Mediation Essays (Examples)

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Wise Agreement Avoid Arguing Over

Words: 2176 Length: 7 Pages Document Type: Essay Paper #: 41744979

The use of objective criteria is important because it is through such criteria that a balanced agreement can be developed. Objective criteria lacks biased and as such the interests of both parties is likely to be taken into consideration. A subjective criterion does not have this quality and as such it has no place in the negotiation process.

Overall this section of the book reflects a clear picture of the attitudes and methods that need to be adopted during the negotiation process. In this section the authors remind the reader that negotiation is a serious skill that has to be developed and examined from many different angles. In addition this section provides the structure needed to ensure that a wise agreement can be reached between the parties.

Alternatives to Negotiation agreement

After negotiations have taken place, there are still issues that might have to be resolved. In some cases parties…… [Read More]

Bibliography

Fisher, R., Ury W., Patton B. Getting to Yes: Negotiating Agreement Without Giving in. Houghton Mifflin Harcourt, 1991
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Conflict Resolution in the Workplace

Words: 809 Length: 3 Pages Document Type: Essay Paper #: 46575397

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.

Part Three

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…… [Read More]

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Alternative Dispute Resolution ADR Many

Words: 4053 Length: 12 Pages Document Type: Essay Paper #: 36419336

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…… [Read More]

Bibliography

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.
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Business Law Is Becoming Increasingly

Words: 3500 Length: 12 Pages Document Type: Essay Paper #: 97575878

It in this manner, therefore, that mediation is preferable.

2.3

OLE of MEDIATO in the INDUSTY

Acting as a bridge between the parties, the mediator, arbitrarily, assumes either a purely facilitative role in which he restrains himself from interfering, or serves as an evaluator where he evaluates the nuances of the case and recommends a basis for settlement. However -- and this is where mediation differs from arbitration -- the mediator is limited from mandating a particular outcome which causes the mediation process to manifest itself as inherently non-binding 14.

A creative mediator practices extremely acute listening skills in order to tease out the interests that are most important to each party. To that end, he or she will identify different preferences amongst the parties and design a package where each party receives what it values most and concedes what it values less than the other party.

Focus will be…… [Read More]

REFERENCES

1. SECONDARY SOURCES

1.1 BOOKS

Barclay, T. New Methods of Adjusting International Disputes and the Future London, Constable, 2008.

Boulle, L. Mediation -- Principles, Process, Practice, Chatswood, LexisNexis Butterworths, 2005
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Resolution Alternative Dispute Resolution Legal

Words: 1906 Length: 7 Pages Document Type: Essay Paper #: 51511845

" (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…… [Read More]

Bibliography

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
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ADR -- Facilitating Conflict Between Children Peer

Words: 1591 Length: 5 Pages Document Type: Essay Paper #: 13885835

ADR -- Facilitating Conflict Between Children: Peer (School) mediation programs

Perspective of Media Source: CNN

Before the shootings at Columbine High School, many parents simply thought of childhood and adolescent bullying as simply a rite of passage, a natural part of growing up, rather than something to be alarmed at. However, according to the popular online media source, CNN.com, an informational news website, President Clinton echoed teachers and therapists that although "we don't know all the facts about what happened in Littleton, but one of the things that have come out of this that's really made an impression on me is that the young men who were involved in this horrible act apparently felt that they were subject to ridicule and ostracism and they were kind of social outcasts at the school. But their reaction to it was to find someone else to look down on." (CNN.com, 1999)

The media…… [Read More]

Works Cited

CNN.com. (April 22, 1999) "Clinton addressses school shooting." Retrived on October 2, 2004 at  http://www.cnn.com/ALLPOLITICS/stories/1999/04/22/clinton.shooting/index.html 

'Evaluation of the first 3 years of the fast track prevention trial with children at high risk for adolescent conduct problems." Journal of Abnormal Child Psychology, Feb, 2002. Retrived on October 2, 2004 at http://www.findarticles.com/p/articles/mi_m0902/is_1_30/ai_84341829/pg_4
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Arbitration and Its Relation to

Words: 4559 Length: 17 Pages Document Type: Essay Paper #: 97140010



Considerations

Stress and grief can make it hard to reach sensible decisions."

