...This paper will provide information upon an article one of the many recent disputes that made local papers. The dispute arose between a policy holder and Allstate insurance claims department about the claims process stated in the contact between the two. In addition, provide information on the court process of criminal and civil cases and the possibility of many different verdicts including one from a criminal court stand point. In July 1997, Geneva Hager, an Allstate policyholder was involved in a rear end auto accident resulting in neck and back injuries. The claimant’s auto insurance paid out to Allstate and Ms Hager, his policy limit of 25,000 for body injury. Therefore in December 1999, her claim was closed with Allstate and her injuries had been compensated as from Allstate’s point of view. However, Ms Hager disagreed, she retain an attorney and filed a lawsuit against Allstate stating that they did not handle her claim in bad faith per the insurance contract. She proclaimed the claim process was prolonged in order to make her accept a low settlement for her body injuries. Ms Hager and her attorney demanded 475 million dollars for mental anguish and 950 million in punitive damages to be paid out (Orbitz, 2007). Ms Hager’s attorney gathered information about Allstate policy contract also with some replicas of their claims handling manuals to build their case. Allstate did the same by reviewing Ms Hager‘s claim and several similar ones to ensure the claim handling process...
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...QUESTIONS AND ANSWERS ON IDEA PART B DISPUTE RESOLUTION PROCEDURES Revised July 2013 Regulations for Part B of the Individuals with Disabilities Education Act (IDEA) were published in the Federal Register on August 14, 2006, and became effective on October 13, 2006. Supplemental IDEA regulations were published on December 1, 2008, and became effective on December 31, 2008. Since publication of the regulations, the Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education (Department) has received requests for clarification of some of these regulations. This is one of a series of question and answer (Q&A) documents prepared by OSERS to address some of the most important issues raised by requests for clarification on a variety of high-interest topics. Each Q&A document will be updated to add new questions and answers as other important issues arise or to amend existing questions and answers as needed. OSERS issues this Q&A document to provide parents, parent training and information centers, school personnel, State educational agencies (SEAs), local educational agencies (LEAs), advocacy organizations, and other interested parties with information to facilitate appropriate implementation of the IDEA dispute resolution procedures, including mediation, State complaint procedures, and due process complaint and due process hearing procedures. This Q&A document represents the Department’s current thinking on these topics. It does...
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...Alternative Dispute Resolution Analysis Paper University Of Phoenix LAW / 531 Date: 10/05/2015 MEMORANDUM. TO: Singh and Jessica FROM: Karandeep Singh RE: Disagreement concerning Singh and Jessica in the corporation of an outfitting store. DATE: 10/03/2015. FACTS: Singh and Jessica are trade partners of an outfit and merchandising store, and they entered into a formal contract. Jessica had to reduce her working day to take care for her newborn therefore reacting to her decision Singh hired a well-educated employee and reduced Jessica’s turnover without even informing her. In obstruction, Jessica sealed the corporation account with Singh, and she opened a different sole signatory account for her. I think the particular instance can cause a State Tribunal though the legal phase for the case will originate with small claims court. If Singh and Jessica will not able to do a settlement in small claims court, then the case can proceed to the states appeals court and can lead all the way to Supreme Court. Although, most claim filed in small claims courts come to a settlement, but it is difficult to solve the issues in the court system in order to decrease the cost and a long trial mediation and most commonly responsive solutions for parties. I am listing the few available options solving disputes between business partners, shareholders of business entities, and managing members. Litigation Litigation is the process...
