...Arbitration For a dispute to be resolved through arbitration it is necessary that the two parties had agreed and had a clause on arbitration as the dispute resolution procedure at the time of getting in to the contract. Disputes arising from the contract will be referred to the arbitrators. It is a dispute resolution process where the opposing parties select or appoint an individual called an Arbitrator or a panel of arbitrators. Usually one arbitrator is appointed from each party and the two arbitrators appointed will select the third arbitrator to act as the chairman of the panel. Upon appointment, the Arbitrators will arrange the process to hear and consider the evidence, review arguments and afterwards will publish an award in which the items of dispute are decided. Legislation governing arbitration in Sri Lanka is the Arbitration act of 1995. Main highlights of this act include Safeguarding party autonomy with regard to arbitration procedure, eliminate interference of courts, possibility to exclude appeals to supreme court, provision for enforcement of foreign arbitration award. Advantages of arbitration includes less cost compared to litigation, non disclosure of company information as it is privately held and flexibility. But the companies are bound to accept the decision of the arbitrator and it will create a win lose situation. Arbitration is today most commonly used for the resolution of commercial disputes. It is also widely used in international commercial transactions...
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...if Jack refuses to go? If so, under what circumstances will the court do so? Answer- Jill can ask the court to order the parties to mediation if Jack refuses to go under the FL Statue 44.102 (2) (a) Must, upon request of one party, refer to mediation any filed civil action for monetary damages, provided the requesting party is willing and able to pay the costs of the mediation or the costs can be equitably divided between the parties, unless: 1. The action is a landlord and tenant dispute that does not include a claim for personal injury. 2. The action is filed for the purpose of collecting a debt. 3. The action is a claim of medical malpractice. 4. The action is governed by the Florida Small Claims Rules. 5. The court determines that the action is proper for referral to nonbinding arbitration under this chapter. 6. The parties have agreed to binding arbitration. 7. The parties have agreed to an expedited trial pursuant to s. 45.075. 8. The parties have agreed to voluntary trial resolution pursuant to s. 44.104. 2) Who can serve as the mediator (what are the qualifications) if the court directs the mediation? Answer – In the state of Florida No state requirements for the practice of mediation. Parties may choose any mediator, subject to the approval of the judge. The State Supreme...
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...Alternative Dispute ResolutionAlternative Dispute Resolution (ADR) is an increasingly popular option that allows people to resolve disputes outside of court in a cooperative manner. ADR can be faster, cheaper and less stressful than going to court. Most important, the use of ADR can provide greater satisfaction with the way disputes are resolved. The writer will discuss how ADR clause can be use in the learning team. The learning team is an effective tool used at the University of Phoenix to help students achieve academic success. The writer is an alumni student and has had much experience with working with students in the learning team environment. Some experiences have been quite satisfying and a few have been horrifying. The main dilemma in many of the learning teams was how to manage conflict resolution effectually amongst the members when problems could not be agreed upon. Such potential conflicts that might arise among or between team members were disagreements over the appropriate steps acquired to complete the assignment or lack of contribution and participation from individual team members. One type of alternative dispute resolution that was used in my prior learning teams was mediation which was very useful and another method is medarb which will be later discussed by the writer. The writer designed an ADR clause that can be used in any course. The clause states: Each student is to abide by the student code of conduct implemented by the University of Phoenix. Each...
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...Course: Alternative Dispute Resolution: PLG-111-1502 Assignment: Assignment 3 (based on classes 9 and 10) Question 1: Can she ask the court to order the parties to mediation if Jack refuses to go? If so, under what circumstances will the court do so? Yes, Jill can ask the court to order the parties to mediation. Florida Rule 1.700 states the following: UNDER RULE 1.700. RULES COMMON TO MEDIATION AND ARBITRATION (a) Referral by Presiding Judge or by Stipulation. Except as hereinafter provided or as otherwise prohibited by law, the presiding judge may enter an order referring all or any part of a contested civil matter to mediation or arbitration. The parties to any contested civil matter may file a written stipulation to mediate or arbitrate any issue between them at any time. Such stipulation shall be incorporated into the order of referral. Question 2: Who can serve as the mediator (what are the qualifications) if the court directs the mediation? UNDER RULE 10.100 PART I. MEDIATOR QUALIFICATIONS states the following: (1) complete a minimum of 20 hours in a training program certified by the supreme court; (2) observe a minimum of 4 county court mediation conferences conducted by a court-certified mediator and conduct 4 county court mediation conferences under the supervision and observation of a court-certified mediator; and (3) be of good moral character. UNDER RULE 1.720. MEDIATION PROCEDURES states the following: (j) Appointment of...
