Premium Essay

Explain Whether This Situation Is Best Handled by Litigation or by a Particular Form of Alternative Dispute Resolution

In:

Submitted By damsisland
Words 356
Pages 2
1) Explain Whether this situation is best handled by litigation or by a particular form of alternative dispute resolution

Litigation and trail with a judge decision on who is right or wrong, where someone wins and someone loses is not always the best way to resolve a situation. However there are different ways or options available to resolve a situation. For example negotiation, mediation and arbitration. As the assistant human resources manager I will never want to use the litigation method because its disadvantage’s are way more than the advantages. First of all the litigation is time consuming, it’s a very complicated process, it needs to go through different steps and stages before the trail starts, it takes long time to complete the pre trail stages, its costly and financially draining and it takes three- four years to finish a case. So therefore in this case am going to use the negotiation and the mediation method to resolve the situation. The negotiation is the most basic means of setting differences. It is back and forth communication between the parties to the conflict with the goal of trying to find a solution. While mediation process is a voluntary process in which an impartial person (the mediator) helps with communication and promotes reconciliation between the parties which will allow them reach a mutually acceptable agreement. Mediation often is the next step if negotiation proves unsuccessful. Negotiation is the best method of choice for problem solving and trying to reach a mutually acceptable agreement. If no agreement is reached the mediation method

Similar Documents

Free Essay

The Logical Next Step: Reconciliation Payments for All Indian Residential School Survivors

...2005 PREFACE The Canadian Bar Association is a national association representing 38,000 jurists, including lawyers, notaries, law teachers and students across Canada. The Association’s primary objectives include improvement in the law and in the administration of justice. This submission was prepared by the National Aboriginal Law and the National Alternative Dispute Resolution Sections of the Canadian Bar Association, with assistance from the Legislation and Law Reform Directorate at the National Office. The submission has been reviewed by the Legislation and Law Reform Committee and approved as a public statement of the Canadian Bar Association. The Logical Next Step: Reconciliation Payments for All Indian Residential School Survivors Executive Summary At its Annual Meeting in August 2004, the Canadian Bar Association adopted a resolution1 calling for the government to go beyond the existing Indian Residential Schools Dispute Resolution process to provide a base payment to all survivors of Indian Residential Schools. The CBA recognizes the tragic legacy of Indian Residential Schools and the failure of the current options of either litigatio n or the dispute resolution process to resolve the situation. The harms caused by Indian Residential Schools are still profoundly felt by the individual students who attended the schools, as well as their families, communities and Nations. The CBA recommends that, as the next logical step towards reconciliation and restoration of...

Words: 17144 - Pages: 69

Premium Essay

Lok Adalats India

...Lok Adalat 11. Benefits of the Lok Adalat can be well seen in newspaper articles 12. Permanent Lok Adalat 13. Drawbacks of Lok Adalat 14. Lok Adalat – Challenges Ahead… 15. CONCLUSION Main Issue Is Lok-Adalat efficient enough to bring a change in the litigation field of India. Introduction The philosophy of Alternate Dispute Resolution systems is well-stated by Abraham Lincoln: "Discourage litigation; persuade your neighbors to compromise whenever you can. Point out to them how the normal winner is often a loser in fees, expenses, cost and time." Justice delayed is justice denied. Lok-Adalat has symbolized a human sensitive forum to provide amicable, speedy, cheap justice by adopting informal procedure and avoiding technicalities. Present Research Paper has attempted the history and development of Lok-Adalat in India. An analysis has been made on potential utility of Lok-Adalat as one of the ADR tools. An exploration has been made about the validity of the award of Lok-Adalat and grounds that keep it open to challenge for its judicial review. Present paper, thus provide a deep insight of Lok-Adalat and its potential utility to the existing legal system which has been overburdened with pending litigations. Concluding remarks are self-explanatory demanding the adaptations of concept of Lok-Adalat to suit the changing need of poor and needy people. The suitable recommendations have been made to that effect. “It is of fundamental importance that, justice should not...

Words: 7798 - Pages: 32

Free Essay

Arbitration in India

...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” is the bonafide work of Mr. Jasjeet Singh...

