.htm
The three parties met at a round table with the mediator at the head of the table. Each party was allowed to speak without interruption for five full minutes, explaining the signature style they wanted for the firm and why. Then each party was encouraged to make a proposal to the other side in search of a potential compromise. For example, one side suggested that if they were allowed to the keep the signature style classic, they would allow the office and headquarter to be decorated in a minimalist style. All in all, the proposals made by all sides were not balanced enough and the mediator had to suggest several potential proposals before one was eventually agreed upon.
Had I been the mediator of this case, I would have used some of the techniques taken by the mediator and thrown out others. For example, I like the way…
gender on Conflict management styles and perceived effectiveness
There has been great concern on whether there are differences in gender in effective management, which has been caused by the increase in female organizational managers in the past decades. Skills in managing conflict are important in the effectiveness of leadership. In addition, the perception of females' inability to deal with conflict and crises are often seen as barriers to their promotion as executive members. Furthermore, the supervisors' popularity among their juniors has been regarded as greatly significant in the recent times, since researchers have found that the main reason for many people quitting is the fact that they are not on good terms with their supervisors. This study is meant to look at the differences in gender; in the way supervisors manage conflicts. This study also seeks to determine the relationship between them and the popularity and effectiveness of the supervisors…
Copley, R. D. (2008). Conflict management styles: A predictor of likablity and perceived effectiveness among subordinates (Doctoral dissertation, faculty of the University Graduate School in partial fulfillment of the requirements for the degree Master of Arts in the Department of Communication Studies, Indiana University).
Howard III, A. C. (2015). The Intertwining of Workplace Conflict and Home Life: An Interpretive Multicase Study.
ZHU, T. (2013). Conflict management between employees from different departments: contribution of organizational identification and controversy.
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…
Hartline, K.T. (2007, September). Oral Contracts: Do they Carry Any Weight? Retrieved
January 25, 2014, from http://www.legalzoom.com/business-law/contract-law/oral-contracts-do-they-carry
Levy, R. (2013, October 8). The Danger of Oral Partnership Agreements. Retrieved January 25,
2014, from http://www.businesslawnews.com/the-danger-of-oral-partnership-agreements/
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…
1. SECONDARY SOURCES
Barclay, T. New Methods of Adjusting International Disputes and the Future London, Constable, 2008.
Boulle, L. Mediation -- Principles, Process, Practice, Chatswood, LexisNexis Butterworths, 2005
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…
ADR Case Outcomes. (n.d.). NYCourts.gov. Retrieved from https://www.nycourts.gov/ip/adr/AllCases.shtml
Belson, K. (2015). Judge erases Tom Brady's suspension; NFL says it will appeal. The New York Times. Retrieved from http://www.nytimes.com/2015/09/04/sports/football/tom-brady-suspension-deflategate.html?_r=0
Carrington, P. (1984). Civil procedure and alternative dispute resolution. Journal of Legal Education, 298: 298-306.
Chau, K. (2007). Insight into resolving construction disputes by mediation/adjudication in Hong Kong. Journal of Professional Issues in English Education Practice, 143: 143-147.
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…
Aldrich, George. The jurisprudence of the Iran-United States Claims Tribunal. New York: Oxford University Press (1996)
Collier, John & Lowe, Vaughn. The Settlement of Disputes in International Law: Institutions and Procedures. New York: Oxford University Press (1999)
Pritchard, Robert. ed. Economic Development, Foreign Investment and the Law: Issues of Private Sector Involvement, Foreign Investment and the Rule of Law in a New Era. Boston: Kluwer Law International, International Bar Association. (1996)
Jan Paulsson, Nigel Rawding, Lucy Reed, Eric Schwartz, The Freshfields Guide to Arbitration & ADR (2nd revised ed.), Boston: Kluwer Law International (1999)
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…
Fisher, R. & Ury, W. 1991, Getting to Yes: Negotiating Agreement Without Giving In, Penguin, New York.
Susskind, L. 1989, Breaking the Impasse: Consensual Approaches to Resolving Public Disputes, Basic Books, New York.