The Issue of Arbitration in Family Law

Family Law frequently involves the lives of children, and includes requirements that continue after the case decision is made. It often requires ongoing contact between parties. In addition, "marital and family law takes place in this heightened emotion atmosphere that is not present in other litigation," West notes. "The Family Law Section's 'Bounds of Advocacy' handbook is proving to be a legal best-seller in Florida, albeit a free one," the Florida Bar New eports. ichard West, immediate past chair of the section, states, "The general thrust of it is that marital and family law is different from other forms of litigation, and it needs to be handled differently."

West contributed to assembling the handbook and works regularly to distribute it. The handbook West distributes consists of a recognition that minimum standards…… [Read More]

References

Arbitration, International. (2007). In the Columbia Encyclopedia (6th ed.). New York: Columbia University Press. Retrieved March 27, 2008, from Questia database: http://www.questia.com/PM.qst?a=o&d=112844310

Bergin, Mary. "A Child's Best Interest Family Law Now Emphasizes Kids More." The Capital Times (Madison, WI), January 16, 2003. Retrieved March 27, 2008, from Highbeam Research: http://www.highbeam.com

Boland, Mary L. Your Right to Child Custody, Visitation, and Support. (2004). SphinxLegal. Retrieved March 28, 2008, from: Q. http://books.google.com/books?id=-MPBIsg3nbsC&dq=family+law,+arbitration&lr=&source=gbs_summary_s&cad=0

Conan, Neal "Analysis: New principles for family law." Talk of the Nation (NPR), 2003 January 15. Retrieved March 27, 2008, from, Highbeam Research: http://www.highbeam.com 'Deep Throat' Lawsuit Sent to Arbitration; Family Claims Author Duped on Book Rights. (2007, August 20). The Washington Times, p. B01. Retrieved March 27, 2008, from Questia database: http://www.questia.com/PM.qst?a=o&d=5022390670
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Driveway Case Disputes Can Cause

Words: 1810 Length: 5 Pages Document Type: Essay Paper #: 21770936

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).

Conclusion

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…… [Read More]

Works Cited

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
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ADR Alternative Dispute Resolution Through

Words: 2484 Length: 7 Pages Document Type: Essay Paper #: 41357910

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…… [Read More]

Works Cited

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.
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Legal Process There Are Several

Words: 1069 Length: 3 Pages Document Type: Essay Paper #: 95228326

d.).

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…… [Read More]

References

Civil Cases. (n.d.). Retrieved August 15, 2010, from United States Courts Web site:

http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/HowCourtsWor

k/CivilCases.aspx

Mediation. (n.d.). Retrieved August 15, 2010, from U.S. Equal Employment Opportunity
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Married Daphne Built a Highly

Words: 4047 Length: 13 Pages Document Type: Essay Paper #: 18165275

The need to save face does not bring people to the bargaining table, the need to resolve a dispute or issue does (Fisher and Ury, 1991).

Positional bargaining does have advocates. In the case where the parties interests may interfere with their resolving the issues, positional bargaining may be preferred. Issues are deemed to be universal and party specific. Interests are party specific and will vary from case to case. In this matter, the interests include Richard's infidelity and the three ongoing businesses. It may be that in this case, positional bargaining is preferred as the interests will prove to polarizing for the parties to work together (Lax and Sebenius, 1991).

Strategies, Transitions And Progressions During The Mediation

Richard's First Response

Although this subsection is entitled Richard's response, it is really the response of his lawyer. The mediator meets with privately with Richard and his lawyer and explains that the…… [Read More]

Works Cited/Consulted

Burgess, Heidi. (2004) "Negotiation Strategies." Beyond Intractability. Eds. Guy Burgess

and Heidi Burgess. Conflict Research Consortium, University of Colorado, Boulder.