Words: 40958 - Pages: 164

Premium Essay

Forinsic Accounting

...that I have completed the project on the title “Forensic Accounting and Auditing” during the academic year 2014-15. The information submitted is true and best of my knowledge and belief. Date of submission: - Signature Place:- Parle Tilak Vidyalaya Association's MULUND COLLEGE OF COMMERCE Sarojini Naidu Road, Mulund West, Mumbai 400080. Certificate This is to certify that Mr. __________________________________________________________ Of Mcom. Part II (Advanced Accountancy) Semester _______ has undertaken completed the project work titled _________________________ ______________________________ during the academic year __________ under the guidance of Prof. ______________________________________. Submitted on _________________ to this college on the fulfillment of the curriculum of Mcom (Advanced Accountancy) University of Mumbai. This is a bonafide project work & the information presented is true/ and original to the best of our knowledge and belief. PROJECT COURSE EXTERNAL PRINCIPAL GUIDE CO-ORDINATOR EXAMINER ACKNOWLEDGEMENT I acknowledge with gratitude my indebtness to Professors for giving me the opportunity to work on this project and gave valuable guidance for preparing this project. I would like to thanks those people those people who directly or...

Words: 8287 - Pages: 34

Premium Essay

Legl200

... 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...

Words: 22614 - Pages: 91

Free Essay

Articles

...Scholarship Repository University of Minnesota Law School Articles Faculty Scholarship 1988 Discovery in Labor Arbitration Laura J. Cooper University of Minnesota Law School, lcooper@umn.edu Follow this and additional works at: http://scholarship.law.umn.edu/faculty_articles Part of the Law Commons Recommended Citation Laura J. Cooper, Discovery in Labor Arbitration, 72 Minn. L. Rev. 1281 (1988), available at http://scholarship.law.umn.edu/ faculty_articles/307. This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in the Faculty Scholarship collection by an authorized administrator of the Scholarship Repository. For more information, please contact lenzx009@umn.edu. Discovery in Labor Arbitration Laura J.Cooper* The mere statement of the topic, discovery in labor arbitration, suggests a paradox. Is not the essence of the arbitration process an effort to avoid the procedural complexities that make litigation comparatively slow and costly? More than forty years ago, Learned Hand admonished a litigant distressed with the procedural failings of an arbitration proceeding: Arbitration may or may not be a desirable substitute for trials in courts; as to that the parties must decide in each instance. But when they have adopted it, they must be content with its informalities; they may not hedge it about with those procedural limitations which it is precisely its purpose...

Words: 22162 - Pages: 89

Free Essay

Legal 3 4

...the!most!seats!in!the!House!of!Representatives! Parliament)–!Consists!of!a!group!of!elected!representatives!and!a!person!who!represents!the!Queens.!In!the!federal!parliament!that!person!is!the! Governor>General.!Parliaments!make!the!laws!for!a!country/state! Crown)–!The!monarch!is!represented!by!a!governor/governor>general.!Refers!to!the!position,!power,!or!dominion!of!a!monarch.!The!monarch!as! Head!of!State! Separation)of)Powers)–!The!three!branches!of!power!(executive,!legislative!and!judicial)! Federal)System)–!The!power!to!govern!is!divided!by!the!Commonwealth!and!states.! Bicameral)–!A!bicameral!parliament!consists!of!two!chambers!or!houses! Minister)–!A!minister!is!both!a!member!of!parliament!and!a!member!of!the!executive.!This!means!a!minister!is!usually!in!charge!of!a!government! department!that!is!responsible!for!enacting!the!law! ! Australian Parliamentary System Under!the!Australian!federal!system!of!government,!the!country!is!divided!into!states!and!territories!each!with!its!own!parliament!–!making!a!total!of!9! parliaments.! • Commonwealth,)6)States,)2)Territories! They! are! elected! by! the! people! and! represent! the! needs! of! the! people.! Members! are! also! responsible! to! the! parliament! and! the! people! for! their! actions.!The)APS)is)based)on)the)Westminster)system)that)was)adopted)by)the)Commonwealth)constitution)in)1900,)as)originally)Australia)and)its) states) were) British) Colonies.! The! Commonwealth! and! State! Parliaments...

Words: 27914 - Pages: 112

Premium Essay

Software Engineer

...© MICHAEL NEWMAN/PHOTOEDIT Managing Human Resources, 14e, Bohlander/Snell - © 2007 Thomson South-Western c hapter 13 Employee Rights and Discipline objective objective objective 3 Identify and explain the privacy 4 Explain the process of responsibilities. employment at will, wrongful discharge, implied contract, and constructive discharge. rights of employees. establishing disciplinary policies, including the proper implementation of 5 objective objective 2 Explain the concepts of employee rights and employer 6 Differentiate between the objective objective 1 Explain the concepts of Discuss the meaning of 7 Identify the different types of objective After studying this chapter, you should be able to 8 Discuss the role of ethics in discipline and how to investigate a disciplinary problem. two approaches to disciplinary action. alternative dispute resolution procedures. the management of human resources. organizational rules. PART 5 Enhancing Employee-Management Relations Managing Human Resources, 14e, Bohlander/Snell - © 2007 Thomson South-Western 549 550 PART 5 Enhancing Employee-Management Relations n this chapter we discuss employee rights, workplace privacy, and employee discipline. Managers note that these topics have a major influence on the activities of both employees and supervisors. Robert J. Deeny, an employment attorney...

