wishing to file a suit can either use the traditional litigation system or nontraditional forms of alternative dispute resolution (ADR) methods. The traditional system and ADR both provide advantages and disadvantages for which this author will compare and contrast them to identify the pros and cons. In the United States, the traditional litigation system involves the courts resolving disputes by following the procedural steps of the civil court system. The system is adversarial and requires
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Support your response. An alternative dispute resolution is any formal or informal process used to settle disputes without resorting to a trial. There are three types of alternative dispute resolution one mediation that entails a neutral third party that navigates disputing parties towards a voluntary settlement. Second, arbitration is similar to mediation but has the authority to enforce a binding decision. The third of alternative dispute resolution are negotiation these are discussions that lead
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3. A bona fide occupational qualification allows a. exemption from the Fourteenth Amendment b. seniority systems C. discrimination to be permissible when a qualification is considered reasonably necessary to the operation of the business or enterprise d. random drug testing Some specific job requirements allow discrimination based on the needs of the job position. For example, a job requiring heavy lifting of 50
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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
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the negotiation. Three of the most common types of communication problems are parties refusing to talk to each other, parties are not listening to each other, and when parties misunderstand or misinterpret each other. The actions that I would take to address major communication issues in a situation are (1) separate the people from the problem, (2) focus on interests, not positions, (3) invent options for mutual gain, (4) insist on objective criteria and (5) know what your alternatives are
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Case Study – Breach of Contract Does providing products below specified requirements violate the contract? Manufacturer versus the supplier The issue Sterling, Inc. had a working relation with NoBugs Corporation. NoBugs was responsible for the provision of high-quality standards of microchips to facilitate the creation of exquisite computers by Sterling, Inc. However, in a particular period NoBugs Corporation, as per the investigations, produces chips that were below the required specifications.
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Contracts: Offer and Acceptance Iris M. Rodriguez LAW 531 November 30, 2011 Jonathan Beyer Contracts: Offer and Acceptance Quick Tape Video is a television Production Company experiencing difficulties with the operation of outdated editing equipment. The editing equipment has been outdated for over 10 years. The post-production supervisor, Janet Mason, is advocating replacing
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increasingly more diverse in recent years – with particular attention to innovative perspectives that facilitate better understanding of conflict resolution and improve approaches to conflict management. Managing conflict is undoubtedly one of the most critically important dimensions of the management of the employer-employee relationship. While conflicts or disputes are a natural result of the structure and operations of the workplace, employers need efficient ways to resolve such conflict quickly and
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an organization as “born out of negotiations”. The WTO of today was created on January 1, 1995 and is comprised of 153 countries as of February 2011. The WTO’s mission statement centers around 3 agreements between its members: The General Agreement on Tariffs and Trade (GATT), the General Agreement on Trade in Services (GATS), and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) (WTO, 2012). The WTO also serves the function of settling disputes between members and reviewing trade
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not only legal-minded, but able to function as the point of human interface for a corporation, bringing in a more personal feel to a brand (Denmark, 2013). The entire scope of social media requires an individual who can make the best case for the business that they represent when faced with the need to exercise a very specific set of legal judgments. These situations will become very context-specific due to a company’s dedication to their product. Marketing and sales of a product online suggests
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