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In a legal proceeding, the press and other parties will have access to the topics that were discussed. This prevents information from being leaked, which could hurt negotiations.
Informal and Flexible: Arbitration is not following a formal structure. This changes the time and place when these proceedings can occur.
Economical: The process is saving time and money by not involving the courts in settling the dispute (which could take years).
This is illustrating how arbitration is advantageous because it can help both sides to quickly resolve key issues. ("Foundations of Conflict esolution," 2012) (Shachar, 2011) (McLean, 2008)
Mediation -- Arbitration (Med-Arb) is a procedure that is combing the two strategies together into a single model. The way that is works is each side will agree to abide by the final decisions. However, during the process, mediation is used to determine the positions of both sides and their flexibility. (McLean, 2008)…… [Read More]
Children in this mediation scenario have the rights to develop educationally, emotionally and psychologically. The outcome of the mediation scenario must ensure their growth and development hence the overriding factor would the interests of the children. The case plan would adopt the federal and state laws in relation to the custody of children in order to come up with applicable result. This is because the ethical and legal issues of the mediation scenario pertain to the federal and state laws and principles. The interest of the children is a principle that applies to the federal and state laws concerning custody of children. The main professional tool necessary for this mediation scenario is the ability to identify ethical and legal issues pertaining to the problem in the context. As a practitioner, I should have sufficient knowledge and information on the principles governing state, federal, or international custody cases. This would provide…… [Read More]
However, a variation, called "co-med-arb, allows the mediator and the arbitrator to jointly conduct a fact-finding hearing at the outset of the dispute. The hearing is followed by mediation, then arbitrtation" (McLean and Williamson). For the purposes of this review, however, it is the synergy that the processes provide together that are important -- that the two standing alone are no where near as powerful a problem solving tool as they are when joined together.
Depsite what many believe about the process, there is no magic bullet and yet in Cecala v. Moore, the U.S. Court in Northern Illinoise said that "an agreement to mediate all dusputes [from] contract law was properly categorized as arbitration" -- yet arbitration and mediation may also be used interchangelably without too many procedural difficulties (McLean and Williamson). It is really up to the parties that enter into the process to decide if Med-Arb will…… [Read More]
Hence, those people who are particularly concerned about privacy are far more comfortable with mediation as compared to litigation or arbitration for dispute resolution. Confidentiality is particularly important in settlement proceedings as people are often reluctant to reveal their "bottom line" to the opposing party; in mediation, they may reveal their bottom lines to the mediator in confidence who can use the information to settle the dispute.
Mediation is, almost always, far less expensive than other dispute resolution methods, particularly litigation. Private dispute resolution companies take up mediation cases for a fraction of the cost of bringing a lawsuit. A number of nonprofit community mediation centers in the U.S. even handle relatively minor consumer, neighborhood, workplace, and similar disputes for free or for a nominal charge. (Ibid.) The much shorter duration of most mediation proceedings (one day or less on the average) further helps in cost reduction.
Flexibility…… [Read More]
These guidelines were established to set parameters around a mediator's dissemination of legal information. The parameters set authorize a mediator to provide legal information such as brochures or printed material provided by the bar association. However, it strictly prohibits giving legal advice or sharing legal opinions with the parties.
Mediation continues to be a controversial topic in the area of civil disputes. Each state has chosen its own approach to addressing these disputes and implementing mediation. Mediation oversight has taken many shapes including the use of good faith requirements for participation. Each state must continue to ensure that self-determination is at the heart of mediation programs regardless of their decision to mandate participation. Upholding the principles of mediation should be at the core of all decisions regarding assignment of cases to mediation.
Boettger, U. (2004). Efficiency vs. party empowerment: Against a good faith requirement in mandatory mediation. eview of…… [Read More]
The primary challenge with online dispute resolution is that the online world does not perfectly mirror the real world. Mediation is typically most effective if the parties of the dispute are physically present with the mediator, yet with online dispute resolution there is a level of impersonality that interferes with the mediation process ("The pros," 2003).
Although there are benefits to the asynchronous nature of e-mail, mediation is sometimes more difficult due to this factor. Negotiations are often facilitated by the parties being able to freely communicate with one another. The delay between responses can cause frustration for both parties and negatively affect the process. Much of the dynamics of face-to-face mediation are lost as well ("The pros," 2003). The emotional aspect is a concern in online dispute resolution as well.