Words: 20644 - Pages: 83

Free Essay

Criminal Justice

...Read more: Role of a Police Officer | eHow.com http://www.ehow.com/facts_5007770_role-police-officer.html#ixzz1tRP3wAxg Read more: Role of a Police Officer | eHow.com http://www.ehow.com/facts_5007770_role-police-officer.html#ixzz1tRPGtoCW Read more: Role & Duties of a District Attorney | eHow.com http://www.ehow.com/list_7774779_role-duties-district-attorney.html#ixzz1tRSe3av7 Learn About Cost, Courses, & More For Colleges With CSI Programs '12 www.CampusExplorer.com/CSI Read more: Role & Duties of a District Attorney | eHow.com http://www.ehow.com/list_7774779_role-duties-district-attorney.html#ixzz1tRSozElQ Read more: Assistant District Attorney Job Description | eHow.com http://www.ehow.com/about_6678588_assistant-district-attorney-job-description.html#ixzz1tRTlS8rU Read more: Assistant District Attorney Job Description | eHow.com http://www.ehow.com/about_6678588_assistant-district-attorney-job-description.html#ixzz1tRTwBvmX * Read more: Assistant District Attorney Job Description | eHow.com http://www.ehow.com/about_6678588_assistant-district-attorney-job-description.html#ixzz1tRU8Bc2n Police Investigate Filing of Criminal Complaint After an alleged crime is investigated, the police initiate the criminal procedure by filing a complaint with the Magisterial District Judge (MDJ) in the area that the crime occurred. Once the complaint is filed, the MDJ will issue either a summons or a warrant of arrest, depending generally on the...

Words: 10970 - Pages: 44

Premium Essay

Cima 05

...7/1/06 11:08 AM Page ii CIMA Publishing is an imprint of Elsevier Linacre House, Jordan Hill, Oxford OX2 8DP, UK 30 Corporate Drive, Suite 400, Burlington, MA 01803, USA First edition 2006 Copyright © 2006 Elsevier Ltd. All rights reserved No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the publisher Permissions may be sought directly from Elsevier’s Science & Technology Rights Department in Oxford, UK: phone (ϩ44) (0) 1865 843830; fax (ϩ44) (0) 1865 853333; e-mail: permissions@elsevier.com. Alternatively you can submit your request online by visiting the Elsevier web site at http://elsevier.com/locate/permissions, and selecting Obtaining Permission to use Elsevier material Notice No responsibility is assumed by the publisher for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any methods, products, instructions or ideas contained in the material herein. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library ISBN-13: 978 0 7506 8032 5 ISBN-10: 0 7506 8032 6 For information on all CIMA publications visit our web site at books.elsevier.com Typeset by Integra Software Services Pvt. Ltd, Pondicherry, India www.integra-india...

Words: 249182 - Pages: 997

Premium Essay

It Computer Science

...Answers to Review Questions Chapter 1: Introduction to a New Career in Law 1.1. Eighty million lawsuits are filed every year. 1.2. The five major players in the development of paralegalism are:  National Federation of Paralegal Associations  National Association of Legal Assistants  American Bar Association  Your state bar association  Your local paralegal association 1.3. CLE is continuing legal education or training in the law, usually short term, received after one’s formal training. 1.4. Meaning of abbreviations: (a) NFPA—National Federation of Paralegal Associations (b) NALA—National Association of Legal Assistants (c) SCOP—American Bar Association Standing Committee on Paralegals (d) NALS—The Association for Legal Professionals (Note: NALS no longer says that its name stands for National Association of Legal Secretaries) (e) AAPI—American Alliance of Paralegals (f) IPMA—International Paralegal Management Association (g) ALA—Association of Legal Administrators 1.5. Web Sites: (a) NFPA: www.paralegals.org (b) NALA: www.nala.org (c) IMPA: www.paralegalmanagement.org 1.6. Certification examinations: (a) NFPA—The PACE exam. It is an advanced exam; paralegal experience is required to take it. (b) NALA—The CLA exam. It is an entry-level exam. No paralegal experience is required to take it. (Note: NALA also has an advanced examination that does require paralegal experience to take it.) 1.7. Fourteen categories of paralegal associations: ...

