...ADR Clause For Learning Team Charter The Alternative Dispute Resolution (ADR) clause will be used as a last resort. In the event that a dispute cannot be resolved or settled in good faith, the Alternative Dispute Resolution (ADR) clause will be used. The dispute must be in reference to team forum participation, turning in assignments on the due date, group attendance, and disagreements with team members. All disputes that arise within the learning team that cannot be resolved 24 hours after the dispute began will enable ADR to occur. Personality conflicts that arise between team members will not initially be resolved through ADR. Members’ personality conflicts which cause dispute within the learning team and affects productivity and efficiency will facilitate the ADR process. In the event a dispute shall arise between members of a learning team, the members agree to participate in a mediated negotiation with the assistance of a neutral person who will be appointed by the remaining members of the learning team. Each side of the dispute communicates with the mediator to attempt to reach a voluntary agreement. Mediation involves no formal procedures and the mediator does not have the power to render a binding decision or force parties to agree. The team members who are involved in the dispute will not be forced to participate in the mediation process. In the event the dispute is not settled during mediation, an arbitration clause will follow. If the dispute cannot be resolved...
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...ADR Clause for Learning Team Charter Paper Mohammed Hassan, Michael Marzilli, Laura Melberg, DeShawn Rivera, Vanessa Stricklin ETH/321 December 9, 2014 John Koenig ADR Clause for Learning Team Charter Paper The concept of teamwork helps on many levels, in order to get the work done in hopes of building a better business. Finding the best way to handle individual disputes on a personal and business level. The resolution may come in contact with some disagreements. The Alternative Dispute Resolution (ADR) would be something that we would have as a backup. When things are not going very well then this is when we can implement this, so things settle professionally. Courts aren't the only avenues to resolve disputes; ADR are on the horizon of many individuals and businesses to resolve conflicts and disagreements. According to Melvin P. Sean, (2011), the increased numbers of individuals and companies utilizing different means other than courts, such as ADR to resolve disputes is between 20 to 31 percent. Courts procedures are drawn-out and lengthy, and many believe the time spent in courtrooms, could be spent in other productive activities. In addition, courts litigation are publicly exposed which risks leaking out valuable businesses' formulas and information that’s as equally important as any tangible assets. Below is each of these methods, how they function and in what particular circumstances and atmosphere...
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...of the Government of India) (Accredited by NAAC with ‘A’ Grade) ------------------------------------------------- Study of arbitration, dispute resolution and mitigation practices in Indian Infrastructure Sector MBA – Infrastructure Management Batch 2013-15 Semester III Thesis Guide: Dr. Ajit Patwardhan Prepared by: Name | Roll No. | Jasjeet Singh Gill | 2013D02 | Subhashini N. | 2013D17 | Acknowledgement We consider it our privilege to express a few words of gratitude and respect to all those who contributed and wished for the successful completion of our project. We express our deep felt gratitude to Prof. (Dr.) Pratima Sheorey - Director, SCMHRD and college management for providing us with all facilities for making this endeavour possible. We acknowledge with a deep sense of gratitude, the constant help and guidance provided by our thesis guide and faculty Prof. (Dr.) Ajit Patwardhan at all stages of our project work. He has been an eternal source of inspiration and knowledge, without him, this thesis, was impossible. We would like to express our thanks in no less measure to Prof. Vasundhara Sen for her constant help. Our sincere thanks to our friends and all the people who directly or indirectly helped us, without which completing the course of this study would have been difficult. Certificate This is to certify that the project entitled “Study of arbitration, dispute resolution and mitigation practices in Indian Infrastructure Sector”...