Emotions are an integral part of many mediations. With online dispute resolution these emotions can get lost or can…… [Read More]
Parties may perceive that the process is unfair, as the arbitration decision is made prior to any information revealed during the mediation session. The latter cannot influence the decision in the former. Should the dispute not be settled during mediation, the arbitration decision may be perceived as unfair and inaccurate. Furthermore, there may also be a perception of a loss of control, as parties are as it were forced into a quick voluntary decision in order to escape the possible penalty of arbitration.
In mediation-arbitration disputing parties each retain the maximum control over the process and decisions made during the mediation phase. There is no arbitration decision that imposes pressure upon the parties when initial negotiations and decisions take place. The only limiting factor is a deadline, after which arbitration will take place if no voluntary decision can be reached. The advantage here is the perception of both control and…… [Read More]
Analysis Getting Past No
The various ideas presented in Getting Past No, highlight how the mediator must use a number of tools / tactics to be able to effectively resolve the dispute. What happens is when two parties are in any kind of dispute, they more than likely are displaying large amounts of negative emotions towards each other. At which point, both parties will become even more set in the view that they are correct in their position. Once this perception takes place, is when both parties are unwilling to resolve the dispute, as the overall negative emotions are keeping each party far apart. Once mediation takes place, the negative emotions will more than likely come out from both sides. Where, each party is trying to paint the other side, as the one who is responsible for the impasse. This makes the job of mediator more difficult, as they must…… [Read More]
The study showed that "a shift from people-oriented to mainly project-related sources of conflict occurred" (Correia, p. 20). These conflicts were mainly described as project deadlines, final product expectations, quality criteria, the design elements, theory of instruction(s) and technology usage.
As one participant in the study stated; "in the beginning they were overloaded with the amount of work they were expected to do...as the project evolved their focus shifted to the project itself" (Correia, p. 21).
Recent evidence provides enough commentary to believe that managing conflicts in a quick and efficient manner has impacted the business community and the ethics practiced by a vast majority of the individuals making business decisions. A study conducted in 2004 contends that "more managers are now likely to select ethically appropriate actions either because it is ethical to do so, or because the consequences or risk of not doing so are too great" (Premeaux,…… [Read More]
The studies about recidivism and VOM have resulted in a number of different conclusions, but they tend to demonstrate that VOM helps reduce the instance or severity of offender recidivism. VOM tends to be a more cost-efficient way of dealing with offenders than other means in the criminal justice system. Finally, while VOM has traditionally been used for less-serious crimes, there have been promising results in VOM programs for serious offenses, including violent crimes.
This article helped me understand the importance of VOM as part of the criminal-justice system. Given that VOM increases victim satisfaction with the criminal justice system, and may reduce recidivism rates and processing costs, it makes sense for criminal justice systems to offer VOM. Moreover, because it appears that victims of serious crimes may actually be more helped by VOM than the traditional justice system, it seems that jurisdictions should look at expanding their VOM…… [Read More]
When someone finds themselves in a group of individuals where no solution or teamwork seems to be found, one of two things generally happens. You can sit back and avoid the problem, choosing to ignore the fact that you and your co-workers can't seem to figure out a way to work together. Or, you can take charge, regardless of your position in the company or group and help your co-workers find a solid working solution. The chapter on lateral leadership goes over these steps. In this chapter, the book talks about avoiding setting individuals straight, so to speak. It discusses how you can positively ask another individual or group what you can do to make a specific situation better.
Most people do not accept criticism very well. If the criticism is presented in a way that makes the individual feel like they are being attacked or ripped apart, that individual…… [Read More]
10) Any costs or fees associated with the ministry
CMC is founded as a faith ministry and as a result will charge absolutely no fee for its mediation programs. Nor will we accept any private funds for the work we put in. On the contrary, we intend to request for travel as well as accommodation funds to be paid for by those families who wish to seek our help, once the mediation programs have been started. These funds are to be gauged on a case to case basis. Furthermore, both travel and accommodation may be organized as well as funded for by the family asking for mediation, or perhaps organized by CMC and subsequently funded via a donation procedure (Winslade and Monk, 2000).