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...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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...Dispute resolution strategies Name Institution Abstract The paper is about dispute resolution strategies. It identifies three strategies and discusses them in details. Specifically, the paper entails an elaborate discussion on mediation, negotiation and compromise as conflict resolution strategies. Mediation and negotiation are alternative dispute resolution ADR strategies while compromise is an incorporation of litigation and can also be part of ADR. The three strategies are applicable for organizational and other types of conflicts. Apart from proposals off the potential applications of the methods, the paper also presents a comparison between the three methods and the legal systems of resolving conflict. In addition, it discusses in brief the processes, benefits and the limitations of the processes. Mediation Mediation entails a due process that involves a neutral third party, a mediator, in conflict resolution. The mediator is never judgmental nor partisan during the process. The mediator never decides any wrongdoers but focus on the problem-solving process. Mediation allows for the revision and adjustment of the conflict scope. Agreements after mediation are readily acceptable than those from a judicial ruling because all participants are involved in reaching a compromise. Mediation is informal and involves a mediator that guides the process. The mediator engages the disputants to drop hostilities and come to a mutual agreement. In fact...
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...disability, or veteran status. The first step is mediation and it is the employee’s obligation to make an appointment to talk to the employee’s immediate supervisor within two weeks of the confrontation. The steps taken when meeting with the supervisor is: 1. State the issue in an accurate written statement. 2. Have witnesses to the facts or a written statement. 3. Take notes of the conversation. The role of the supervisor during the appointment is to: 1. Listen to the employee’s explanation of the issue 2. Document details as provided by the employee and yourself (the supervisor). When the appointment is over the supervisor is to interview witnesses who were involved or had seen the dispute occur, document the information provided by the witnesses, and make a decision in writing on the dispute to the staff employee and make a hand delivery to the Human Resources within five working days. The second step is if the grievance isn’t fixed by direct communication of the employee and the supervisor then the employee must contact the Human Resources Employee Relations Representative. A form to fill out by the Human Resources will be given to the employee to fill out within five working days after the meeting with the supervisor. In that form questions will be asked about the issue that occurred and how the employee thinks the issue should be resolved. After this the Human Resources will hand deliver the form to the appropriate supervisor. After the...
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...Alternative Dispute Resolution As corporation continues to develop and expand, the need for conflict resolution will enhance. Conflict occurs from differences within team members. Different values, attitudes, beliefs are all factors in conflict in a group setting. Creating methods of resolving conflict resolution is critical in the success of any team-oriented organization. Conflicts begin from several sources within a group setting, structural, communication, and personal factors. This document will elaborate on how mediation will provide resolution to conflict management on these sources. An operational structure is ideal in team activities but unfortunately some orginazation create group project without careful consideration. These can potentially cause conflict within a group. Structural problems such as the size of group, level of participation and rewards is a few factors in structural problems. If resolution cannot be resolve within group, then mediation process is activated. Prior to mediation process, teams members will agree to let the mediator determine the solution. The mediator will be the professor or someone who has a neutral claim in the dispute. Information from both parties is presented to the mediator; he or she will listen to both parties and negotiate on a reasonable solution to the problem. Communication and personal factors are detrimental within a learning team. Team members with poor listening skills, different interpretation and perception in what...
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...achieve the team’s objectives. However, conflicts may arise that cannot be settled among the team members alone, and in this case an Alternative Dispute Resolution is an effective way of resolving disputes among the group. Alternative Dispute Resolutions are typically used among individuals as a way of resolving disputes in order to avoid the lengthy and costly use of the court system. “The most common form of ADR is arbitration; other forms of ADR are negotiation, mediation, conciliation, mini-trial, fact-finding, and using judicial referee” (Cheeseman 2010, p. 43). In a learning team setting, one form of ADR that can be used for dispute resolution is Mediation. The purpose of this paper will be to prepare an alternative dispute resolution that can be used by a learning team to resolve disagreements, define which disputes are subject to ADR, and identify all provisions and information necessary to enable the ADR to function effectively. Alternative Dispute Resolution: Mediation Clause If disputes arise out of the following: A team member does not participate in team assignments and or, meetings; does not submit individual portions of team assignments as expected; exhibits behavior that is offensive to team members; or if the team has an internal conflict that cannot be resolved by negotiation within 24 hours after the dispute, the ADR will be initiated and will be subject to mediation if all parties agree. If the team members agree to mediation, the mediation proceedings...