Posted: January 2004

Fisher, Roger and Ury, William. (1991). Getting to Yes: Negotiating Agreement Without
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Hostess Brands Inc Is One of the

Words: 2140 Length: 7 Pages Document Type: Essay Paper #: 63039149

Hostess Brands, Inc. is one of the largest wholesale bakers in the United States that operates nearly three dozen bakeries and more than 570 bakery outlet stores. This company delivers baked goods to mass marketers, American supermarkets, and convenience stores through 5,500 delivery routes. Since its inception, Hostess Brand, Inc. has developed to an extent that a hostess would demonstrate her home pride through serving breads and sweet products that are manufactured by Hostess Brands. Nature's Pride, Wonder, and Merita are some of the major bread brands manufactured and delivered by the firm. Moreover, Hostess Brands, Inc. also sells snack cakes such as Ding Dongs, Ho Ho's and Twinkies and other sweet-baked products. Despite of its success in the market, Hostess Brands, which is owned by ipplewood Holdings, an investment bank, filed for Chapter 11 bankruptcy protection in 2012 and aims to liquidate.

Company Background:

Hostess Brands, Inc. was established…… [Read More]

References:

Curtis, J.M. (2012, November 22). Union Busting Kills Hostess Brands, Inc. Retrieved

December 3, 2012, from  http://www.examiner.com/article/union-busting-kills-hostess-brands-inc 

"Hostess in Current Condition Because of Failed Management." (2012, November 15). The

Bakery, Confectionery, Tobacco Workers and Grain Millers International Union. Retrieved December 3, 2012, from  http://www.bctgm.org/2012/11/hostess-in-current-condition-because-of-failed-management/
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Role of the Consultant in Group Intervention

Words: 1930 Length: 7 Pages Document Type: Essay Paper #: 90062810

Group Intervention

Using Mediation to Achieve Productivity

Anyone who has ever spent time overseeing small children - or business work teams - knows that such groups can function perfectly well for long periods of time - and then collapse for no apparent reason into chaos and disfunctionality. Knowing how - and even more importantly when - to intervene in a usually highly functioning group is one of the most important skills that a consultant can bring to the group intervention process. A consultant both must understand the nature of the process in particular (and so must have what are essentially anthropological skills to allow the consultant to determine how the "natives" think) as well as a general, in some sense idealized sense of how work processes should work in the abstract. Such a knowledge of how work processes can be their most effective allows consultants to diagnose what the problem…… [Read More]

References

ABA Task Force Agrees Mediation Not Practice of LawADR World. Available: http://www.adrworld.com/index.asp.

Alternative dispute resolution may avoid health care litigation. Cancer Weekly, p. 85.

Black's Law Dictionary. (1991). St. Paul, MN: West Publishing Company.

Ebert, R.J. & Griffin, R.W. (2003). Business Essentials, 4th ed. Upper Saddle River, NJ: Prentice-Hall.
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Filing a Discrimination Lawsuit John

Words: 1147 Length: 3 Pages Document Type: Essay Paper #: 56708986

To do so, John needs to seek a Notice of ight-to-Sue from the EEOC. This document serves as proof that John filed a complaint with the EEOC, as required by the underlying statutes, and serves as his means of entry into the court system (See generally, EEOC, Filing a lawsuit, 2010).

Even though the laws governing employment discrimination are federal laws, John can file his lawsuit in state court or federal court, assuming that state or local laws also prohibit such discrimination. Frequently, at that stage, John's employer is going to seek removal of the case to the federal system, because federal judges are considered more likely to grant summary judgment in favor of employer-defendants than state-court judges are. Employers are able to receive removal because federal courts have jurisdiction over questions of federal law. Therefore, John's lawsuit might proceed in the federal or state court system.

If John's lawsuit…… [Read More]

References

United States Courts. (2010). Federal Courts structure. Retrieved from http://www.uscourts.

gov/FederalCourts/UnderstandingtheFederalCourts/FederalCourtsStructure.aspx

United States Courts. (2010). Jurisdiction of the Federal Courts. Retrieved from http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/Jurisdiction.aspx

U.S. Equal Employment Opportunity Commission. (2010). Filing a charge of discrimination.
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Legal System Dispute Resolution You Are

Words: 924 Length: 2 Pages Document Type: Essay Paper #: 1383879

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…… [Read More]

Works Cited

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
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Science Marches Forward Reproductive Cloning of Humans

Words: 1138 Length: 4 Pages Document Type: Essay Paper #: 74748313

science marches forward, reproductive cloning of humans will likely become a reality. It has already been accomplished with dogs, cats, cows and monkeys. This means that one day a person will be able to have a child with his/her own cells. hat do you think some of the family law issues will be as this form of alternative reproduction becomes a reality?

