...Research the following TERMS and PHRASES these are linked with your assessment. Attach your definition or explanation to each point. Please remember to Reference. Question 1 In your own words explain the following: a) Mediation Action between parties, as to effect an agreement or reconciliation ✔ b) Triggers anything- an act or event that serves as stimulus and initiate a reaction or series or reactions. ✔ c) Parameters Guidelines, boundaries of the scenario on given policy ✔ d) Communication techniques Skills and implementations used to exchange or thoughts, opinion, information, and messages. ✔ e) Models and Systems for mediation consist of 4 main models : Facilitative mediation, Evaluative Mediation, Transformative mediation, and Narrative mediation ✔ f) Stakeholders All parties that are directly or indirectly related which all share an interest to a act or event ✔ g) Endorsement approval or sanction given by any party ✔ h) Participant A person or a group that take part in any given situation ✔ i) Resolution a resolve or the act of resolving or determining upon an action ✔ j) Mediator A third party; person or a group(s) as an intermediary, settling dispute or agreement between parties ✔ k) Negotiation Mutual discussion and arrangement or the term of a transaction or agreement ✔ l) Arbitration The hearing and determining of a dispute or the settling of differences parties...
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...4. Introducing A.D.R. in Bangladesh Justice Mustafa Kamal Former Chief Justice Supreme Court of BangladeshWHY A.D.R?The Vagaries of Civil LitigationA. D. R. means Alternative Dispute Resolution, mostly applied to civil cases. When a civil case is instituted in a court of competent jurisdiction, the scenario usually is, that a long time is taken to serve the process, the defendants beat the law and submit their written statement/s after a long delay beyond the permissible statutory period of two months, lawyers and judges do not take any interest in screening out a false and frivolous case at the first hearing of the case under Order X CPC (in fact no such first hearing takes place), they seldom try to shorten the disputed questions of fact and law by application of Orders XI and XII of the CPC and mostly ignore the elaborate procedure of discovery, interrogatories, notice to produce etc. contained in those Orders, the issues of a case are seldom framed following the Code of Civil Procedure, the case takes several years to reach a settlement date and on the date of positive hearing half a dozen or more ready cases are fixed for hearing, resulting in the hearing of none. In the meantime years roll by, presiding judge of a single case is transferred a number of times, witnesses of a single case may be heard by more than one presiding judge, arguments are listened to may be by another presiding judge and judgment may be delivered by a presiding judge who had had no connection with...
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...Barnes, Langvardt, Prenkert, & McCrrory, 2015, pg. G-1). ADR can be done through stages of communicating and agreeing rather than taking place in a long drawn out process in court. Arbitration and mediation are the-two primary forms of ADR, although there are others (Peterson, 2012). Allowing the parties to find a resolution that works for both is the most cost effective way to resolve a dispute. Regardless of profitability, size, ownership, or industry sector, all businesses share a common problem: conflict and conflict resolution (McDowell & Sussman, 2004). Avoiding ADR can result in an exorbitant amount of unnecessary legal fees for both parties. Alternative dispute resolution emphasizes mutual problem solving and broadens options for resolving conflicts in hopes of minimizing hostility (McDowell & Sussman, 2004). If ADR is not utilized, the other option is litigation. While litigation is an option, it is typically used as a last resort due to the fact that it is much more expensive and time consuming. Opperman’s (2000) study found the following: ADR effectiveness in twenty-nine medical malpractice claims against the government handled by Assistant U.S. Attorneys revealed that seventeen cases were settled in mediation, and in another ten cases the issues were narrowed by mediation. The attorneys surveyed estimated that they saved an average of 100 hours of attorney time and six and one-half months of litigation time in each case, not to mention a per case...