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...Alternate Dispute Resolution Mechanism The Concept & its efficacy: “It is the spirit and not the form of law that keeps the justice alive.” LJ Earl Warren The concept of Conflict Management through Alternative Dispute Resolution (ADR) has introduced a new mechanism of dispute resolution that is non adversarial. A dispute is basically ‘lis inter partes’ and the justice dispensation system in India has found an alternative to Adversarial litigation in the form of ADR Mechanism. New methods of dispute resolution such as ADR facilitate parties to deal with the underlying issues in dispute in a more cost-effective manner and with increased efficacy. In addition, these processes have the advantage of providing parties with the opportunity to reduce hostility, regain a sense of control, gain acceptance of the outcome, resolve conflict in a peaceful manner, and achieve a greater sense of justice in each individual case. The resolution of disputes takes place usually in private and is more viable, economic, and efficient. ADR is generally classified into at least four types: negotiation, mediation, collaborative law, and arbitration. (Sometimes a fifth type, conciliation, is included as well, but for present purposes it can be regarded as a form of mediation Need of ADR in India: The system of dispensing justice in India has come under great stress for several reasons mainly because of the huge pendency of cases in courts. In India, the number of cases filed in the courts...
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...Alternate Dispute Resolution Clause University of Phoenix developed learning team to help individuals work together as a collaborated unit to gain intellectual advantages. However, when individuals come together to implement and complete tasks and objectives, occasionally, problems and issues could arise. For instance, if the team develops a binding learning team charter, which each team member must agree to the charter’s terms and is responsible for completing his or her part of a task or assignment within a certain timeframe for the team’s editor to compile each member’s part into a single paper or presentation. When any team member fails to uphold his or her ability to complete the assignment, an alternative dispute resolution (ADR) must come into action. The ADR enables team members to implement the process of using mediation process with a mediator, who listens to both sides of the issue, and makes a fair decision based on the binding information in the learning team charter (Jennings, 2006). However, the charter is binding, in which an arbitrator has the deciding factor or binding in a way that each member must agree on the outcome in the mediation process. If a team member do not post his or her assignments when designated, or if do not complete the assignment in any case, the team will vote on a resolution to solve the problem with an appropriate course of action. Whereby, which person’s name possibly removed from the assignment with no credit on the assignment...
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...Alternative Dispute Resolution for Learning Team Charter Working in an online learning team will always be challenging even in the best of circumstances; there are time zone differences, different styles of communication, and issues with intent versus perception. A team will use a thorough and well written learning team charter to mitigate misunderstandings and to outline expectations for each team member. This charter includes team ground rules, expectations for time management/involvement, and ensuring fair contribution. Even with such a charter in place, there may be disagreements that need further resolution. Many situations previously handled through traditional litigation are dealt with through Alternative Dispute Resolution. When applied effectively, the Alternative Dispute Resolution is proving to be a useful tool that can reduce time spent in the resolution process can produce creative alternative solutions and can push team members through an impasse. This alternative dispute resolution clause offers the team an additional way to resolve differences. Disregarding the team charter is grounds for a formal disagreement or dispute that needs resolving. The alternative dispute resolution clause will come into effect when a disagreement or dispute continues for more than 24 hours and cannot find a common answer as per regular course of action within the charter. When such an argument or dispute occurs the team shall consult with each other through the learning...
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...Alternate Dispute Resolution Johnny B. Good LAW/531 April 9, 2012 Professor Alternative Dispute Resolution ("ADR") refers to any means of settling disputes outside of the courtroom. ADR typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration. As burgeoning court queues, rising costs of litigation, and time delays continue to plague litigants, more states have begun experimenting with ADR programs. Some of these programs are voluntary; others are mandatory. While the two most common forms of ADR are arbitration and mediation, negotiation is almost always attempted first to resolve a dispute. It is the preeminent mode of dispute resolution. Negotiation allows the parties to meet in order to settle a dispute. The main advantage of this form of dispute settlement is that it allows the parties themselves to control the process and the solution. Mediation is also an informal alternative to litigation. Mediators are individuals trained in negotiations, who bring opposing parties together and attempt to work out a settlement or agreement that both parties accept or reject. Mediation is used for a wide gamut of case-types ranging from juvenile felonies to federal government negotiations with Native American Indian tribes. Mediation has also become a significant method for resolving disputes between investors and their stock brokers. Arbitration is a simplified version of a trial involving limited discovery and simplified rules of...