As soon as Dr. Ian ilmut made a breakthrough announcement that he, and his team, had successfully cloned an adult sheep in 1997, the salience of the controversy about cloning humans and genetic modifications in the human genome virtually erupted (Rose, 1999). It became clear at this point that it was feasibly possible to conduct a range of scientifically assisted reproduction such as human cloning for example. There could also be a mix of genetic information bestowed on a child. For example, family planning could resemble something along…… [Read More]

Works Cited

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.
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Resolution the Scenario for This

Words: 1466 Length: 5 Pages Document Type: Essay Paper #: 63438142

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…… [Read More]

Works Cited

http://www.questiaschool.com/PM.qst?a=o&d=10430129

Gleason, Sandra E., ed. Workplace Dispute Resolution: Directions for the 21st Century. East Lansing, MI: Michigan State University Press, 1997. Questia. 16 Jan. 2009 http://www.questia.com/PM.qst?a=o&d=10430129.

A www.questiaschool.com/PM.qst?a=o&d=85998075

Singer, Linda R. Settling Disputes Conflict Resolution in Business, Families, and the Legal System. Boulder, CO: Westview Press, 1994. Questia. 16 Jan. 2009 http://www.questia.com/PM.qst?a=o&d=85998075.
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Contracts Have Existed to Help

Words: 993 Length: 3 Pages Document Type: Essay Paper #: 74041386

Tis allows tem to ave an advantage if litigation becomes inevitable.

5. Non-Competition Clause a/k/a Covenant Not to Compete Clause - Most companies will attempt to protect teir intellectual capital from competitors by aving employees sign a non-competition agreement or, alternatively, by including a non-competition clause as part of an employment contract. Suc agreements restrict an employee from joining forces wit a competitor or setting up is or er own competing business for some period of time witin a particular territory (geograpical or oterwise). Tese agreements ave become so common in te tecnology sector tat most people use tem witout muc attention to teir content. Tis is wrong, and a lot of companies come to pay dearly for suc a careless approac. It is important t o note tat not only do companies dealing wit intellectual property use suc an agreement. Tis clause is utilized any time a company wants…… [Read More]

http://www.yourdictionary.com/choice-of-law-clause  http://www.heydary.com/lawyers/ontario/toronto/non-competition-agreements-p.html

http://www.allbusiness.com/legal/contracts-agreements/536-1.html

http://www.library.yale.edu/~llicense/forcegen.shtml
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Social Perceptions and Biases

Words: 1402 Length: 4 Pages Document Type: Essay Paper #: 21426967

Social Perceptions and Bias

Within any organization there is a dual cognitive and emotional role in making decisions. In the 21st century global environment, this role is accentuated and allows far less time than ever before. Typically, decision making is the result of stimuli, then choosing from alternatives based on past and current knowledge, then making a final choice of an action or group of action. One way of looking at the decision making process is that it is ingrained within the human psychological perspective, which makes it both unique and complex for the individual or organization involved. esearchers Seo and Barrett (2007) present a theory that contrary to the popular belief that emotions (feelings) are dysfunctional in decision making, in fact, research shows that individuals who are able to identify and distinguish among feelings have a greater chance of making successful and discreet decisions by looking critically at their…… [Read More]

REFERENCES

Ashforth, B., Humphrey, R. (1995). Emotion in the Workplace: A Reappraisal.

Human Relations. 48 (2): 97-125.

Baron, R., Kenney, D. (1986). The Moderator-Mediator Variable Distinction in Social

Psychological Research. Journal of Personality and Social Psychology. 51 (6): 1173-82.
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Planning and Project Management the

Words: 1035 Length: 3 Pages Document Type: Essay Paper #: 78861135

Likewise, bid packages are documents that need to be as lucid and frank as possible. "Bid packages can be used in a number of industries, including business, it systems and telecommunications. But the most common industry where bid packages are used is construction. Basically, a bid package is a portfolio of all the documents needed to take part in an invitation bid. Those who will be bidding on the project can look at the bid package and determine if they fit the criteria. Bidders will need to meet the skills and qualifications listed, be able to complete the project on time and stay within the specified budget" (Tiffany, 2012). Such documentation can help all stakeholders in a given project have a clear understanding of what is requested, required and needed. All these facts are specified within the given context of the project scope and the timeline engaged.