11) How staff (mentors or mediators) will be selected, trained, and supervised
It has been observed multiple times that, mediator who is successful, has a track record…… [Read More]
Alternate Dispute Resolution
Mediation and Conflict Resolution
Mediation is a process which brings two opposing parties to a table in the attempt to encourage them to develop their own resolution to a dispute. The traditional means of conflict resolution, of antagonistic litigation is costly, and creates a win-loose atmosphere between the parties. Through mediation, the two parties have the opportunity to create their own solution. Mediated agreements tend to lesson the adversarial roles which disagreeing parties play, and their agreements tend to have a great degree of staying power, since the agreements are voluntary. Although many different mediation, and alternate dispute resolution (ADR) methods are presently in use, arbitration and direct mediation are the most common. Other methods are often simply variants of these two ADR techniques.
In mediation, one or more neutral individuals are selected to assist the parties at conflict in negotiating a compromise. Mediators do not have…… [Read More]
g., civil and criminal attorneys, law enforcement and probation), improve efficiency by handling both civil and criminal matters in a single proceeding and render additional services for victims, such as crises counseling, housing, and job training (see Integrated Domestic Violence Courts (2011, p. 1). In my opinion, the disadvantages of the system are outweighed by its advantages because in addition these courts facilitate access to enhanced services for litigants and help to ensure offender accountability (see New York State: Problem-Solving Courts, p. 1).
Question # 5: The juvenile delinquency process varies from state to state. For example, in Minnesota juvenile delinquency matters include any felony, gross misdemeanor, misdemeanor, and petty misdemeanor offenses allegedly committed by a person less than eighteen (18) years old. Its details vary by State. It starts with a petition or citation stating of the alleged charge. Juvenile and Parents receive a summons. Felony charges require fingerprinting.…… [Read More]
difficult to fight the right mediation approach in this case. In part, both John and Terry have arguments in their favor and one can note that both were very civil in their presentation, praising the other's qualities at the beginning of their statements. Beyond that, it seems less a case of differences between generations and more a case of an employee who cannot process and implement the instructions he receives from his superior.
This is something that John himself understands. He says that Terry is impatient with the fact that some of the older employees, with less experience with computers and technology, are not able to properly use the new systems. He argues not with the fact that Terry has not given him time to learn and understand (in fact, she has sent John to several training seminars on this topic), but with the fact that some of the employees…… [Read More]
Place the center in an area in the classroom or home that is inviting and pleasant. Label each object and area in the center and provide opportunities for the children to speak, write, read, and listen. Provide various manipulatives for the children to play with and rotate these materials between play sessions" (Bergen 2010).
Q3. hat are negative consequences of failure in leading activities formation in early childhood?
Vygotsky was less apt to view the child in isolation than previous theorists. For Vygotsky, socialization was critical not simply for a child's moral development, but also for the child to meet critical learning and intellectual milestones. "Every function in the child's cultural development appears twice: first, on the social level, and later, on the individual level; first, between people (interpsychological) and then inside the child (intrapsychological). This applies equally to voluntary attention, to logical memory, and to the formation of concepts.…… [Read More]
Mediation in family law cases is recognized as a viable alternative to the courtroom because it has proven to work effectively in most cases if both parties make a reasonable effort to solve their disputes. Approximately 98% of family law cases settle without the need to proceed to trial. The mediator, an unbiased third party who does not represent either party, will listen to both sides and assist the parties to come to a mutually agreed resolution of the issues in their case. The entire focus of the mediation process is find a mutually agreed upon resolution, with both parties making suitable compromises to resolve financial issues equitably and to agree upon a parenting plan that is in the best interests of the child.
There are many advantages to mediation. First of all, it enables the parents of children to be creative and explore options that may not be available…… [Read More]
Mediation vs. Arbitration
When it comes to resolving conflicts and situations that arise while engaging in business, the two common remedies that often become obvious and available are mediation and arbitration. When using those words in a normal context, they are related but mean two entirely different things due to the voluntary (or involuntary) nature of the proceedings. There is also the consideration of who (or who is not) empowered to make any resolutions or final calls as to who should win out in a dispute. While there are upsides and downsides to each approach, both mediation and arbitration have their place and can be very useful.