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...together with increasing globalization have led to more flexible means of resolving disputes which provide alternatives to court-based litigation governed by the law and procedure of a particular state or country. Disputes are generally an inevitable part of human interaction; they may be domestic, international, civil, commercial or economic in nature. Litigation has been the traditional method of resolving disputes, which may arise as a result of default by a party. Overtime, the process of litigation has become more and more time consuming, expensive and cumbersome and increase in the number of cases in courts have led to congestion and delay in their resolution. Some Disputes are sensitive and confidential in nature and disputants may prefer settlement in private to one in public glare of court. In addition, the complexity of court litigation tends often times towards increase in costs which disputants are naturally anxious to reduce. On the other hand, there may be claims involving small sums, which may not be worth the cost of litigation. All these have led to the development of alternative methods of resolving disputes. 1.2 ALTERNATIVE DISPUTE RESOLUTION METHODS The term “Alternative Dispute Resolution” (ADR), is used generally to describe the methods and procedures used in resolving disputes either as alternatives to the traditional dispute resolution mechanism of the court or in some cases supplementary to such mechanisms. ADR arose...
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...compensable. Homework Assignment 1 1. What clauses excuse the contractor’s failure to perform on time due to an act of God or the public enemy? 52.249-8(c) Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor. 2. What events stated in these clauses, other than acts of God or the public enemy, would excuse a contractor’s failure to perform on time? 2, 3, 6, 7 and 8 3. Do any of the clauses in #1 entitle the contractor to an adjustment in the terms of the contract? If so what type of adjustment? ?? 4. What clauses can the Government use to order a suspension of work or a work stoppage? 52.242-14 and 52.242-15 5. For what types of contracts would each of the clauses in your answer to #4 be used? fixed-price construction or architect-engineer contract is contemplated: As prescribed in 42.1305(c), insert the following clause in solicitations and contracts when a fixed-price...
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...UOI v R. Gandhi/ Madras Bar Association v UOI, (2010) 2 Comp LJ 577 (SC). Author’s Name: Aditi Tambi Registration Number: 11A008 TABLE OF CONTENTS Introduction………………………………………………………………..2 Rule of Law…………………………………………………………………4 Separation of Power……………………………………………………….6 Development of Tribunalisation in India………………………………..8 UOI v R.Gandhi……………………………………………………………....10 * Facts………………………………………………………………....10 * Issues………………………………………………………………...12 * Contentions of Petitioner………………………………………….12 * Contentions of Respondent………………………………………...13 * Provisions of Law in Question……………………………………...13 * Judgment……………………………………………………………...15 Conclusion………………………………………………………..20 INTRODUCTION The author in the in this project will deal with the case for and against the Tribunalisation of company law in India. The following discussion culminates from the Constitutional Bench Judgment of the Supreme Court that upheld the establishment of the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT), in an appeal filed by the Union of India against a Madras High Court judgment. The case in discussion is Union of India v. R. Gandhi / Madras Bar Association v UOI. What was effectively held in the judgment was to uphold the legislative competence of the Parliament to create the NCLT and NCLAT. In the present case, upon recommendations of Eradi Committee, constituted to suggest measures to avoid unnecessary delay in litigation, Parliament...
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...Entitlement vs. performance philosophies Intrinsic vs. extrinsic rewards- Intrinsic rewards may include praise for completing a project or meeting performance objectives. Other psychological and social forms of compensation also reflect intrinsic type of rewards. Extrinsic rewards are tangible and take both monetary and nonmonetary forms. * Role of the HR unit in compensation * Internal equity * External equity * Meet/lag/lead strategies * FLSA * Exempt / nonexempt * 5 categories of exempt employees * Overtime * Training & travel time * Independent contractors * How to classify * Tax implications for employers / employees * Market pricing and pros/cons * Pay grades * Red/green circle employees * Pay adjustments (e.g. seniority) Chapter 12 – Incentives * Variable pay philosophy * How variable pay motivates employees * 3 categories of variable pay * Types of individual incentives * Gainsharing and how different from profit sharing * 3 types of commission pay plans and which is the most common * Examples of performance incentives * Why incentives should be tied to organizational goals * Pros/cons of bonuses vs. merit pay Chapter 13 – Benefits * why employers offer benefits * flexible benefits * adverse selection * employee choice in benefits selection * personal statement of benefits * legally required benefits and discretionary...
