...(ADR) allows an opportunity for the LRC and the CRC to resolve this dispute without the court. The ADR is faster, does not cost as much and the stress of the ARD is nowhere near to going to court. An ADR has a high level of satisfactory results. An ADR is good for solving disputes in business and partnerships that are in disputes. There are three methods that can be pursued with this ADR case. The three methods are Arbitration, Mediation, and Case Evaluation. A person in the ADR process is someone who is trained, neutral in the case, and chosen by both the LRC and the CRC or the court. Mediation The ARD uses a mediator to assist each party to come to a resolution that is acceptable to both in the dispute. The mediator is not the one who decides but mediates it for them to decide how to resolve. What is unique about the ARD is it allows both parties to express themselves in a confidentially to work out a resolution with flexibility. Arbitration This method allows for a arbitrator to hear the arguments, look over the evidence and make decisions that will resolve the disputes. The difference in arbitration and having someone to mediate is that arbitration is less formal, quicker, while cheaper than a traditional lawsuit. There are two types of arbitration, non-binding and binding. A binding arbitration results in the arbitrator's decision being the final decision which can be no trials to appeal the decision. In a non-binding arbitration the decision...
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...Basis of the Grievance and Arbitration Process The Grievance and Arbitration Process BUS405 Labor Relations July 20, 2010 The Grievance and Arbitration Process There has always been a need for conflict resolution on the job. The grievance and arbitration process is one way for employees to be heard when conflict on the job arises. The grievance and arbitration process is also a way for employees to obtain some type of satisfaction at the end of the grievance process. Having representation by the union often guarantees an employee a fair, just, and timely grievance process. However, not all employees feel that way when they are not a represented the union. The grievance process can mean different things to each individual employee and usually no two complaints are normally about the same type of issue. “There are two possible approaches to defining a grievance: therapeutic and legalistic” (Holley, Jennings, & Wolters, 2008, p.421). A grievance is a complaint and more than likely some type of violation of an employee's rights on the job. Grievances almost always are due to work related issues. Similar a right that is usually, but not always defined by an employment or some other type of contract. According to Holley et al., (2008), “a grievance is clearly defined as an employee’s or employer’s alleged violation of the labor agreement that is submitted to the grievance procedure for resolution by the employee” (p. 420). Despite the definition of a grievance,...
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...Samulela 11-05-2015 Assignment one Mediation Introduction Medication is defined as the resolution between rivals in a disagreement (Geldard & Geldard, 2012). The mediation methods takes place when two different parts meet to addressee their problems, where the mediator comes in as the third party and assist individuals with communication in order to gain resolutions to their problems. Medication can also be an agreement developed after a disagreement. Mediation involves reflection that results in resolutions that may possibly or might not be acknowledged by the opposing party. It can also be described as a method of resolution of an industrial disagreement, in which a third party discuss with individuals involved and finds a result, which is not, conversely, binding on the parties involved. (Geldard & Geldard, 2012). Mediation referees to the practice of having a third person involved in this case may be a manager or supervisor in any form, it can be utilized to operate as a vacillator in assisting parties in a disagreement to come to a mutual accepting in which they may be capable taking and living with (Cousins & Benitz, 1999). Mediators are not judges; they can a person who’s capable to assist the disputes to settle in a convenient way for an effective resolution. Mediation is a process used for resolving disputes in schools or early intercession programs, it is also used for parents of children with disabilities, mediation identifies such protection of ongoing...
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...Dispute Resolution Learning Team A ETH/321 23rd February, 2015 Charles Hughes Alternative Dispute Resolution There are many different methods of dispute resolution; some more drastic than others. Alternative Dispute Resolution or ADR is a less invasive way of dispute resolution, compared to going to court. It involves the use of third parties, who are impartial to the situation, in order to resolve a dispute, whether it be between two individuals or businesses (Melvin, 2011). ADR can be used in a variety of settings including the online learning experience. Mediation, a form of ADR, can be particularly effective when two or more members, of an online learning team, cannot find a solution to a dispute on their own. Not all types of ADR work in all situations so there are various forms of ADR, in existence. The main forms include early neutral evaluation, negotiation, conciliation, arbitration, and mediation. In early neutral evaluation direct communication is encouraged between the disputing parties. It is over seen by a neutral industry expert who is a part of the American Arbitration Association (AAA). Each party presents their claim and the evidence they have in accordance with it. There are no cross examinations and nothing discussed or presented is recorded. At the end, the AAA expert produces a written evaluation, within two weeks, and if all parties agree to it they can begin settlement. If not, other forms of dispute resolution must take place. Early neutral evaluation...