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...Tanya Trucker vs State of Confusion The federal court will have full jurisdiction over Tanya Trucker’s suit against the State of Confusion. According to the US court systems (uscourts.gov), federal courts have jurisdiction over cases that arise between state lines. Controversies that arise between two states or a state and the citizen of another state are to be held under federal jurisdiction. The case is one of controversy between a trucking company and a state law. Thus according to Article III, Section 2 of the U.S. Constitution, even though states are allowed to create further laws under those created by federal law, if a state law poses a controversy those concerns will be reviewed by a higher court system. The state of Confusion’s statute of using only a certain type of hitch (a B-type hitch that is only made in Confusion) in order to drive through the state is being used only as a financial gain. Confusion knows that truckers need to drive through the state and by creating this statute, allows the state to gain financially. The law for B-type hitches was not made to create safer roadways. This was created to make each truck driver to stop upon entering the state, purchase the new hitch, and then continue onwards. Therefore this statute can be considered unconstitutional on the means of it being solely created to produce extra income for the state. The Commerce clause determines whether or not a federal statute in constitutional, as well as allowing Congress to...
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...Managing a Mediation Process offers an overview of the process of mediating interstate and intrastate conflicts. Each of its six chapters covers a different step in the process, identifying what needs to be done at that step and how best to accomplish it: ● ● ● ● ● ● SMITH AND SMOCK MANAGING A MEDIATION PROCESS Assess the Conflict Ensure Mediator Readiness Ensure Conflict Ripeness Conduct Track-I Mediation Encourage Track-II Dialogue Construct a Peace Agreement Managing a Mediation Process is the first of several handbooks in the Peacemaker’s Toolkit series and deals largely with Track-I efforts. Each handbook in the series addresses a particular facet of the work of mediating violent conflicts, including such topics as negotiating with terrorists, managing public information, constitution making, assessing and enhancing ripeness, and Track-II peacemaking, among others. MANAGING A MEDIATION PROCESS Consolidating practical wisdom distilled from the hard-won experience of seasoned mediators into an easily digestible format, this handbook is designed to help mediators identify areas where they may need more research or preparation, as well as options and strategies relevant to the particular case on which they are working. Examples from past mediation efforts are provided. CT ST RU CE T CONA PEA MEN E AGRE Managing a MEDIATION PROCESS AGE OURC II E ENCTRA GU O DIAL UC T ONDAC I ON C R T DIATI ME Amy L. Smith and...
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...INTRODUCTION Section 1 - The importance of working as a team and a discussion on how conflict can be resolved within teams by Ian Burks Section 2 - An exploration of different methods of dealing with conflict within an organisation Section 3 - An evaluation of different methods of dealing with personal and work based stress Section 4 - An evaluation of how well the group worked together and the technology used to enable this The group considered various approaches to this assignment and discussed a number of options before deciding to focus on the movement as their case study organisation. Associations, although autonomous and independent are all affiliated to the National Councils of YMCAs and do share a common mission and similar culture. By using the generic movement each of the students can draw on extensive and varied experience from their own settings. SECTION 1 The importance of working as a team and a discussion on how conflict can be resolved within teams The term ‘team’ is commonly used to describe many different groups both in a work setting and within wider society. Harvey Robbins and Michael Finley define a team simply ‘as people doing something together’ and Rob Yeung says a team is a ‘group of people with shared goal’. An element of inter dependency is also required before a group becomes a team and a more organisationally orientated statement from Rover Cars defines teams as 'a number of people with complementary skills who are committed...
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...Strategic Change Management Prepared by: Task 1: Discuss the Models of Strategic Change There are numerous hypotheses about how to oversee change. The greater part of the hypotheses begin with administration and change administration master, John Kotter who is a teacher at Harvard Business School and widely acclaimed change master. The accompanying eight stages in the change procedure are his commitment. 1- JOHN KOTTER: Eight steps to transforming an organization (Kotter.J, 1995) Building up a feeling of direness Framing a capable directing coalition Making a dream Conveying the vision Enabling others to follow up on the vision Arranging and making transient wins Merging enhancements creating still more change Regulating...