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...……………...5 Objective:……………...……………….…….………...……………….…………………………….6 Methodology:…………………………………..………….……………………….………………7 3. Description and Explanation of Contract Clauses:……………………..………………………..……………………..…..11 Definations:………………………………………………………....…………………………………………………………………......11 Section1: Superintendent, CEO and Secretary for the Board:…………………….……............................12 Section2: Term of Employment..………………………………………………….….............................................12 Section3: General terms and Conditions of Employment…..…………...……..………….……………….……..12 Section4:PowerandDuties(Responsibilities)…………………..…………………………..…...….………………...……13 Section5:Evaluation……………………………………………………………………..…..............................................18 Section6:Salary…..…………………………………………………………………….…………………………………………...…...19 Section7: Expenses/Allowances 21 Section8: Professional Schedule 23 Section9: Other Benefits 23 Section10: Professional Organizations/Activities...……………………………………………………………………….27 Section11: Waiver of Credential Status………………………………………………………………..……………………….27 Section12: Medical Examination 28 Section13: Option to Terminate 28 Section14: Arbitration 30 Section15: Savings Clause 32 Section16: Complete Agreement 32 4. Application of all the Legal Principals 33 Section One:Legal System / Common Law 33 Section Two: The Charter of...
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...instructor’s request. Make sure you save your files in accessible location. Academic integrity: All work submitted in each course must be your own original work. This includes all assignments, exams, term papers, and other projects required by your instructor. Knowingly submitting another person’s work as your own, without properly citing the source of the work, is considered plagiarism. This will result in an unsatisfactory grade for the work submitted or for the entire course. It may also result in academic dismissal from the University. | | PM-7000 | Dr. Christopher Barrett | | | Procurement Project Management | Assignment 7 | | | Comments: ------------------------------------------------- ------------------------------------------------- Faculty Use Only ------------------------------------------------- <Faculty comments here> ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- <Faculty Name> <Grade Earned> <Date Graded> Activity Seven: Close-Out Plan Max Boller Procurement Project Management Northcentral University Procurement project...
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...Sunshine State Medical Billing Service Legal Issues in Business BUSI 561-D05 LUO 12/16/2011 This paper explores the legal challenges faced when forming and operating the Sunshine State Medical Billing Service. The legal issues surrounding the business will be analyzed using a business law perspective, as well as a Christian worldview. This legal business plan was prepared by Karri-Marie Baskin, Suzanne Ludikhuize, Renada Manning, Susan Schaeffer, and Dixie Wallace. Executive Summary Sunshine State Medical Billing Service’s physical location is in Tampa, Florida. Because the billing company utilizes the internet, it is able to provide services to many doctor’s offices across the United States. Sunshine State Medical Billing Service selected the Tampa site for several reasons: Low corporate and unemployment taxes, no individual income tax, large hiring base and new business incentive programs. http://www.tampaedc.com/site-selection/business-incentive.aspx; http://money.usnew.com/money/business-economy/small-business/articles/2009/01/06 Sunshine State Medical Billing Service offers the best streamlined billing service via the latest technology in the nation. Our clients are licensed doctors, who choose to use an outside billing company to act as their agent to bill and collect fees due them for services rendered. While there is a growing trend of medical billing services being offered as a home business, our clients can be assured that all of our employees are...