In the simplest…… [Read More]

References

Fleming, Q. (2003). Project Procurement Management: Contracting, Subcontracting, Teaming. FMC Press.

Handfield, R. (2011, January 26). The Procurement Process - Creating a Sourcing Plan: Procurement: A Tutorial. Retrieved from ncsu.edu: http://scm.ncsu.edu/scm-articles/article/the-procurement-process-creating-a-sourcing-plan-procurement-a-tutorial

Lynch, J. (n.d.). Procurement Planning and the Procurement Plan: Why are they Important? Retrieved from procurementclassroom.com: http://www.procurementclassroom.com/procurement-planning-and-the-procurement-plan-why-are-they-important/

Murray, J. (2009, August 6). What is the Difference Between Arbitration and Mediation? Retrieved from About.com: http://biztaxlaw.about.com/b/2009/08/06/what-is-the-difference-between-arbitration-and-mediation-2.htm
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Confict Analysis There Has Been

Words: 2311 Length: 7 Pages Document Type: Essay Paper #: 88312486

This intervention may damper the feedback spiral" (2005, p18)

Dean G. Pruitt and Sung Hee Kim's theory suggests that at the moment of problem solving "the parties or their representatives talk freely to one another. They exchange information about their interests and priorities, work together to identify the true issues dividing them, brainstorm in search of alternatives that bridge their opposing interests, and collectively evaluate these alternatives from the viewpoint of their mutual welfare."(1986, p. 139) This approach is similar to what Fisher advocates as problem solving and it can be an efficient path for communication. In this sense, it is important to separate people from the problems, and react to the actual issues that place the parties on the same spectrum of analysis before tackling the sensitive issues which raised the conflict. Terrence Hopmann considers that there are two solutions that could be effective for the resolution of a…… [Read More]

Bibliography

Fisher, R.J. And Loraleigh Keashly. (1991). The Potential Complementarity of Mediation and Consultation within a Contingency Model of Third Party Consultation. Journal of Peace Research 28:1.

Hopmann, T. (2001) Bargaining and Problem Solving: Two Perspectives on International Negotiations, in Chester Crocker, Fen Osler Hampson, and Pamela Aall, eds., Turbulent Peace: The Challenges of Managing International Conflict. Washington, D.C.: United States Institute of Peace Press.

Miall, H., O. Ramsbotham, and Tom Woodhouse. (2005). Contemporary Conflict Resolution Oxford: Polity Press.

Pruitt, D.G. And Sung Hee Kim (1986). Social Conflict: Escalation, Stalemate, and Settlement. New York: Random House.
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Negotiation as a Leadership Skill

Words: 1828 Length: 7 Pages Document Type: Essay Paper #: 8390256

Negotiation: A Required Skill in Leadership

Negotiation as a Leadership Skill

Negotiation

A Required Skill in Leadership

Negotiation

A Required Skill in Leadership

The purpose of this work is to write a memorandum to a colleague describing the characteristics of effective leaders for the public sector in the 21st century. Included will be negotiation and mediation skills and the reasons that these characteristics are important in today's leaders. In the work of Michael E. Siegel on Leadership in American Presidents presented is a "model of effective leadership based on a four-part framework used to analyze the performance of three recent American presidents" stated to be Carter, Reagan, and ush. The framework reportedly can be utilized by leaders as well as managers in the public and private sector organizations in self-analysis as to performance in what is stated to be "four critical areas of leadership." Siegel (2001) This is particularly true…… [Read More]

Bibliography:

Braham, Barbara (2004) Negotiation Tips: Skills Techniques & Strategies for Effective Negotiation  http://www.bbraham.com/html/negotiation.html 

Howard Gardner "Using Multiple Intelligence to Improve Negotiation Theory and Practice." Negotiation Journal October 2000: 321-324.

