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Contract Dispute Essay

… Whenever one party rejects the resolutions, the party should clearly give reasons as to why, and the neutral party involved in the resolution should also consider the opposing party.

Neutral party is selected by mutual agreement of the conflicting parties, and the parties can submit their agreement after forty business days to the Conflict Resolution Officers if necessary. Alternative contract dispute can be binding or unbinding depending on the nature of the mutual agreement and understanding between the two conflicting parties involved, and also the nature of the form of conflict resolution to be used (Stalcup 1999).

Recommendations

Following disputes during the contract period of several government companies in the United States, several recommendations have been put forth to aid in a contract dispute resolution.…. [read more]


Alternative Dispute Resolution (ADR) Essay

… Divorce cases are easily resolved by using ADR, and this allows for easy caseflow management as judges only deal with cases that have no other method of resolution. Resolving divorce cases using ADR is good since the parties are more likely to comply with the agreed resolution. This ensures that the dispute will not be brought back to the courts, and the caseflow is not affected. Reducing the workload of courts is beneficial to the courts as they have an opportunity to concentrate on the cases that require court resolution. Judges are also relieved of the emotional burden they have to bear when dealing with divorce cases. According to Vu (2009)

the emotional tension of divorce cases has an effect on the judges and the…. [read more]


Alternative Discipline in Federal Research Paper

… Within the new mechanisms of Alternative Discipline, the tradition modalities that do not consider time management will all be abandoned. This means that more benefits will accrue to the individual citizens and the government as a whole (United States, 1968). Productivity also exists within the aspect of time keeping. The various commotions within the Alternative Discipline will ensure increased and effective production by the supervisors. These dockets have been delivering dismal results even with increased performance among workers. With an increase in supervisor productivity, the process of deciding officials and witnesses will be made easier (Congress, 2009).

With the presence of Alternative Discipline, the relationship between the supervisor and a disciplined employee will be raised to higher stakes unlike when traditional discipline was used. Traditional…. [read more]


Alternative Dispute Resolution Term Paper

… Alternative dispute resolution can provide important advantages over taking legal action, but only under specific conditions. While the advantages of dispute resolution are often touted, a careful look reveals that these advantages are not universal and automatic. Advantages like saving time and money, and improving the satisfaction of litigants, depend upon specific conditions like choosing the correct method of resolution for a specific scenario. As such, dispute resolution should be undertaken only after early screening of parties involved, eliminating unnecessary forms of resolution, and a careful section of the method of dispute resolution.

Overview of Alternative Dispute Resolution

Alternative dispute resolution describes the settling of disputes outside of a traditional legal arena (Legal Information Institute). Alternative dispute resolution can be used in almost any type…. [read more]


Alternative Dispute Resolutions Term Paper

… Alternative Dispute Resolution: Juvenile Courts

For some people, juvenile courts are a better alternative to other kinds of litigation. For others people however, these kinds of courts are not severe enough for the crimes that are committed, and the juveniles do not learn anything from them. Overall, there are both pros and cons to juvenile courts (Widom, 1992). On the pro-side, the juvenile can avoid actual litigation, so he or she will not then be stuck with a criminal record that is very hard to do anything about. Once a juvenile is branded a criminal, getting a job or attending certain schools can be much more difficult. On the con side, though, juvenile courts do not have very severe punishments compared to actual courts. The…. [read more]


Conflict Resolution or ADR Legal Psychological Term Paper

… Resolution

ALTERNATIVE DISPUTE RESOLUTION: LEGAL and PSYCHOLOGICAL

ASPECTS

The objective of this work is to examine the legal and psychological aspects of the different forms of alternative dispute resolution (ADR): negotiation, arbitration, mediation, summary jury trial. This work will answer the question of which types of cases this is best suited for and which cases are viewed as the best form of conflict resolution to prevent litigation and why.