Words: 22519 - Pages: 91

Free Essay

Review of Law in Context

...boring) message from the summary executioner before you dive in; These notes are an interpretation of the book Law in Context and the lectures given as part of the 1991 Course. They are not a satisfactory substitution for reading the text. You are only likely to get the maximum value out of this summary by reading it in conjunction with the text. The question of ‘the law in whose context’ may be worth keeping in mind as you read. This is an interpretation seen through my eyes, not yours. My comments are not unbiased, as it is as equally unlikely that yours may be. So my ‘advice’ is consider what is said here and in the book considering the need to understand the ‘mechanics’ that help make sense of the more involved themes that develop in the book as you progress through Law in Context. The observations, important in their own right, may be particularly useful for seeing how their often ubiquitous expression is taken as ‘normal’ in the areas of wider society, such as in discussions of economics and power. It is unlikely that you will find any ‘right answers’ from this summary, but I do hope it helps you in synthesising opinions. A bibliography of books I used is given at the end of this summary. If your head isn’t spinning too much, maybe it is worth getting together earlier in the semester with friends and talking about some of the issues that particularly interest you. Don’t be worried if ‘you don’t know anything’. It’s probable that you, as for most of us, are...

Words: 51747 - Pages: 207

Premium Essay

Legal Ethics

...G.R. No. 100113 September 3, 1991 RENATO CAYETANO, petitioner, vs. CHRISTIAN MONSOD, HON. JOVITO R. SALONGA, COMMISSION ON APPOINTMENT, and HON. GUILLERMO CARAGUE, in his capacity as Secretary of Budget and Management, respondents. Renato L. Cayetano for and in his own behalf. Sabina E. Acut, Jr. and Mylene Garcia-Albano co-counsel for petitioner. PARAS, J.:p We are faced here with a controversy of far-reaching proportions. While ostensibly only legal issues are involved, the Court's decision in this case would indubitably have a profound effect on the political aspect of our national existence. The 1987 Constitution provides in Section 1 (1), Article IX-C: There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective position in the immediately preceding -elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years. (Emphasis supplied) The aforequoted provision is patterned after Section l(l), Article XII-C of the 1973 Constitution which similarly provides: There shall be an independent Commission on Elections composed of a Chairman and eight Commissioners who shall be natural-born citizens of the Philippines and, at the time of their...

Words: 13324 - Pages: 54

Premium Essay

Fiduciary Duties

...is to transfer knowledge to your financial team to ensure a firm understanding of the taxonomies, mapping process and SEC requirements. To learn more, visit www.tryxbrl.com. FIDUCIARY DUTIES AND OTHER RESPONSIBILITIES OF CORPORATE DIRECTORS AND OFFICERS MORRISON & FOERSTER LLP Christopher M. Forrester Celeste S. Ferber RR Donnelley Global Capital Markets Copyright© 2008 Morrison & Foerster LLP (No claim to original U.S. Government works) All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Morrison & Foerster LLP. This publication reflects the views of its authors only and does not necessarily reflect the views of Morrison & Foerster LLP or any of its clients. Because this publication is intended to convey only general information, it may not be applicable in all situations and should...

Words: 49138 - Pages: 197

Premium Essay

Contract and Subcontract Management

... 6.4 Punch List 6.5 7 Contract Closeout Warranty SPECIAL TOPICS 7.1 Contract Law 7.2 Basis for Claims 7.3 Negotiation 7.4 Interface Coordination 7.5 Labor and Industrial Relations 7.6 Force Accounts 7.7 Liquidated Damages 7.8 Delays and Extension of Time 7.9 Acceleration 7.10 Suspension of Work 7.11 Differing Site Conditions 7.12 Terminations 7.13 Project Environmental Controls INDEX FORMS TABLE OF CONTENTS Page ii of v CONTRACT/SUBCONTRACT MANAGEMENT MANUAL Introduction TABLE OF CONTENTS 1.1 Purpose......................................................................................................................................1 1.2 Scope.........................................................................................................................................1 TABLE OF CONTENTS SECTION 1. INTRODUCTION Page i 1 INTRODUCTION 1.1 Purpose This Guide establishes...

Words: 60698 - Pages: 243