When it comes to mediation, the advantages are that people can come to a mutually agreed to meeting and discuss what is going on and what can be done to fix a situation without involving a judge or any other decider that will…… [Read More]
Mediation Part III
The author of this report is writing a continuing series on mediation and what makes up a typical mediation session as well as what made up an actual mediation that the author of this report and response was involved with. The situation occurred at Fort Belvoir Community Hospital. Specifically, the author of this report will focus on what the overarching difference was, who the parties or sides were for the conflict, who the neutral side was in the conversation, how that neutral party was chosen, why a neutral third party was required and how that person facilitated discussions that led to an acceptable outcome. The author will explain what would have happened had the author been the neutral side in the discussion. While having a neutral party is not necessary to get a resolution to a problem with two dichotomous sides, it is certainly…… [Read More]
Let the discussion of mediation and moderation begin briefly with what they have in common and proceed further into what distinguishes them. Mediation and moderation are types of hypotheses most found within experimental design models. Mediation and moderation are hypotheses that describe the ways in which causes relate to their respective effects. Mediation and moderation may additionally be described as theories used to further distinguish and articulate processes within a causal relationship. The particular methodology of mediation and moderation are found in some of the following disciplines: sociology, psychology, and social science. esearchers who endeavor to use this methodology would benefit from taking content from a network or spectrum of disciplines to maximize readership.
This definition does not restrict experiments only to designs with randomization, and mediation and moderation is not restricted only to those causal relationships that are established based on randomized experiments. Nonetheless, the power of…… [Read More]
Mediation and Moderation
Models, Mediation, and Moderation
Critique of the approach to management and testing of mediator and moderator effects presented in Frazier et al. (2004) article
Frazier et al. (2004)'s article have introduced mediation analysis. After reading the article and comparing it with related ones, I have to raise concerns with about how Frazier et al. (2004) have used his method. I have reviewed recent and past methodological literature and developed a few recommendations on how Frazier et al. (2004) should have addressed three major issues. The first issue is the assumption of omitted variables, temporal order, and reliability. The authors have made brief visits to topics regarding confirmatory exploratory distinction and reliability. Additionally, in the provision of a feeling of the level at which previous literature studies were being practiced, Frazier et al. (2004) examined a sample comprising of 50 articles. Each of these articles had a minimum…… [Read More]
The sample was composed of 162 students, 81 that were from grade 5 and 81 from grade 2. Tutors were chosen from classes of children with learning disabilities and the tutees were selected from regular classes. The tutors and tutees were randomly assigned to an experimental or control group. The research findings found that the experimental tutors had a higher rate of learning compared with the control group. These higher rates were thought to be because of their mediation skills and a noticeable improvement in their scores between the pre-intervention and post-intervention phase (Shamir and Lazerovitz, 2007).
A third study that was conducted was done to investigate the effects of Peer Mediation on a child's cognitive modifiability. It also looked at mediators and learners in regards to the effects of the modifiability on the learner and mediator after following the program. The study consisted of a sample of 178 students-…… [Read More]
Problem-Solving and Mediation
The Problem-Solving and Decision Making Model (PSDM) is viewed as an integral part of the entire process of conflict resolution. Within this approach there is the mentality that if any conflict is approached as a more cooperative endeavor, where both parties are invested in the outcomes, then both parties are more likely to work hard and proactively in order to create a situation or outcome which will benefit them both. "The goal becomes to do as well as possible for both the self and other, rather than to engage in the kind of destructive win-lose struggle that exemplifies competitive, contentious conflict" (Deutsch & Coleman, 2006). This is a type of cooperative approach to solving conflict which generally has to slide through four particular phases: diagnosing the conflict, identifying other possible solutions to the conflict, assessing a mutually appealing solution to the conflict, and committing to the decision…… [Read More]
Leaonard, Sam (1994). Mediation: The book. A step-by-step guide for dispute resolvers. Evanston, IL: Evanston Publishers. The writer provides a summary of many chapters of the book and also chooses a way to classify the book and discuss the writer's feelings about it. There was one source used to complete this paper.
As the world continues to globalize it becomes more important than ever to determine effective ways to resolve conflict. People run into conflict often, whether it is socially, during work, or during volunteer activities. Conflicts can be small or large and small conflicts can become large if they are not handled properly. The ability to resolve conflict provides a skill that is marketable in every industry and every situation. An author who can teach others in the ways of conflict resolution provides the world with a great service. In Sam Leaonard's; Mediation: The book. A step-by-step guide for…… [Read More]
Our interpretations, Mediation Strategies and Communication Types
The Nature of Conflict -- an introduction
hat is Conflict?
Conflict as Perception
Conflict as Feeling
Conflict as Actions
hat causes conflict?