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...Alternative Dispute Resolutions: Arbitration Clause Saundra Stewart Kaplan University LS311-01: Business Law 1 Professor James Starcher May 1, 2012 Disputes, disagreements, differing opinions, and arguments, what do they all have in common? They all involve two persons or groups that have different ideas that are in conflict with the other. When these differences arise we as a civilized society usually are able to work out some solution that may work to the benefit of both parties. This process of resolving these conflicts is called Dispute Resolution. There are three basic categories of Dispute Resolution that are often used: 1) Negotiation; 2) Mediation; And 3) Arbitration. Negotiation is the process where the two parties will sit down with each other and usually reach an amiable agreement to resolve the differences. Mediation occurs when both parties agree to sit down with a 3rd party that is neutral. The main purpose of the 3rd party is to emphasize the commonalities that the parties have. Mediation is also less adversarial than the court room. The 3rd party can make a proposal but that proposal is not binding on either party. Arbitration is perhaps the most formal of the Alternative Dispute Resolutions that is used. In this method both parties will present their case to either and individual or panel of experts who will then make a decision and impose that decision on both parties. This is called Binding Arbitration. Not all Arbitration is binding but that is a matter...
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...Alternative Dispute Resolution Jorge E. Martín-González University of Phoenix Business Law, LAW/531PR July 07, 2010 Lcda. Lirio Bernal Sanchez Alternative Dispute Resolution ADR is a document known for creating a set resolution to a dispute within a group of people. Used commonly within business negotiations to save time and money (Pearson Education, Inc., 2010); we will apply the principles of ADR to our Learning Team Group. ADR Proposal Disputes For this proposal we will focus on one type of dispute: The dispute between two people within our Learning Team. We will focus on this argument so that we can structure our proposal and amend our Team Charter. Three Step Process The first step to solving our disputes will be through negotiation. The dispute being between two people in our group, the first step will be: Negotiate before the next group meeting. If the dispute is still unresolved then we will move to the next step. The second step will combine negotiation and mediation. We will: Rely on the team leader to be the mediator for the dispute between the two team members, so that they can negotiate their dispute. If the team leader is one with the dispute, then we will rely on the next appointed leader to mediate the situation. If there is no progress with the dispute, the third step will follow. The third and final step is through mediation or arbitration. This step dictates that: The leader of the group will take the dispute to the...
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...Alternative Dispute Resolution Sebrena Brown Law/531 March 07, 2011 Phillip Quintana, JD Alternative dispute resolution (ADR ) refers to those methods that are applied to resolve disputes without having to go through the court process . It is favored by litigants seeking expedited results at cheaper cost . Depending on the agreement , the rulings or judgments that arise out of these alternative methods can either be binding or non binding on the parties involved . Using mediation and arbitration to resolve disputes , it is important that the parties to the process understand how the methods are applied in reaching a solution . In arbitration , the parties engage a neutral third party to hear and decide their dispute based on the material facts of the case . In mediation , the parties will again involve a neutral third party who will listen to the arguments from both sides and attempt to help them come to a mutually acceptable conclusion . The aspect of the decision being binding or not should be decided before the case is determined . The clause outlined below will apply to cases being resolved through arbitration and mediation . The parties to the dispute should arrive at a decision to adopt the above methods prior to filing their cases in a court of law or if during the continuance of their case ask leave of the court to temporarily withdraw the case to see if it can be determined by ADR . All pertinent information to the dispute should...
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...Working in teams can be easy or difficult. If the rules and instructions are clearly outlined, the team will have high performance and the leader will not need to get involved. An Alternative Dispute Resolution (ADR) clause is the most efficient way to resolve a dispute. According to Jennings (2006), alternative dispute resolution (ADR) offers parties alternative means of resolving their differences outside actual courtroom litigation and the costly aspects of preparation for it. An ADR clause can also be used by a learning team to resolve disagreements among members. I will outline an ADR in the clause, define disputes subject to ADR and identify provisions necessary to enable ADR to occur in a learning team. Dispute Resolution. Should the following disputes arise within the learning team (team member fails to submit an assignment or individual portion of an assignment by the predetermined deadline date, team member is not participating in group discussions, team member made offensive comments to other members and/or team member(s) have an internal conflict) that cannot be resolved 24 hours after the dispute began will enable ADR to occur. In the event a dispute shall arise between members of the learning team, the members agree to participate in a mediated negotiation with the professor of the course. Mediation will involve all learning team members and course professor. Mediation will not be formal and due to time constraints, various locations of members and online course...