Katheleen M. Eisenhardt, Jean L. Kahwajy and L.J Bourgeois III "How management teams can have a good Fight" Harvard Business Review. July-Aug 1997.

Lewicki, Roy J, David M. Saunders, and John Minton. Essentials of Negotiations. NY: McGrew Hill 2nd edition 2000.
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Family Law

Words: 1844 Length: 6 Pages Document Type: Essay Paper #: 35355807

Mr. Smith deserves custody of Samantha Smith

In the hypothetical custodial and child support-related case of Smith v. Smith, Mr. Smith is suing for child support payments for Samantha Smith, a child whom is not biologically the natural child of either Mr. Or Mrs. Smith. However, as a result of in vitro parentage and surrogate pregnancy, Samantha became the child of both parents, to be raised as if she were biologically their child, according to an agreement both of them signed. During the first year of her life Samantha lived with both Mr. And Mrs. Smith. During the second two years of Samantha Smith's life she lived solely with Mr. Smith. These two years were marked by at first frequent and then sporadic visitation by Mrs. Smith.

Of course, the issue of child custody is a difficult one even in cases where reproductive technology is not involved. But in the…… [Read More]

Works Cited

Areen, Judith. (1999) Family Law: Cases and Materials. Fourth Edition. New York: Foundation Press.
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Torts and Risk the First

Words: 979 Length: 3 Pages Document Type: Essay Paper #: 86605766

A related case of Toxic Torts occurred in East Anglia, where chemicals from a factory seeped into a dam (Barcelona Field Studies Centre, 2009).

The best risk management method is prevention. While Alumina's current situation is somewhat dire, the company can learn from its mistakes and attempt to prevent the same thing from occurring in the future. One measure that can be taken in this regard is to fully assess the current situation in terms of the amount of danger caused, the amount of people affected, and the mitigation measures necessary to eliminate the health risk. A cost analysis should also be conducted to quantify the financial risk, especially in the future (.

The risk of public image can be mitigated by taking the option of settlement via arbitration or mediation. Alumina's guilt and wrongdoing cannot be denied. Being subjected to a court battle that will probably be lost is…… [Read More]

References

Barcelona Field Studies Centre. (2009). Donana National Park: Causes and Effects of Toxic Waste Pollution.  http://geographyfieldwork.com/DonanaCauses.htm 

Landlin, David C. (2005, Aug.). Current Trends in Toxic Tort Litigation. Risks Management Magazine. Retrieved from http://www.hunton.com/files/tbl_s47Details%5CFileUpload265%5C1238%5CLandin_Toxic-tort.pdf
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Committee Using a Reflective Approach to Leadership

Words: 1957 Length: 6 Pages Document Type: Essay Paper #: 79799025

committee using a reflective approach to leadership in democratic leadership behaviors and methods. This will make use of channeling the energy of strong personality members rather than to suppress strong committee members and guide and facilitate gently these styles into crafting a solution to the problem. We also need to make sure that we are engaging all of the stakeholders internally and externally to ensure the success of the project.

In this mediation environment, the church wants to rent out space in the building to a charitable community group that functions as a day care center for developmentally adults. It is hoped that with this business, more money will be coming in. However, as with any proposal, it is not without problems and complications. The church is finding out that the project may put it in trouble with the village government on issues such as zoning, safety. Additionally, the office…… [Read More]

References

Anderson, S. (2007). Preparing to build. New York, NY: Anderson Marketing, Inc.

Church building 101 rules of thumb. (2012). Retrieved from http://www.churchconstruction.com/article-churchbuilding101.php.

Church plans for less. (2011). Retrieved from http://www.churchplansforless.com/guidelines.htm.

Comprehensive land use plan. (2011). Retrieved from http://www.stcharlesgov.net/index.aspx?
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EEOC Discrimination Claim Discrimination Complaints A Case

Words: 1195 Length: 3 Pages Document Type: Essay Paper #: 93733889

EEOC Discrimination Claim

Discrimination Complaints: A Case Study

John believes that he has been discriminated against by his employer, a private company. The nature of the alleged discrimination could be related to John's race, color, religion, sex, national origin, age if 40 or older, disability, or genetic information (Equal Employment Opportunity Commission [EEOC], 2010, p. 1; EEOC, n.d.). The Constitutional authority for filing a discrimination claim against an employer comes from a number of different acts, including the Civil ights Act, Age Discrimination in Employment Act, Equal Pay Act, and the ehabilitation Act. The federal agency responsible for regulating and mediating such claims is the Equal Employment Opportunity Commission. Protection against employer retaliation for filing a discrimination claim is also provided under these laws and regulations.