Link between Interpersonal Conflicts and Effective Communication
Mediation and Dispute Resolution
The Nature of Conflict -- An introduction:
Conflict is a naturally existing problem in our society and the world as a whole. Conflict exists at all levels and it is so a certain extent quite natural and inevitable. ith a functionalist approach, it can be said that the existence of conflict is somewhat important for the society. It is however an understatement to say that we live amidst conflict. Conflict is present at every level in society and people at every second are reassuring each other as to how they are having a "discussion" instead of a conflict when…… [Read More]
Workplace Conflict and Injustice: Mediation Options
It’s difficult to discuss an employee dispute or issue of recent times without thinking of the #timesup and #metoo movements. While these movements have been most visible in Hollywood, they definitely impact women in every industry and workplace scenario. More and more women are refusing to be silent when it comes to dealing with sexual harassment and related toxic behaviors in the workplace—and they shouldn’t have to be. This paper will examine an instance of employee conflict that occurred not within the entertainment world, but within an adjacent industry—the lifestyle and sports apparel industry, concerning one of the giants in the field—Nike.
The problems at Nike involved inappropriate behavior in the workplace, sexual harassment, and even sexual assault. Women within the company detailed workplace violations such as, “ There were the staff outings that started at restaurants and ended at strip clubs. A supervisor…… [Read More]
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…… [Read More]
A fixed-pie concept of mediation has been largely criticized as being too archaic and too ego-centric to actually provide a resolution which satisfies all involved (Steinel et al., 2000). Instead, more simplistic and more conducive tools can be used to improve mediation and to overcome the impasse. For instance, simply striking a deadline so that all involved have to abide by it can provide the two parties in this case with a greater level of incentive in overcoming the impasse. For the two parties involved in this highly emotional situation, establishing a more useful precedent can also be effective: in this case the precedent might involve the ethical behavior in research in general, and might seek to inspire all involved to negotiate for more livable terms.
Finally, in such a case the mediator can just push for improved communication for all around: this can be done by setting ground rules…… [Read More]
Alternative Dispute esolutions and Their Important ole in Expanding the Judiciary Process for the Public
Alternative dispute resolutions (ADs) can come in a variety of forms, such as arbitration, mediation, case conferencing, neutral evaluation, parenting coordination, summary jury trials, or collaborative family law. Such procedures typically require less formality and occur in a more confidential setting. In such manner, the participants can bypass the court room, save money, and move more rapidly to a settlement without resorting to the process of litigation.
Arbitration is an AD process in which an arbitrator who is a neutral third party hears the arguments from the two disagreeing parties. The two sides may present their arguments and their evidence before the arbitrator, who listens and then determines the outcome. The process is much more informal than a trial. For one, there is no jury, and presenting evidence is not as strict a process as…… [Read More]
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]
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…… [Read More]
It in this manner, therefore, that mediation is preferable.
OLE of MEDIATO in the INDUSTY
Acting as a bridge between the parties, the mediator, arbitrarily, assumes either a purely facilitative role in which he restrains himself from interfering, or serves as an evaluator where he evaluates the nuances of the case and recommends a basis for settlement. However -- and this is where mediation differs from arbitration -- the mediator is limited from mandating a particular outcome which causes the mediation process to manifest itself as inherently non-binding 14.
A creative mediator practices extremely acute listening skills in order to tease out the interests that are most important to each party. To that end, he or she will identify different preferences amongst the parties and design a package where each party receives what it values most and concedes what it values less than the other party.
Focus will be…… [Read More]
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]
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]
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…… [Read More]
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]
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]
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.
Hostess Brands, Inc. was established…… [Read More]
Using Mediation to Achieve Productivity
Anyone who has ever spent time overseeing small children - or business work teams - knows that such groups can function perfectly well for long periods of time - and then collapse for no apparent reason into chaos and disfunctionality. Knowing how - and even more importantly when - to intervene in a usually highly functioning group is one of the most important skills that a consultant can bring to the group intervention process. A consultant both must understand the nature of the process in particular (and so must have what are essentially anthropological skills to allow the consultant to determine how the "natives" think) as well as a general, in some sense idealized sense of how work processes should work in the abstract. Such a knowledge of how work processes can be their most effective allows consultants to diagnose what the problem…… [Read More]
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]
science marches forward, reproductive cloning of humans will likely become a reality. It has already been accomplished with dogs, cats, cows and monkeys. This means that one day a person will be able to have a child with his/her own cells. hat do you think some of the family law issues will be as this form of alternative reproduction becomes a reality?