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...Challenges of Being an Advocate and Mediator Elizabeth Tirado BSHS/442 April 8, 2013 Linda Latson, MBA/HCM, MPA Challenges of Being an Advocate and Mediator Advocacy and mediation tend to go hand-in-hand in the human service field; but what happens when advocacy and mediation challenge one another? There are specific methods that a person can use which can relieve the stress of the ethical, moral, and legal challenges of the dual relationship between advocacy and mediation. By definition, a mediator is a third party who works with opposing sides to bring about an agreement (Merriam-Webster Dictionary, 2004). The goal of the mediator is to resolve misunderstandings between two or more parties. The mediator helps the parties involved resolve conflict, but the mediator is not the decision maker. The conflict ultimately will be resolved by the parties that are feuding. A mediator must remain neutral when in the process of mediation. Remaining neutral for a mediator can present a challenge because of his or her personal beliefs and values that do not relate with either of the feuding parties argument. When a mediator remains neutral, the mediation process is preserved. For a mediator to face the legal, moral, and ethical issues on a regular basis, the mediator must maintain a neutral ground to prevent problems from rising up in the future. The incorporation of mediators and advocates into any human service agency should be mandatory because most clients do not know...
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...INTERNATIONAL MEDIATION BETWEEN ENDURING _________________________________________________________________________ In this study, Creig (2001) investigates the role of mediation ripeness in securing mediation success between enduring rivals. In this study, Creig conceptualises ripeness in two broad categories: in terms of temporal factors related to when in the dispute lifecycle mediation is attempted, and in terms of contextual factors related to the dispute and the relationship between the disputants. In so doing, the study examines the role of mediation ripeness in the achievement of both short term and extended term mediation success. In this study, Creig, tests three logics and nine hypotheses about mediation ripeness using a database of 202 mediations. The study reveals three dominant patterns in the factors associated with ripeness for both short term and extended term processes. Firstly, the characteristics of previous disputes in the life of a rivalry provide a powerful influence on the prospects for both short term and extended term mediation success. Under this pattern, short term mediation success is most likely early in the life of a rivalry while extended term mediation success is most likely late in the lifetime of enduring rivalries. The second pattern highlights the difference in the degree to which both short term and extended term mediation success depends on strategic shifts within the regimes of enduring rivals. Short term mediation success requires...
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...negotiating parties trust each other to implement the negotiated solution is a major factor in determining whether negotiations are successful. Negotiation is not a zero-sum game; if there is no compromise, the negotiations have failed. When negotiations are at an impasse it is essential that both the parties acknowledge the difficulties, and agree to work towards a solution at a later date. Negotiation can take a wide variety of forms, from a trained negotiator acting on behalf of a particular organization or position in a formal setting, to an informal negotiation between friends. Negotiation can be contrasted with mediation, where a neutral third party listens to each side's arguments and attempts to help craft an agreement between the parties.[1] It can also be compared with arbitration, which resembles a legal proceeding. In arbitration, both sides make an argument as to the merits of their case and the arbitrator decides the outcome. This negotiation is also sometimes called positional or hard-bargaining negotiation. Negotiation occurs in business, non-profit organizations, government branches, legal proceedings, among nations, and in personal situations such as marriage, divorce, parenting, and everyday life. The study of the subject is called negotiation theory....
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...Litigation Student Name LAW/531 Date Instructor Litigation Disputes are settled by various means every day. This paper will consider the process of traditional litigation and alternative dispute resolution in settling those disputes. Knowing the advantages and disadvantages is important when deciding what process to employ in settling a dispute. Traditional Litigation Traditional litigation can be a long and expensive process. Filing a complaint starts the process. This action will cause the courts to issue a summons to the defendant with a description of the complaint by the plaintiff. Once the summons is received, the defendant will than answer the complaint. A court enters a judgment against the defendant if allegations are admitted. However, if the defendant denies even one some of the allegations the case will proceed through the next steps of the judicial process. The defendant may file a cross-complaint against the plaintiff. This action will initiate a need for a response from the plaintiff to answer the defendant’s allegations. This will end the pleading stages and will lead to the discovery stage. The process of discovery begins as each side takes steps to discover information relevant for trial. Discovery can be long and tedious. Each side produces a list of documents relevant to the case. This process can be time-consuming to business owners, manager, and employees as documents are sifted through and copied. All communication flows through...
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...Conflict Resolution Strategies Conflict, an antagonistic state or action involving divergent ideas or interests, is inevitable in interpersonal relationships. There is an erroneous belief in our society that conflicts always produce negative results and therefore should be avoided. But since people have divergent interests, beliefs, values, and goals, it is inevitable that conflicts will occur in our work settings and in our private lives. Conflicts are not only a natural component of any interpersonal relationship, but often desirable, because they have a number of potential payoffs. Conflicts produce lively discussions. When constructively handled, conflicts motivate the people involved to define issues more sharply, to search harder for resolution strategies, and to work harder in implementing solutions. Conflict, when handled effectively, can also lead to greater commitment to the relationship of the people involved, raise morale, and increase communication and cooperation. Successful resolution of conflict can lead to personal growth and facilitate innovation and creativity. However, ineffective management of conflict can lead to deterioration of rapport between the people involved, distrust, and perhaps alienation and burnout. Unfortunately, some organizations have norms that urge front-line service providers to suppress their suggestions for changes. Such norms are often communicated informally by agency management taking adverse actions (such as dismissal, demotion...