Pre-Complaint Procedures

The procedure for filing a discrimination complaint with the EEOC requires that the employee notify the employer of the grievance (EEOC, 2010,…… [Read More]

References

Arizona Judicial Branch. (2010). Guide to AZ Courts: General jurisdiction courts. Accessed June 5, 2011 at http://www.azcourts.gov/guidetoazcourts/GeneralJurisdictionCourts.aspx

Equal Employment Opportunity Commission. (2010). Regulations: Part 1614 -- Federal sector equal employment opportunity FRFS. Retrieved June 5, 2011 from http://www.eeoc.gov/federal/directives/upload/1614-final.pdf

Equal Employment Opportunity Commission. (n.d.). Filing a charge of discrimination. Accessed June 5, 2011 at  http://www1.eeoc.gov//employees/charge.cfm?renderforprint=1 

United States Courts. (n.d.). Civil Cases. Accessed June 5, 2011 at http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/HowCourtsWork/CivilCases.aspx
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Collaboration and Conflict Resolution in Education It

Words: 1231 Length: 4 Pages Document Type: Essay Paper #: 10288819

Collaboration and conflict resolution in education." It was written by James Melamed and John eiman. This particular article is primarily concerned with conflict resolution that occurs within an educational institution. Specifically, such conflict is defined within this article as that which occurs when either a parent of a student or an employee of the educational institution "views the current system or relationship as not working." Such conflicts between parents and educational institution employees are fairly common, and can arise from the slightest incident. The article describes such conflict from two different perspectives. The first is when both of the aforementioned parties communicate directly with one another. The second is when the aforementioned parties seek a mediator to help them reach a resolution. The majority of the article is based on the latter of these scenarios.

One of the most important things about this article is that it accentuates the fact…… [Read More]

References

Melamed, J., Reiman, J. (2006). "Collaboration and conflict resolution in education." www.mediate.com. Retrieved from http://www.mediate.com/articles/edu.cfm
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Camp David Negotiations Between Israel

Words: 3090 Length: 9 Pages Document Type: Essay Paper #: 22729972

208). Begin could tell the Israeli community that the Egyptian made extreme demands and the Americans didn't handle the negotiations very well. Begin's more "militant supporters" in Israel would back him up no matter the outcome, Quandt explains (p. 208).

A for Sadat, he believed that he and Carter already had a preliminary agreement that would "force the Israelis to make significant concessions"; hence, Sadat would put "all his cards face up on the table before the president," helping Carter to "manage the inevitable confrontation with Begin" (Quandt, p. 208). Sadat told the American delegation "repeatedly" that an agreement between the U.S. And Egypt "was more important to him than an Egyptian-Israeli agreement."

The only worry that Begin had, Quandt asserts on page 208, is that if the talks failed, Carter "might blame him for the failure, go public with that judgment, and try to mobilize American public opinion against…… [Read More]

Works Cited

Bard, Mitchell G. (1990). How Fares the Camp David Trio? Orbis, 34(2), 227-241.

Carter, Jimmy. (2009). We Can Have Peace in the Holy Land: A Plan That Will Work. New York: Simon & Schuster.

Israel Ministry of Foreign Affairs. (1978). Camp David Accords. Retrieved February 27, 2011,

From http://www.mfa.gov.il.
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Riordan Corporate Compliance Plan Riordan

Words: 1948 Length: 7 Pages Document Type: Essay Paper #: 78916218



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.