The Hill People Page
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…
Bagley, C.E. (2006). Winning legally: The value of legal astuteness. Boston, Mass.
Evarts, W.R. (1983). Winning through accommodation: The mediator's handbook: the use of new, alternative methods of dispute resolution in the last decades of the 20th century. Dubuque, Iowa: Kendall/Hunt Pub. Co.
Miller, R.L.R., Cross, F.B., & Jentz, G.A. (2013). Business law: Alternate edition: text and summarized cases: legal, ethical, global, and e-commerce environment. Mason, Ohio: South-Western Cengage Learning.
It has also been noted that growing interdependency in world economies has led to a decreased ability to rule for many national governments, and the WTO actually assists in this regard, as well (Pauwelyn, 2003; Jackson, 2006). The WTO relieves certain burdens of governing and alleviates certain diplomatic pressures by providing extra-national means of developing and conducting inter-state trade, which can ease relationships between states in many ways (Jackson, 2006). Providing a specific avenue for states to approach each other and develop trade and other agreements also provides an obvious boon to interstate relationships.
Liberal institutionalism quite confidently explains and even predicts the efficacy of the WTO in terms of its strengthening of international law and its easing of relations between states, and in fact the WTO can be seen as the quintessential organization evidencing the tenets of liberal institutionalism. Unlike many other breeds of liberalism, liberal institutionalism incorporates…
D'Anieri, P. (2011). International Politics. Mason, OH: Cengage.
Jackson, J.H. (2006). Sovereignty, the WTO, and changing fundamentals of International Law (Vol. 18). Cambridge University Press.
Petersmann, E.U. (1997). The GATT/WTO Dispute Settlement System: International Law, International Organizations and Dispute Settlement (Vol. 23). Martinus Nijhoff.
Pauwelyn, J. (2001). The Role of Public International Law in the WTO: How far can we go?. American Journal of International Law, 535-578.
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…
Tavangaran, A., Information on Riordan Manufacturing, eHow, http://www.ehow.com/about_5729395_information-riordan-manufacturing.html last accessed on January 26, 2010
Corporate Compliance Plan, Community Service for the Developmentally Disabled, http://www.csdd.info/Corporate_Compliance_Plan_2005.pdf last accessed on January 26, 2010
1977, European Convention on Products Liability in Regard to Personal Injury and Death, Council of Europe, http://conventions.coe.int/treaty/en/Treaties/Html/091.htm last accessed on January 26, 2010
1991, Managing Development -- The Governance Dimension, World Bank, http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2006/03/07/000090341_20060307104630/Rendered/PDF/34899.pdf last accessed on January 26, 2010
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…
Aldrich, L. (2010). New York's One Judge-One Family Response to Family Violence. Juvenille Family Court, 77-86.
Berman, D., & Alfini, J. (2012). Lawyer Colonization of Family Mediation: Consequences and Implications. Marquette Law Review, 95-887.
Edwards, L. (2008). Child Protection Mediation: A 25-Year Perspective. Family Court Review, 69-80.
MacDowell, E. (2011). When Courts Collide: Integrated Domestic Violence Courts and Court Pluralism. Texas Journal of Women and the Law, 95.
Labor and Union Case Study
The objective of this work in writing is to conduct a case study on labor and unions and to answer the questions of: (1) Is the grievance process an effective method for resolving workplace disputes? And (2) How would you suggest that unions and employers improve their ability to correctly interpret the collective agreement?