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...Clausula de Resolución Alternativa de Disputas University of Phoenix LAW/531 7 de Julio de 2010 Clausula de Resolución Alternativa de Disputas Como en toda organización o sociedad siempre surgen desacuerdos que puedan afectar el desempeño en un equipo de trabajo en este caso el Learning Team. Para manejar dichos desacuerdos utilizaremos el método de clausula de resolución alternativa el cual intenta evitar llegar a un pleito judicial (Cheeseman, 2010). Comenzamos identificando los desacuerdos o conflictos que pueden surgir entre los miembros del equipo tales como: No cumplir con las fechas de entrega de los trabajos asignados, pobre preparación en temas asignados y cancelación o cambio de fecha de reuniones del equipo. Luego de evaluar y discutir con los miembros del grupo cada uno de estas posibles disputas acordamos utilizar la negociación. En los primeros dos casos acordamos establecer como regla fecha límite de tres días antes de entregar un trabajo para someter a revisión a todo los miembros del grupo el material asignado para hacer las recomendaciones y correcciones necesarias al día siguiente para la aprobación final del grupo. En el tercer caso un miembro del equipo asignado consultara a cada uno de sus miembros para establecer la nueva fecha de reunión donde la mayoría tendrá la decisión final. En caso de cancelaciones de último momento el miembro asignado deberá notificar con cuatro horas de anticipación a cada uno de los miembros para establecer...
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...civil litigation. It involves legal processes and the court in order to resolve disputes between two parties, who are seeking equitable and legal remedy. The process is quite structured and the plaintiff, who claims to have suffered a loss as a result of the actions of the defendant, must provide an argument that is based on facts or findings. The defendant must be prepared to give an answer or response to the plaintiff’s complaint. It can be divided into seven stages to included investigation, pleadings, discovery, pre-trial, trial, settlement and appeal. Both parties are represented by attorneys and the case is decided by a judge or jury, and if each party feels the court’s decision is in error, then one can appeal the decision, to be tried in a higher court of law. Although most trials are settled outside of courts and not all trials go through every stage, litigation can become expensive and complicated with increased party involvement. Because lawsuits can take several months to years before it even goals to trial, alternate dispute resolution (ADR) methods are other ways of remedying conflict, and could save companies money. Both are effective, however, choosing the best method to resolve a conflict should depend on the nature of the conflict. Some of the things that can affect companies and should be considered in deciding whether to litigate or use an alternate dispute resolution are: 1) knowing a particular state’s ADR laws, local court rules and the company’s...
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...American Pest Control, Inc., ET AL. is a case from the Circuit Court of Fairfax County Virginia which was brought about by a homeowner Alvin and Gwendolyn Kaltman with a complaint against a pest control company All American Pest Control. In this paper you will learn what actions an agent of All American Pest Control did that lead to this lawsuit. What All American Pest Control management could have done to prevent this lawsuit. The ethical considerations reflected in the laws applicable to this case. Discuss which sources of law would be most relevant in this case and how All American Pest Control management could leverage knowledge of those sources to prevent similar instances in the future. Then provide recommendation of alternate resolutions that could have been pursued. " In 1996, the Kaltmans hired All American Pest Control, Inc. (“AAPC”) to treat and prevent pest infestation at their home on a quarterly basis. On October 23, 2006, All American Pest Control employee Patric J. Harrison performed the Kaltmans’ quarterly pest control treatment. At the time, Harrison was not a licensed pesticide technician in the Commonwealth of Virginia. Three days before treating the Kaltmans’ home, Harrison treated a commercial establishment with Orthene pesticide. After applying Orthene at that business, Harrison “failed to thoroughly clean his pesticide application equipment.” As a result, Harrison applied “Orthene dilution as a fan spray” to the baseboards and adjoining floor...