As soon as Dr. Ian ilmut made a breakthrough announcement that he, and his team, had successfully cloned an adult sheep in 1997, the salience of the controversy about cloning humans and genetic modifications in the human genome virtually erupted (Rose, 1999). It became clear at this point that it was feasibly possible to conduct a range of scientifically assisted reproduction such as human cloning for example. There could also be a mix of genetic information bestowed on a child. For example, family planning could resemble something along…… [Read More]
The 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]
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]
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]
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]
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]
Negotiation: A Required Skill in Leadership
Negotiation as a Leadership Skill
A Required Skill in Leadership
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]
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]
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]
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.
The procedure for filing a discrimination complaint with the EEOC requires that the employee notify the employer of the grievance (EEOC, 2010,…… [Read More]
Collaboration and conflict resolution in education." It was written by James Melamed and John eiman. This particular article is primarily concerned with conflict resolution that occurs within an educational institution. Specifically, such conflict is defined within this article as that which occurs when either a parent of a student or an employee of the educational institution "views the current system or relationship as not working." Such conflicts between parents and educational institution employees are fairly common, and can arise from the slightest incident. The article describes such conflict from two different perspectives. The first is when both of the aforementioned parties communicate directly with one another. The second is when the aforementioned parties seek a mediator to help them reach a resolution. The majority of the article is based on the latter of these scenarios.
One of the most important things about this article is that it accentuates the fact…… [Read More]
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]
egardless of the actual operation being run at a time or the other, iordan Manufacturing respects the regulations instated for all types of activities. We respect the right of our staff members; we respect the rights of the communities in which we operate and we function in full accordance with the national and international stipulations.
We condemn any type of sexual or otherwise discrimination or any type of illegal treatment of the staff members. We have instated internal rules of conduct which clearly state that all our employees are required to obey the legal provisions enforced in their professional operations.
Our governance is based on principles of legal doings, ethics and morality, as well as equal opportunities. In this line of thoughts, we strive to operate in a means that creates more value to our various categories of stakeholders. The principles by which we guide our operations are…… [Read More]
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]
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]
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]
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]
Donna and Kelly
assume employee relations specialist company. The supervisor responsible project advice issue. Members group assigned tasks completing project. Ideally, pieces puzzle smoothly completed. Kelly working overtime ensures piece project completed meet deadlines.
Scenario: Donna and Kelly
In the scenario presented, Kelly does not feel as if her colleague Donna is 'pulling her weight' on a project to which they are mutually assigned. Kelly has not confronted Donna about her anger. Instead, she has quietly allowed her emotions to build as she has grown increasingly frustrated with what she perceives as Donna's lackadaisical attitude about work deadlines. Now, Donna is taking a weekend vacation, leaving Kelly with even more work. In this specific instance, 'ownership' of the problem lies in Kelly's hands. This does not necessarily mean that only Kelly is at fault. However, "for every set of conditions or outcomes, there are some people who are affected adversely…… [Read More]
MEDIATOR & MODERATOR EFFECTS
There are several goals of the article "Testing Moderator and Mediator Effects in Counseling Psychology Research." (Frazier et al., 2004) One of the primary goals of the piece is clear delineation of each term and clear explanation of the differences (and similarities) between the two. Another goal of the authors' research is to reveal to researchers and professionals the potential depth and precision their research could achieve with knowledge and application of mediators and moderators in their studies. ith awareness and tracking of mediators and moderators, researchers can make more precise predictions, compile richer data, and provide more insightful analyses & conclusions after the study.
Interaction effects are not only important for intervention studies, however. There are many other instances in which researchers are interested in whether relations between predictor and outcome variables are stronger for some people than for others. The identification of…… [Read More]
Managers from three different HR departments (from three separate companies) were interviewed concerning the management, job duties and focus of their respective HR departments. A summary of each of their responses is included below.
All three companies look to hire experienced HR personnel and then require them to attend training courses. In addition to outside courses, both the second and the third companies required their HR personnel to attend conferences and in-house sessions as well.
The first company's ROI is determined by calculating the average length of employment and the company turnover rate. The average cost per hire is not calculated by the first or the second company and although the third company does not specifically calculate the average cost per hire they do have a focus on retention due to the cost of hiring new employees.
Each company presented different answers in regards to trends effecting their…… [Read More]