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...High Educ (2009) 58:563–584 DOI 10.1007/s10734-009-9216-y Groupwork as a form of assessment: common problems and recommended solutions W. Martin Davies Published online: 20 March 2009 Ó Springer Science+Business Media B.V. 2009 Abstract This paper reviews some of the literature on the use of groupwork as a form of assessment in tertiary institutions. It outlines the considerable advantages of groupwork but also its systemic associated problems. In discussing the problems, the paper considers issues such as ‘‘free riding’’ and the ‘‘sucker effect’’, issues associated with ethnic mix in groups, and the social dilemma problem—in which students face conflicting demands between altruism and self-interest. The paper then outlines several models of effective groupwork and makes suggestions for implementing groupwork tasks. The paper also looks at the key assessment tasks which are commonly employed—namely, additive, conjunctive, disjunctive and discretionary tasks—and assesses which are most suited to groupwork. The paper considers the related issues of task complexity, recognition for effort, and strategies for minimising issues concerning group size. The paper also briefly considers strategies for implementing incentives for groupwork members, and outlines the issue of penalties for unproductive group members. The paper concludes by providing recommendations for how to maximise the advantages of groupwork while trying to minimise the disadvantages. Keywords ...
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...operations The law provides guidelines and standards in which all businesses must operate. This protects the business from crumpling as much as protecting the consumers. For examples there are laws that require the business to comply with international practices. For example the companies must declare their business deals with the international partners. The government needs to find out if the partnership is in the interest of the investor. Another example of this relates to the need of all business in the country to get registered. In registering businesses certain details are required. This ensures that all businesses operating in the country are known. If other business people get into business deals with that organization in case of disputes the courts can use the legal procedures to deal with such organizations. Employment laws Employment laws describe the working relationships among business and the employees. The employees must not be exploited by the businesses. It stipulates fair...
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... ii. Workplace safety iii. Manufacturing, distributing & marketing of products iv. Financing v. Accounting & ethics and vi. Many other areas as well 6. You are the owner of a company called Compudata – a computer software & systems company. You receive an inquiry from BMI, Inc. regarding your company’s various services. a. What are some of the legal issues you need to consider? i. How do we enter into a contract Contracts ii. What happens if BMI breaches Remedies iii. How do we protect our product IP iv. Are we dealing with the right person Agency v. What happens if we have a dispute Litigation vi. What happens if our products hurts someone Product Liability vii. Does making our product impact the environment Environmental Law...
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...Conflict Management | Case: Bharat Petroleum Corporation Limited | The case attempts to examine a conflict that took place between the Union and Management at Bharat Petroleum Corporation Limited in 1999. We have tried to understand the conflict and analyze the ‘conflict resolution’ methodology that was adopted in this scenario. | Background of the organization BPCL (Bharat Petroleum Corporation Limited) was originally formed as Burma Shell Company, which was then nationalized by legislation passed by Indian Parliament in the year 1976. Since then it has grown to be one of the most successful public sector undertakings in the country and has been awarded “Navratna” status. As a result of its status, the management of the organization has certain freedom to implement decisions without involvement of the concerned ministry. Today BPCL operates across India in various locations and produces a variety of petrochemical products such as petrol, diesel, kerosene, lubricants etc. About the union The history of unions in the company is as old as 1954. Currently there are about 15 unions in BPCL. The majority union in the western region is the Petroleum Employees Union. This union is affiliated to INTUC and it was established by Mr. Raja Kulkarni. The present general secretary of the union is Mr. Satishkumar P. M. Nair, who is one of the veterans in the union and has been serving as the union leader for about 24 years, first 2 years as Vice President and next...
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...AGRICULTURAL LAW AEC304 CONVENOR – Felix Odimmasi OBJECTIVES OF THE COURSE The course is intended to help the student to explore the legal environment of Agricultural Law by providing a comprehensive survey of the development and regulation of legislation and doctrines which affect the development of Agriculture as a distinct driver of the economy in Kenya. CONDUCT OF THE COURSE The course shall consist of both coursework and examination. The coursework will be in the form of a researched seminar presentation, a term paper and a continuous assessment test each constituting 10% of the final mark, thus a total of 30% of the total mark. The exam will constitute the remaining 70%. COURSE CONTENT | |TOPIC |WEEK |COMMENT | |1 |Nature and sources of Kenyan Law | | | | |Definition and Classification of Law | | | | |Sources of Law | | | | |Law making processes | | | | |Administration of the Law ...
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