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...Bacon/Longman representative. s a m p l e c h a p t e r The pages of this Sample Chapter may have slight variations in final published form. Allyn & Bacon 75 Arlington St., Suite 300 Boston, MA 02116 www.ablongman.com Cognitive Development Piagetian and Sociocultural Views CHAPTER PREVIEW Piaget’s Constructivist View of Cognitive Development Vygotsky’s Sociocultural View of Cognitive Development • Piaget as a Child Prodigy • Constructivism and Interaction with the Environment Piaget’s Stages of Cognitive Development • Vygotsky’s Background: The Sociocultural Context for a New Theory • The Role of Speech and Language • Mediation: With a Little Help from Your Friends • The Zone of Proximal Development • Scaffolding: Support during Learning Recent Sociocultural Views of Cognitive Development • Stage 1: Sensorimotor Thought (Birth to 2 Years) • Stage 2: Preoperational Thought (2 to 7 Years) • Stage 3: Concrete Operational Thought (7 to 11 Years) • Stage 4: Formal Operational Thought (Approximately Age 12 and Above) • Evaluation of Piaget’s Theory • Piaget’s Legacy • Situated Cognition • Guided Participation • Thinking as Socially Shared Cognition: Two Heads Are Better than One “Maria wants to pick the best school for her sons, so she plans to observe and interview teachers.” © Robin Sachs/PhotoEdit M aria is the mother of two boys, ages 4½ and 12, and she and her children recently moved into a new community. The new community has a schoolchoice...
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... 1.2.5 Degree of Structure needed 9 1.2.6 In What Format Does Counselling Take Place 9 1.3 COUPLES COUNSELLING 11 1.3.1 Definition of Couples Counsellin 11 1.3.2 Purpose of Couples Counselling 11 1.3.3 Purpose of the Helper 12 1.3.4 Relevant Core Relational Conditions 12 1.3.5 Degree of Structure needed 13 1.3.6 In What Format Does Counselling Take Place 14 1.4 DIVORCE COUNSELLING 16 1.4.1 Definition of Divorce Counselling 16 1.4.2 Purpose of Divorce Counselling 16 1.4.3 Purpose of the Helper 16 1.4.4 Relevant Core Relational Conditions 17 1.4.5 Degree of Structure needed 18 1.4.6 In What Format Does Counselling Take Place 19 1.5 DIVORCE MEDIATION 20 1.5.1 Definition of Divorce Mediation 20 1.5.2 Purpose of Couples Counselling 20 1.5.3 Purpose of the Helper 20 1.5.4 Relevant Core Relational Conditions 21 1.5.5 Degree of Structure needed 22 1.5.6 In What Format Does Counselling Take Place 22 Table of Service...
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...prescriptions to customers. The inaccurate prescriptions could be from a number of areas in the prescription process. The errors could stem from interpretation of the prescribed medication to faulty input into the computer system, or even the incorrect understanding of the medication prescribed. To develop strategies to target the prevention of medication errors fully, it is necessary to have a holistic understanding of the medication-use process in the pharmacy and how each stage contributes to the overall error rate. Drug ordering and delivery are typically broken into four different stages; prescribing, transcribing, filling, and dispensing. Each of these stages represents a possible risk point and a potential vulnerable link in the patient-safety chain. The below process map outlining the steps HMO takes to fill a prescription for the customer. Prescribed Received Processed Filled Dispensed Suppliers | Inputs | Process | Outputs | Customers | Doctor | Prescription | Medication prescribed by doctor | Medication | Patients | Pharmaceutical Company’s | Drugs | Receiving prescription | Payment | | | | Interpret | | | | | Transferring into computer | | | | | Processing against insurance | | | | | Filling medication | | | | | Dispensing Medication | | | The analysis of the charts included allows for an understanding of the pharmacy process; but it just might not be the fault of HMO pharmacy. Many medication errors result from prescribing...
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...Diversity & Inclusion Task 1 IDEA PL 94-142 of 1975 was the first piece of legislation mandating appropriate and free education for students with disabilities. “Federal legislation, such as PL 94-142, served as a tool for the government to provide improved and equalized learning opportunities for all students and to bring qualified people into special education” ( Kirk, Gallagher, & Anastasia, 2000, 71). There are six key components under this act. Zero Reject The first component states that all children, regardless of ability, are guaranteed a free and appropriate public education. This stands for FAPE. This requires schools to serve children ages 3-21. A child may not be excluded from a school district just because the district feels that they are too disabled to learn. This is at no cost to the parents. Zero Reject includes providing classroom instruction or providing transportation for the disabled child. Nondiscriminatory Identification and Evaluation The second component has two purposes. The first one is to actually determine if the student has a disability and the second is to be able to determine whether the student requires special education and to what extent. The evaluation test given to the student must be administered in the child’s primary language. It must be given by a qualified person and molded to fit the specific needs of the child. Therefore, it cannot just be an IQ test. Individualized Education Program An IEP should be written...