7. Governance

Our governance is based on principles of legal doings, ethics and morality, as well as equal opportunities. In this line of thoughts, we strive to operate in a means that creates more value to our various categories of stakeholders. The principles by which we guide our operations are…… [Read More]

References:

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
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Matching Terms Writ of Mandamus

Words: 1871 Length: 5 Pages Document Type: Essay Paper #: 58268701



8. State the "law of the case" of each of the following: (10) a) Gonzales v. Raisch: ffirmed Oregon statute allowing doctors to prescribe controlled substances in assisted suicide and invalidated ttorney General's statutory interpretation that assisted suicide does not constitute practicing medicine..

b) First National Bank v. Bellotti: Invalidated Massachusetts law criminalizing corporate use of corporate funds to promote political agenda as a violation of corporations right to Free Speech under the 1st mendment..

c) Kelo v. New London: State power of eminent domain properly used even though taking of property inured to benefit of one private entity over another, because its effect was beneficial to the community..

d) darand v. Pina: Overturned Metro v FCC and decided that any type of racial classification used by any government agency triggers strict scrutiny.

e) Cole v. Burns International Security Systems: Employers may require employees to waive their right to litigate…… [Read More]

A b) Cole v. Burns International Security Company: D.C. District Court applies SCOTUS ruling in Gilmer, to uphold pre-employment arbitration agreements that meet the 5 elements of fairness articulated in Gilmer.

10. Respond to a colleague who asserts that we need to get rid of these liberal activist judges and replace them with conservative judges who interpret the law and do not make the law. (5)

The 2000 SCOTUS decision terminating the by-hand vote count then underway in Florida is a perfect example that "conservative" justices with no prior history of "liberal" statutory interpretation, in fact, make law, as evidenced in the way five "conservative" Republican justices effectively awarded the presidency to George W. Bush by their whim under the color of "judicial interpretation."
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Bilateral Negotiation Is Mainly Characterized by the

Words: 1061 Length: 4 Pages Document Type: Essay Paper #: 9316816

bilateral negotiation is mainly characterized by the fact that there are only two parts trying to reach an agreement. The two sides can either have a conflicting negotiation, where they're disputing a certain aspect (it may be an economic dispute or a political matter, for example), or a constructive negotiation, where they are drawing up a cooperation agreement, for example.

B) Internal negotiations are negotiations that take place inside the negotiating team. In general, these types of negotiations are not recommended in public or during the rounds of negotiations between teams, because it may show the other side that there is a certain lack of consensus on the matter, which may destabilize the negotiating position.

Vertical negotiations are negotiations that take place between members of opposite teams that are on different positions of authority. It may be the case that one of the members of lesser importance of one time…… [Read More]

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Descartes Successful in Showing That

Words: 1708 Length: 5 Pages Document Type: Essay Paper #: 10055002

The object still exists as well, even if it only perceived inaccurately by the material world and by the sensations

Mathematical proofs and mathematical calibrations are accurate, when correctly done, according to Descartes, because they can be proven by logic that the existence of such things exist with tools outside of the body. But although Descartes' Christian world of a non-deceitful god may have been persuasive to his readers, a contemporary reader might ask, what about when the body is affected by the mind -- for example, when one's heart pounds when the mind is nervous, or when one feels hungry because one has seen a television commercial? The sensations are correct in the sense that they perceive a sight, but the pilot of the ship, in essence, interferes with the correct course of action. This suggests a connection between mind and body that is less causal and easy to…… [Read More]

Works Cited

Modern Philosophy. An Anthology of Primary Sources. Ed. By Roger Ariew and Eric Watkins. Indianapolis: Hackett Publishing Inc.
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Education I Have Focused'so

Words: 419 Length: 1 Pages Document Type: Essay Paper #: 61255729

My work experience and responsibilities have included retail and sales, and working at the Blackwell Hotel. The hotel is affiliated with the Fisher College of Business. In this job, I have had opportunities to meet many professors and graduate students from the College while working as a server for the Grab 'n' Go sandwich shop. This work experience has helped to increase my knowledge of service-related business practices and of people in general, professionally and personally.

In addition, I have worked in the past for my aunt, who is an accomplished, and very experienced, business entrepreneur. My aunt has taught me a great deal about the business world and about interfacing with varied and diverse groups of people in a constructive business capacity. She owns a business that focuses on helping women from all walks of life begin their careers through investing in their own businesses, and themselves.

In applying…… [Read More]