Alternative Dispute Resolution is a process by which a third party offers assistance to those involved in a dispute in reaching a resolution that is agreeable to both parties and does through various techniques. ADR is the answer to conflict through cost avoidance, delays and the unpredictability associated with the "traditional adjudicatory processes while at the…. [read more]


ADR Alternative Dispute Resolution Term Paper

… Alternative Dispute Resolution (ADR)

Many theorists, including Nadja Alexander and Marian Roberts, begin their discussions of mediation by noting that it is a fairly new phenomenon in the field of formal dispute resolution. Nevertheless, the paradigm has gained increasing popularity over the last decades, particularly where family and divorce disputes are concerned. Indeed, where young children are involved, couples often prefer to resolve the dispute privately via mediation than publicly in court. In this way, negotiations remain amicable, or can become so with the help of therapy. John Haynes, a mediation expert, identifies the purpose of mediation as finding a mutually acceptable solution for both or all the disputing parties (Haynes 1). In order to do this, he suggests the following steps in the process…. [read more]


Dispute Resolution Process Term Paper

… ¶ … resolution model. The writer explores a viable model for dispute resolution and provides the details of that process in this paper. The writer illustrates decision making, power of those involved, low cost for the process and how it will be effective for those that use the model. There were three sources used to complete this paper.

Grievance Procedure Model

Companies of all types and sizes have to deal with problems. Whether it is an employee that becomes disgruntled because he did not get the raise he believed he deserved, or it is an entire department filing a complaint over the lack of a lunch room table, companies that are open are companies that have complaints within them. For any company to run smoothly…. [read more]


Contract Dispute Resolution Essay

… That is due to several factors, including the backlog in the court system and the cost of hiring lawyers. If one wants to use judicial processes to resolve a contract dispute, one needs to have the ability to get a good lawyer and the time to wait for a court date, proceedings, and the decision of the judge. This kind of dispute resolution is more common with larger companies that have the kind of funds (and the kind of time) required in order to get through the court system. There is also a higher degree of stress that comes along with this type of contract dispute resolution, and that is something for which the parties to the judicial processes need to be prepared (ABA, 2011).…. [read more]


Team Leadership Conflict Resolution Term Paper

… ¶ … Team Building and Conflict Resolution

Teamwork and teambuilding are touted in all management, business and organizational newspaper articles, magazines and books, yet numerous companies either pay lip service to this tool or do not use it at all in their structure. Yet, it is an essential tool for internal and external effectiveness. In order for an organization to have high-quality products and services and be globally competitive, it needs people who are supportive and work together toward its mission and goals. If any conflict exists among employees, this will become a barrier in reaching strategy. Conflict resolution can be addressed through team efforts and lead to increased communication, consensus decisions and positive results. Unfortunately, too many companies do not consider the importance of…. [read more]


Conflict Resolution Essay

… Getting people involved helps to spark creative energy and build commitment for turning ideas into action! Be sure to discuss any additional resources or support that might be needed in order to follow through on each suggested solution.

(4) Agree. At this point, the group will decide on a plan of action, including the ways in which they'll support those who must take action. You'll also want to agree on what follow-up actions are necessary, whether it's another meeting or a series of monthly reports to track progress.

(5) Close. Summarize the plan for resolution and check that everyone is clear on what needs to be done! (American Sentinel University, 2011, p.1)

The work of Heimer (2011) reports that research has stated conclusions that "styles…. [read more]


International Disputes When Business Internationally Essay

… Arbitration is underlined by a philosophy that an agreeable arrangement can be reached for all parties. "The enforceability of a court judgment vs. that of an arbitral award also favors using arbitration. No effective international treaty facilitates the enforcement of foreign judgments whereas the same is not true with respect to arbitral awards…June 2008 marked the 50th anniversary of the 1958 signing of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the New York Convention" (Aliment 2009: 13).

However, when engaging in discussions about how to conduct the arbitration, care must be taken to ensure both parties are well aware of the different approaches of both of their legal systems. Even when it comes to arbitration, "the…. [read more]


Collaboration and Conflict Resolution Essay

… The checklist involved in implementing these ground rules is decidedly lengthy, and requires taking account of logistics that will counteract participants viewing the process from an emotional perspective and instead seeing it as a rational opportunity to better the academic prowess of school children. The authors list a number of techniques that one can employ to effectively mitigate emotional issues, including allow individuals to clear the air of any past issues by having a single opportunity to discuss them, uninterrupted, before all present, and then to never bring them up again (Melamed and Reiman, 2006). Other options include utilizing private feedback, taking a group temperature (to gauge how emotionally charged the parties are in order to see how productive a particular session can be), and…. [read more]