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...Alternative Dispute Resolution (ADR) Clause University Of Phoenix LAW-531PR Business Law Alternative Dispute Resolution Clause When working in team conflicts are inevitable but determine how to resolve them is vital. The Alternative Dispute Resolution Clause (ADR) is an alternative to solve internal conflicts in an organization, avoiding going to court, thus resulting in savings of money and time to the organization. We will work on this occasion the ADR based on student teamwork. We will determine the possible scenarios of conflict and provisions to work them. In commercial litigation, the normal business operations of the parties are often disrupted. To avoid or reduce these problems, businesses are increasingly turning to methods of alternative dispute resolution (ADR) and other aids to resolving disputes. The most common form of ADR is arbitration. Other forms of ADR are negotiation, mediation, conciliation, mini-trial, fact-finding, and using a judicial referee (Cheeseman, 2010). The controversies can arise as a result of the following factors: team members do not attend meetings (absenteeism), non participation in team discussions, not presenting a task deadline, disrespectful and unethical behavior such as plagiarism, comment offensive, inappropriate language and lack of respect for diversity team. The team will determine a prudent time to resolve the conflict; an example might be a 24-hour period. If the period is not sufficient enters the ADR function through...
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...Alternative Dispute Resolution (ADR) Eric J. Cortes Cintrón University Of Phoenix LAW/531PR January 9, 2013 Prof. Paul Vilaró Nelms, Esq, CPA Alternative Dispute Resolution (ADR) The use of the court system to resolve business and other conflicts can take years and cost thousands, or even millions, of dollars in expenses and legal fees. To reduce these problems, businesses are increasingly turning to methods like Alternative Dispute Resolution (ADR) (Cheeseman, 2010). ADR typically refers to methods and processes of resolving disagreements or disputes that fall outside the judicial process or formal litigation at court. According to Cheeseman (2010): “The most common form of ADR is arbitration. Other forms of ADR are negotiation, mediation, conciliation, mini-trial, fact-finding, and using a judicial referee.” Our Learning Team will use arbitration. In arbitration, the team members choose an impartial third party to hear and decide the dispute. The arbitrator is the neutral party. In our class will be an academic advisor. Learning team agreements often contain arbitration clauses that require disputes arising out of the agreements to be to arbitration. The disputes subject to ADR are late submissions, team involvement, establishing and following guidelines that includes adhere to the goals and responsibilities’...
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...sometimes even years, as a result, it is now commonplace to use Alternative Dispute Resolution (ADR) to resolve these disputes. More agreements often contain mandatory arbitration provisions that are legally binding and enforceable. In addition, almost every court or administrative agency empowered to hear cases now requires mediation as part of the formal adjudication process (Spangler, 2003). Abstract: Arbitration plays a crucial role in commercial procurement. Ideally, solid contractual agreements would alleviate disputes between parties. In most cases, disputes result from the terms of the contract rather than the actual contract itself. Arbitration offers dispute resolution that eliminates the need for costly litigation and time-consuming disputes in the courtroom. This paper considers the role of arbitration in contracted procurement. Additionally, it considers alternative dispute resolution (ADR) as a whole as arbitration is a subset of ADR and will discuss their relative advantages and disadvantages in comparison with traditional litigation. The aged concept of arbitration has recently begun to reach tremendous levels of popularity in the acquisition realm. Dictionary.com defines arbitration as, “the hearing and determining of a dispute or the settling of differences between parties by a person or persons chosen or agreed to by them”. Solving disputes through arbitration is by no means a modern concept. The first modern arbitration...
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