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...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 largely because the litigation process was and still is, unduly expensive- in the long-run and especially prolonged as a result of judicial technicalities embedded in that method of dispute resolution. Apart from the fact that businessmen and women now prefer...
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...another party has, or is about to negatively impact something that is important to the first party” (Robbins, 2006). The key word to note in this definition is “perceives”. Perceive is a concept that occurs within the mind. It is one’s interpretation of a situation or thing and does not necessarily have to be true. That might explain why on many occasions, a conflict that arises; may be unnecessary or misguided and result in wasted time. Causes of Conflict A s you may discern, the causes of conflict are numerous and each has their own accompanying challenges. Within the organization however, C. Brooklyn Derr in his book Major Causes of Organizational Conflict: Diagnosis for Action, stated that there are six (6) main causes of conflict: 1) The interpersonal disagreements that arise when one person is experiencing individual stress. People bring their whole selves to the workplace and they may be experiencing stress as a result of their membership in other organizations (e.g., voluntary groups, the family) or they may be working through psychological issues (e.g., depression, personality change, identity crisis). “One employee who lashes out inappropriately can cause a decline in a company’s general morale, can cause friction with colleagues, and may cause enough distraction that...
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...What is redundancy? Redundancy is not defined in the Employment Relations Act 2000 (“ERA”) but the commonly accepted definition today is that from the Labour Relations Act 1987. Section 184(5) of the Act defined redundancy as: … a situation where…[a] worker’s employment is terminated by the employer, the termination being attributable, wholly or mainly, to the fact that the position filled by that worker is, or will become, superfluous to the needs of the employer… The emphasis in the definition, and in the case law since redundancy has been a feature of New Zealand’s employment law jurisprudence, is on the position rather than the worker who occupies the position. The common law accepts the right of the employer to determine the structure of the business and, therefore, to make positions redundant subject to any redundancies being genuine and carried out in a fair and reasonable manner (G N Hale and Son Ltd v Wellington Caretakers etc IUOW) [1]. The ERA has overlaid this management prerogative with a statutory obligation to act in good faith, including specifically in relation to consultation over changes to the business (section 4(4)(c)), any proposal to contract out or sell or transfer all or part of the business (section 4(4)(d)) and making employees redundant (section 4(4)(e)). Acting in good faith means, amongst other things, where the employer is proposing to make a decision that could mean an employee’s employment is terminated, giving relevant employees access...
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.... ìGETTING TO NOî AN ANALYSIS OF FAILED MEDIATION IN THE ISRAELI-PALESTINIAN CONFLICT (1993-2000) Master of Arts in Law and Diplomacy Thesis Submitted by Ahsiya Posner 9 February 2003 Under the advisement of Professor Eileen Babbitt and Professor Diana Chigas ABSTRACT This paper will attempt this difficult but important task with the humble understanding that ìthe full storyî is impossible to know and telló even for the very participants of the process. Nevertheless, in this investigation, the author will explore four main questions. The first three questions are: 1) did the OPP set the Israelis and Palestinians on a trajectory that ìdoomedî CD2 from the start?; 2) were there problems inherent to the process and structure of CD2 that led to its failure?; and, 3) how should future mediation attempts of the Israeli-Palestinian conflict be structured in order to meet with more success? The fourth question, however, requires further introduction. The forthcoming study of CD2 will be guided by a ìProvisional Framework (PF)î of seven criteria that I believe are necessary ingredients to successful peacemaking processes. I devised this framework after consulting existing literature and scholars in the field of mediation and negotiation in general, as well as after reviewing scholarly pieces focusing on the Israel-Palestinian peace process in particular. Thus, after using this framework to analyze CD2, conclusions will thus be drawn with regard to a fourth and final question:...
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