Conflict Resolution: Scenario Analysis Research Paper

… Scenario 4: A University professor teaching ethics is frustrated with his Chinese students because they have difficulty in speaking English. The professor always marks down their grades for grammatical syntax and spelling. During class he makes a remark saying "We're in America, you should learn to speak English" to one of his international students. The student becomes embarrassed and finds it even harder to answer. There is a long period of silence as the professor continues to mock her/him. Is this prejudice? If so, shouldn't a professor rise above his own prejudices? The student does not report the ethics professor to the Dean of the Department.

Scenario 5: A race car instructor believes women drivers are dangerous. At work, twenty four students show up with…. [read more]


Alternative Dispute Resolution Thesis

… ADR

Alternative Dispute Resolution

Through almost all of its history, the U.S. legal system has been an adversarial system, characterized by two parties entering into a legal dispute, with only one party emerging as the winner. The two sides have traditionally come together in conflict and the legal system has done little to repair underlying relationships or ensure satisfaction from both parties. Alternative dispute resolution (ADR) has changed the face of justice in America. With ADR, both parties can expect to find some sort of justice and satisfaction from the resolution to a legal dispute. This is due to the fact that ADR permits a broader range of solutions than those established by law. ADR permits the parties to get to the root of the…. [read more]


Conflict Resolution History of the Dispute Term Paper

… Conflict Resolution

History of the Dispute Resolution Movement

Reasons to Employ Conflict Resolution

Conflict Resolution

Types of Conflict

Family

Business

New Trends in Conflict Resolution

Alternative Dispute Resolution

The Future of Conflict Resolution

Conflict resolution is, in its simplest form an attempt by two or more parties to reach and agreement that meets the needs of all parties, without excluding the voice of either and within the range of the ability of both parties to compromise in the face of any given conflict.

The trend toward settling disputes on every level is moving in the clear direction of conflict resolution as a first and/or even last resort, as a result of the desire of many individuals and entities to clearly outline the nature of the…. [read more]


HR Management Alternative Dispute Resolution Systems Essay

… HR Management

Alternative dispute resolution systems are dispute resolution systems that fall outside of the prescribed judicial process. Within an organization, there may be a small set of rules governing dispute resolution, but typically there will be no formal adjudication process. As a result, other means must be found to resolve disputes. Some ADR processes are relatively formal themselves, but only within the confines of the one unique situation.

Alternative dispute resolution systems are increasing in use for a number of reasons. In many cases, formal adjudication of disputes is a costly and time-consuming process. In that situation, it may be in the best interests of the parties to find more efficient means of reaching resolution. Another reason is that ADRs are flexible. Unlike formal…. [read more]


Alternate Dispute Resolution Mediation Term Paper

… Defense lawyers, comfortable with the familiar litigation process and the large hourly fees it generates, typically do not aggressively pursue post-claim ADR agreements. (Ellis, 1996)

Given the difficulty in obtaining ADR agreements after a dispute arises, professionals who want to use mediation, ADR, or arbitration should consider asking all clients, or selected clients, to agree to the ADR concept, and sign an ADR agreement prior to the presence of a dispute rather than after. Clients are typically more inclined to agree to ADR before a dispute arises and before becoming emotionally charged in an issue. For this reason, the use of pre-dispute ADR agreements also gives the professional service provider more leeway in dictating the specific terms of the ADR process.

Mediation advocates assert that…. [read more]


Mediation Online Dispute Resolution Research Proposal

… Mediation: Online Dispute Resolution

Online interaction has risen dramatically over the last decade. According to data published by Nielsen Online, the International Telecommunications Union, GfK, and local regulators, as of December 31st, 2000, there were 360,985,492 Internet users. By September 30th, 2009, that figure had grown by more than 380% to 1,733,933,741 Internet users ("World Internet," 2009). This increase in online interaction has lead to an increase in online dispute resolution.

