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Alternative dispute resolution theories
Pros and cons alternative dispute resolution
Different between mediation and negotiation
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“When we talk about analytic versus intuitive decision-making, neither is good or bad. What is bad is if you use either of them in an inappropriate circumstance.” Preparation for mediation uses both these methods. While it is important have an opening statement, certain points you wish to cover, question outlines, and knowledge of background information when available; much of the actual mediation is left to chance. A good mediator needs to be able to think on their toes, always ready to react and assess the parties and their
When two people are involved in a dispute the scope is way less then when two countries are disagreeing. A major necessity is that both parties have to be willing to sit down and want to talk things out. Some keys
Janet Vargas SOC 370 Pros and Cons of Plea Bargaining Many criminal cases are resolved outside the court in which they will have both sides come to an agreement. An agreement made in a criminal case between a prosecutor and its defendant, before reaching a trial is a plea bargain. The prosecutor offers an opportunity to the defendant to plead guilty. By agreeing to plead guilty to a crime the defendant would in exchange get a prosecutor’s promise to convince the judge to reduce the sentence.
Plea Bargaining Plea bargaining is the negotiations between prosecutors and defense lawyers on how to resolve criminal charges (Fagin pg.177). The defendant carries the guilty plea in return for a reduction sentence or dismissal of some charges. Estimates state that 97% of federal cases have used this method without ever going to trial (Fagin pg.177). Once all sides agree, the actual sentencing is completely up to the judge, not the lawyers.
It is important to keep the groups small for mediation because smaller groups are more likely to be successful in mediation talks (Klerman and Klerman 692). While reducing the number of people at the table inevitably reduces the amount of voices that can be represented, the committees will still be large enough as to not marginalize significant voices. Each mediation must also have somebody controlling the discussion. In this instance, legislators in Florida will pass a bill allocating $200,000 to pay for professional mediators from the United States Department of Justice directing the discussion. A professional mediator can analyze the strengths and weaknesses of each case before setting expectations for the results (Klerman and Klerman 691).
The Good and the Bad Victims of domestic violence are not at fault for the abuse that is inflicted upon them. A lot of people ask why the victim stayed in the first place, but in some cases the answer is not always so simple. According to Why Do Abuse Victims Stay, “We often put ourselves in the place of the victims and imagine ourselves leaving at the first signs of abuse. But breaking free of abuse is not simply a matter of walking out the door. Leaving is a process.”
Assignment #2 Question 1: What is the purpose of tort law? What types of damages are available in tort lawsuits? Primarily, the purpose of tort law is to provide relief to injured parties for harms and/or damages caused by the person being sued for tort as well as to impose liability on parties responsible for the harm, which is ultimately aimed to deter others from committing harmful acts, whether intentional or unintentional. In tort law, damages extend not only to physical injury sustained and/or personal safety, but also to another person’s property, dignity, and reputation (emotional pain and suffering) that is recognized by statute or common law (protected interest) as a legitimate basis for liability.
3. Mediation Communications Mediator confidentiality for communications is essential to the success of mediation. But it is not an inviolable principle; there are certain cases where it will be encroached upon, lest in recognition of the public interest that a mediator fulfils. One way to approach this might be via a blanket rule with specific exceptions where society’s interest outweighs the interest of confidentiality. 3.1.
GRIEVANCES What is a grievance? Grievances are concerns, problems or complaints that employees raise with their employer. Issues that may cause grievances include: • terms and conditions of employment • working conditions • work relations • bullying and harassment • new working practices/organisational changes • discrimination Resolving an issue informally
Overall, I recognized that mediation is a much better choice than adjudication (Bishop, p. 38). Mediation not only restores relationships but it settles disputes and facilitates understanding, learning and growth (Bishop, p. 6). Additionally, the in class mediation made me realize that mediation is not linear. In a mediation, the mediator has to constantly adapt in order to move the parties closer to a solution. Furthermore, through the four in class mediations I realized that mediation could be applied to a wide variety of scenarios.
Mediation is their practice of focusing and letting go of worldly problems. However Hinduism incorporates the practice of Yoga into their mediation to focus on realms of the universe. Buddhism uses mediation to focus and reach enlightenment or Nirvana. Mediation is similar to Christianity's idea of prayer, to take time away from the world and focus on our religions
Conflict resolution happens often in the workplace that can either drive or disturb employees, supervisors, a team, and an entire organization. When supervisors allow conflict resolution to fester without taking immediate action, it can lead the organization into an unhealthy environment. In this paper, the topic for discussion will analyze various strategies that can be utilized to control and manage conflict resolution in the workplace, and the role of the supervisor during conflict resolution situations. In addition, a discussion will include how the workplace and its customers are impacted by a diverse workforce. Conflict Resolution Conflict in the workplace is inevitable, especially in a diverse workforce where employees possess different approaches to his or her job and come from various backgrounds, who share a common work space within an organization (SHRM, 2015).
Formal schemes include the Advisory, Conciliation and Arbitration Service (ACAS) which deals with disputes in many fields. Advantages The main advantages are that the parties may choose their own arbitrator, be it a technical expert or by a lawyer or by a professional arbitrator. This could save the expense of having to call upon an expert in the particular field and saving the need to explain technicalities to a judge. For example, a maritime dispute over damaged goods can be arbitrated by a person who is knowledgeable about the conventional practices in that industry; or that a software dispute concerning the adequacy of custom developed software
The term labour relations, refers to the system in which employers, employees and their representatives (management) and, the government who all interact and work together directly and indirectly to set the ground rules for working relationships inside and organization. labour relations has its roots stemming from the industrial revolution, where we saw the emergence of trade unions to represent workers and their rights. A labour relations system reflects the interaction between the main actors in the organization namely the government, the employer, trade unions and employees. Well set out labour relations in an organization safeguards fair labour practices, as well as contributes to long term success within the organization. There are multiple advantages to the Labor Relations Act, all of these advantages are put into place in order to protect the well being of the employee as well as the employer both on a fair and equal basis.
It is a particular type of third party involvement. The literature review explains the lack of agreement about the description of mediation, though Bercovitch explained an appropriate description. He explained mediation as a system of conflict management, linked to but particular from the parties' own attempts, where the conflicting parties or their representatives look the support, or accept an offer of support, from a person, group, organisation or state to modify, impact or impact their behaviour or perceptions, without resorting to physical force or appealing the legal authority”