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...group of student that work together to complete a work for a particular course. Sometimes disagreements occur as part of the working process and these need to be resolve. In order to attend that situation, the following alternative dispute resolution (ADR) clause will be included in the learning team charter: “In any case that a dispute could arise between the learning team members the mediation process will be used to resolve the controversy, having the academic advisor as the mediator. According Cheeseman (2010) mediation is a form of negotiation in which a neutral third party assists the disputing parties in reaching a settlement of their dispute. Among the disputes that are going to be send to mediation are disagreement in terms of the content and an extent of a work, the amount and quality of the references to be used and included in the final work and how the work is going to be divided among the learning team members. As soon the dispute arises, the academic advisor will be notified. The academic advisor will hold separate meeting with the involve parties to listen the arguments of both sides and reach to a settlement. In doing so, the mediator points out the strengths and weaknesses of each party’s case and gives his or her opinion to each side. (Cheeseman, 2010). Finally, the mediator will help the involve members to reach a settlement to resolve the issue.” References Cheeseman, H.R., (2010). Business Law, Legal Environment, Online Commerce, Business Ethics...
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...research is Evolution of the process of ADR in Bangladesh: Whether arbitration and mediation is appropriate procedure to solve dispute”. The aim of this research is to analyses the cachet and efficaciousness of the instrument of ADR in Bangladesh. At the same time an attempt is made to evaluate the sociological aspect of the ADR in Bangladesh. Hence, this writes up especially for those who have no legal background but want to have an idea about it is interesting to note that the concept of ADR is developing in Bangladesh as a performance of public duty by civil society groups advocating in support of progressive ideologies. I have collected all the materials from different books, scholars’ articles and offices from Law organization. I have collected the information about International aspect of ADR from different site of internet. At first I have collected different books relating to ADR. For the laws regarding ADR of Bangladesh and international, I have followed different Acts and Convention. INTRODUCTION The attempt to settle a legal dispute through active participation of a third party (mediator) who works to find points of agreement and make those in conflict agree on a fair result. Mediation differs from arbitration in which the third party (arbitrator) acts much like a judge but in an out-of-court less formal setting but does not actively participate in the discussion. Mediation has become very common in trying to resolve domestic relations disputes (divorce, child...
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...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 teacher; there the teacher will take the proper course of action needed for this dispute to be resolved. If the dispute is manageable, the teacher will be able to mediate and will not need to take forceful action. Clauses and Resolve The group decided...
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...Risk Management The 4 Steps in Risk Management: 1.1. Risk Assessment (Information)- Risk assessment is the process of identification and evaluation of exposures that threaten a company’s assets and profitability. Combining legal and technical knowledge with common sense promotes good risk assessment. 1.2. Loss Control (Action)- Process of reducing the frequency and severity of losses through preventative measures 1.3. Risk Transferring (Action)- This is the process of shifting the financial burdens of losses outside the responsibility of the organization. The purpose of this action is to take a specific risk, which is detailed in the insurance contract, and pass it from one party who does not wish to have this risk to a party who is willing to take on the risk for a fee, or premium. 1.4. Risk Monitoring (Follow-up)- This is a process of continually assessing pre-existing and potential exposures that could threaten the organization. One thing to remember is that this is a proactive and ongoing action. 1. Establish an Indemnity Clause An Indemnity clause is a written agreement between a business chain that requires one party, such as a supplier, to indemnify any losses to the business. Indemnity clauses are useful because if for any reason the organization is unsatisfied with any products it received, the business/corporation would receive an indemnity from the supplier, which usually becomes a reduction on price. So if a customer was unsatisfied...
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...Lesson 02 - Thought Question - 02 - Determining when Conflict appears to be heading towards either Escalation or Avoidance. Peggy Stine - January 25, 2013 In my personal experiences with other people, I rely on various signs in determining when a conflict appears to not be heading for a resolution. For instance in order to determine when a conflict appears to be heading towards escalation I look for signs that: * Parties are entrenched in the same arguments * Militant leadership emerges in response to a perceived threat or crisis * Veiled threats and demands are used to win arguments * Name calling and personal attacks are used * Reasonable requests and a justified refusal becomes a personalized battle of wills. * One party will talk about the other as if they know everything about them. * Motives are attached to actions * One party becomes the victim of others’ actions. * Parties exaggerate the consequences of inaction * Parties have formed coalitions based on relationships, power, influence and social climate * Body language (i.e. eye contact, hand gestures...) shows hostility or closure to compromise or new ideas * A battle of wills becomes intractable when the parties see themselves as evenly matched * The fear of ‘losing’ contributes to a ‘justified’ defensive action * There is a power imbalance where one person sees the other as stronger than themselves or having an advantage that makes them stronger * More...
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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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