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...possibility of some sort of dispute is nearly impossible to avoid. Whether these disputes are internal between employees or between employees and a business, or externally between a business and other individuals or business, it is important to look at the different options available for dispute resolution. How disputes are handled can have a large impact on future business operations and potentially the survival of a business. Two ways to handle disputes are through traditional litigation or through alternate dispute resolutions. Litigation can be a long and expensive process. According to Cheeseman (2010), litigation consists of pretrial litigation, which includes pleadings, discovery, possible dismissals, pretrial judgments, and settlement conferences. If during this process, there is no settlement, the trial and possible appeal follow. This process can take months, if not years to resolve. According to the author, the process can “take years and cost thousands, or even millions, of dollars in legal fees and expenses” (Cheeseman, 2010, p. 35). Along with the financial implications of a lawsuit, the damage to the businesses reputation and “disruption to normal business operations” is a possibility (Cheeseman, 2010). Another option for businesses is alternate dispute resolution, or ADR. ADR offers businesses various ways to resolve disputes through different more cost-effective means. These alternatives to the litigation process allow businesses to resolve disputes through the following:...
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...makes it to the courtroom because they are solved outside the through alternative dispute resolution, ADR. Understanding how a ADR works and the process of going through the courts are valuable to know and something that anyone in a corporate business setting should have some insight on in case of an incident may arise within your business. Legal Phases Initiating a lawsuit, the plaintiff must prepare a petitionand take this form for to the Clerk of Courts for filing. Once this is done you have to give legal notice to the person or company you are suingthat you have filed a lawsuit against them. This person is better known as the defendant. He defendant may or may not file a response to the lawsuit, which is called an answer or counter claim with the court clerk. The plaintiff has moved on to the discovery process where to get information from the other side of the lawsuit by interrogatories or a disclosure. Another way for the plaintiff and defendant get information is by an oral or written disposition where they have witness question under oath and the answers are recorded. “At the time of trial, each party usually submits to the judge a trial brief that contains legal support for its side of the case” (Cheeseman, 2013,pg.48, para.1). Non-traditional Forms of Alternative Dispute Resolution Sometimes, your case may end before you even go to trial. “ADR” stands for Alternative Dispute Resolution, which...
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...Traditional and Non-Traditional Litigation LAW/531 May 21st 2012 Traditional and Non-Traditional Litigation Traditional and nontraditional are two sides of a coin as the main purpose of both is to reach at a resolution; however the strategies, and procedures adopted by them are different. Many cases nowadays do not reach the trial stage hence it is very crucial to understand the alternate methods of dispute resolution (ADR) just as the traditional litigation system is popular. Comparison- Traditional and Non-Traditional Litigation. Litigation is defined “as the process of bringing, maintaining and defending a law suit”. (Cheeseman, 2010). In a traditional litigation system the decision of the disputes are decided by a judge or jury whereas in a nontraditional litigation system or ADR the decision of the dispute rests in the hands of third party, who assists the disputing parties to come to a decision. In ADRs, depending on the method used, the third parties can be arbitrators, mediators, judicial referees, conciliators. (Cheeseman,2010). Hence, in both forms of litigation, there always a third party making the final decision. Plaintiffs and defendants usually can be used by attorneys in both litigation forms; however ,this is not always necessary. Contrast between Traditional and Non-Traditional Litigation...
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...Tyson provides products and services to customers through out the United States and more than 90 countries. The company has approximately 1150 team members employed at more than 400 facilities and offices in the United States and around the world (Tyson Foods.com). In a local lawsuit I will summarize the actions that lead to the lawsuit. Discuss what management could have done to prevent the events that lead to the lawsuit and the ethical consideration reflected in the law applicable to this case. Determine which source of law would be most relevant in this case and how management could have leverage knowledge of the sources to prevent similar instance in the future. Finally recommend what management might be able to do to pursue alternate resolutions outside of court. Summarize the actions that lead to the lawsuit. Owning a business almost guarantee that you will be in civic court at some point. You may be forced to file a business lawsuit against a customer who refuse to pay an invoice, or against another company that may be using your logo or product name without permission. A business lawsuit must comply with specific procedures to have your side of the case heard. Many business owners hire lawyers to help protect their interest and navigate the legal process (msbusiness.com). Meat packing and food processing workers wear specialized protective...
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