In the case study at focus, several employees have a discussion, which results in an altercation, and two employees are fired as a result. The employees were then advised that they could file a grievance. One of the employees, named Green met in the cafeteria with a representative of the Grievance Committee and related her side of the story and believed that by meeting with the Grievance Committee member that she had filed an official grievance. One week later the other employee, Swallows, was reinstated. When Green inquired about the grievance,…
Borrell, Charles A. (2006) How Unions Can Improve Their Success Rate in Labor Arbitration. All Business. Dispute Resolution Journal Feb-Apr 2006. Retrieved from: http://www.allbusiness.com/human-resources/workforce-management-hiring-recruiting/4081239-1.html
Travis, Mark C. (nd) Improving the Grievance Process: Grievance Mediation As An Alternative to Arbitration. Retrieved from: http://www.adrspecialists.com/docs/IMPROVING%20THE%20GRIEVANCE%20PROCESS%20-%20Grievance%20Mediation%20(IIRHRC).pdf
founding partners of a small consulting firm. The company's attorney noticed the growing tension in the office and worried that there was going to be a blow-up.
ut, like the majority of business disputes, this one was resolved by mutual agreement without resort to litigation (Corley, Reed, & Shedd, 1995). In fact, the attorney suggested that the partners call in a mediator team, and this successfully defused the problem. Corley et al. define mediation as "a process in which a third party is brought into the controversy to help settle the dispute" (1995, p. 100). A mediator brings to the bargaining table an unbiased viewpoint and skill in bringing about compromise (Corley, Reed, & Shedd, 1995). Also, unlike arbitration, the solution suggested by the mediator is not binding, but is given significant weight (Corley, Reed, & Shedd, 1995).
These characteristics of mediation were central to solving this disagreement between partners.…
Corley, R.N., Reed, O.L., & Shed, P.J. (1995). The Legal and Regulatory Environment of Business. New York: McGraw-Hill Higher Education.
Gage, D.F. & Gromala, J.A. (2001, Summer). "Not All Business! Mediating the personality disputes behind internal business disputes." American Bar Association Dispute
Resolution Magazine, pp. 52-58.
2002, March). "The CPA Mediation and Arbitration" The CPA Journal, pp. 25-27.
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…
Fisher, R., Ury, W., & Patton, B. (2011). Getting to yes: negotiating agreement without giving in (3rd ed., rev. ed.). New York: Penguin.
A federal civil case entails a legal dispute between two or more parties. In order to start a civil lawsuit in federal court, the plaintiff will file a complaint with the court and serve a copy of the complaint to the defendant. The complaint will explain the plaintiff's injury, give details about how the defendant caused the injury, and ask the court to order relief. A plaintiff will often look for money in order to compensate for the injury, or may ask the court to order the defendant to stop the behavior that is causing the harm (Civil Cases, n.d.).
To put in order a case for trial, the litigants may perform discovery. During discovery, the litigants must give information to each other about the case, such as the identity of witnesses and copies of any papers associated with the case. The purpose of doing discovery is to prepare…
Civil Cases. (n.d.). Retrieved August 15, 2010, from United States Courts Web site:
Mediation. (n.d.). Retrieved August 15, 2010, from U.S. Equal Employment Opportunity
Class actions represent a consolidation of power by plaintiffs and alleged victims in a case, allowing groups of plaintiffs to consolidate their cases and seek a single judgment for collective damages. Though this is primarily a way of strengthening each plaintiff's case and their cases as a whole, it has certain benefits to defendants as well. By dealing with the Vioxx cases as a class action and coming to an out-of-court resolution with the class action, Merck avoided incurring additional legal costs in resolving or bringing to trial each of the individual cases that it was faced with. This is one way of managing the legal risks of the company; given a different set of circumstances, it might have been advantageous to try each case separately and many cases might have been dismissed due to lack of merit; in this case; the harm caused was fairly evident and materially the…
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…
1964 Civil Rights Act. Pub.L. No. 88-352 (1964).
Civil Rights Act of 1886. U.S. Statutes at Large, Vol. 14:27 (1866).
Friedman, J. (2010). Employment Discrimination: Examples & Explanations. Frederick, MD: Aspen Publishers.
U.S. Const. amend. V.
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…
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,…
Brown, M.R. (1999, February). America's Most Wanted J-O-B-S. Black Enterprise, 29, 109.
Chizek, Mardy. "Can you use a legal nurse consultant? These specially trained and experienced nurses can be frontline protectors against liability suits. (Feature Article)." Nursing Homes, February 1, 2003.
Clark, Scott a.. "Keys on developing the best laid business plans," the Journal Record, April 12, 1999.