Mediation Essays (Examples)

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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)

This increases communication and….


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….

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….

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.
Cost Reduction

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 & Informality

Other….

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.

eferences

Boettger, U. (2004). Efficiency vs. party empowerment: Against a good faith requirement in mandatory mediation. eview of Litigation, 23(1),….

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 get….

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….


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 overcome….

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, 2004,….

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.
Application:

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 programs.….


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 will….


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 of flawless mediating.….

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 the authority to….

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. At….

Mediation in Ethics
PAGES 2 WORDS 556

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….

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3 Pages
Essay

Business - Law

Mediation and Arbitration How Do

Words: 803
Length: 3 Pages
Type: Essay

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…

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5 Pages
Professional Writing

Business - Law

Mediation Scenario Describe and Analyze

Words: 1593
Length: 5 Pages
Type: Professional Writing

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…

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3 Pages
Case Study

Business - Law

Mediation and Arbitration in Healthcare

Words: 913
Length: 3 Pages
Type: Case Study

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…

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8 Pages
Term Paper

Business - Law

Mediation a Process in Which

Words: 2407
Length: 8 Pages
Type: Term Paper

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…

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5 Pages
Term Paper

Business - Law

Mediation Law and North Carolina

Words: 1749
Length: 5 Pages
Type: Term Paper

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…

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8 Pages
Research Proposal

Business

Mediation Online Dispute Resolution Online

Words: 2512
Length: 8 Pages
Type: Research Proposal

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…

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3 Pages
Term Paper

Business - Law

Mediation and Arbitration and Mediation

Words: 923
Length: 3 Pages
Type: Term Paper

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…

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7 Pages
Book Report

Psychology

Mediation Over the Centuries Various

Words: 2519
Length: 7 Pages
Type: Book Report

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…

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5 Pages
Term Paper

Careers

Mediation Conflict Resolution and Arbitration

Words: 1450
Length: 5 Pages
Type: Term Paper

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…

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2 Pages
Term Paper

Criminal Justice

Mediation Theory and Practice Umbreit

Words: 607
Length: 2 Pages
Type: Term Paper

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…

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7 Pages
Book Report

Literature

Mediation Getting it Done by

Words: 2114
Length: 7 Pages
Type: Book Report

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…

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10 Pages
Term Paper

Family and Marriage

Mediation Services and Church

Words: 2679
Length: 10 Pages
Type: Term Paper

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…

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4 Pages
Term Paper

Business - Law

Mediation and Alternative Dispute Resolution

Words: 1095
Length: 4 Pages
Type: Term Paper

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…

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3 Pages
Essay

Business - Law

Mediation or Any Other Alternative

Words: 1283
Length: 3 Pages
Type: Essay

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…

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2 Pages
Essay

Business - Management

Mediation in Ethics

Words: 556
Length: 2 Pages
Type: Essay

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…

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