This paper will compare and contrast online dispute resolution with face-to-face mediation. An overview of each concept will first be provided. This will then be followed with an exploration of the success rates of online dispute resolution specifically. Lastly, a discussion of the challenges faced in online dispute resolution that make it a far…. [read more]


Prevention and Early Resolution of Workplace Conflict Capstone Project

… Prevention and Early Resolution of Workplace Conflict

To better understand the topic, this paper begins with an overview of the concept of workplace conflict. A discussion regarding workplace conflict prevention is then given. This is followed by a discussion of early detection of conflict in the workplace. Lastly, effective resolution of workplace conflict is presented.

In today's hyper-competitive, increasingly globalized business world, organizations have to operate as efficiently and effectively as possible. One of organization's most valuable resources to remain competitive is their human resources. In addition, organization's are increasingly turning towards teams to further facilitate productivity. When workplace conflict arises, it negatively affects morale and productivity. This can result in not only lost profits, for the organization, but in increased employee turnover, which further…. [read more]


Conflict Resolution Analysis Term Paper

… Sociology - Conflict Resolution

CASE ANALYSIS and CONFLICT RESOLUTION

As parent of two growing boys, my partner and I have certainly experienced our share of conflicts that required resolutions over the years. Sometimes, these conflicts relate to disagreements with our parental decisions; other times, they have more to do with negotiating fair resolutions in disputes between the boys themselves. Luckily, with one of our sons ready to graduate from high school and the other already settled into college as a sophomore, most of the conflicts, trials, and tribulations of childhood and adolescence are in our past. Nevertheless, in retrospect, my partner and I have both learned a tremendous amount about human nature, negotiating solutions to conflicts, anticipating potential triggers for conflict, as well as almost…. [read more]


Conflict Resolution in the Middle Term Paper

… The pro-Israel camp has its own lobbies, organizations, think tanks, magazines, support groups, Internet user groups, etc. that strives hard to establish that the Arabs are wrong and they are right. The Israelis pose to be more outstanding in morality than the Arabs. Similarly the lobbies, organizations, think tanks, magazines, support groups, Internet user groups, etc. existing in the side of pro-Arab camps strives hard to establish that the Israelis are wrong and they are right. They also announce in similar fashion that they are morally more upstanding in comparison to the Israelis. Both of the groups are accusing each other labeling allegation that the other is morally deficient, the other is not acting nicely and because of the other that they are not arriving…. [read more]


Conflict Resolution at General Hospital Case Study

… Conflict Resolution at General Hospital

The conflict occurring at General Hospital can also be called substantive conflict, this occurs when the parties involved disagree on an issue. (Bacal, n.d., para. 4) The issue at hand is the ability of the physicians to cut costs. Hammer feels that there are simple ways to cut physician costs, just do it. However, physicians argue that to cut cost will cut the quality of care that is being provided to the patient. In most situations one would hope that there could be a median, unfortunately there was not one in this case study. The conflict arose from the fact that Hammer was not willing to view the cuts from the prospective of the physician, nor did he ask them…. [read more]


Conflict Resolution in Healthcare Term Paper

… This helps encourage equality and a feeling of personal strength. Allowing all the people involved to feel like they are on equal footing is very important in the successful resolution process. Attempting to resolve the conflicts in the early stages of discussion is also important, and so is efficient communication between all the parties. The institution also needs to create a protected and neutral environment for discussion and initial problem solving. This lets the parties know they are not in litigation, but rather in discussion. The organization also needs to make sure that relationships are improved or preserved throughout the process, and that they do not break down or deteriorate as the process continues. And finally, the institution should be adaptable and open to change,…. [read more]


Mediating / Negotiating Conflict Resolution: Moving Term Paper

… Mediating / Negotiating

Conflict Resolution: Moving Towards a Collaborative Style

What would it take to move someone else from their routine style of handling conflict, to a collaborative style of resolving conflict? What could you do to move a small group to a collaborative style?

Much of what we engage in on a daily basis is habit, from what we eat, to what we wear, and to also how we manage conflict. Like bad habits, ineffective strategies and personal styles of conflict management can be difficult to change. It is important to remember that workplace conflict may be inevitable, but it is not inevitable that the habit of conflict resolution that has evolved within a specific work team will be the most effective strategy to…. [read more]


Conflict Resolution Is a Difficult Article Critique

… If conflicts are not dealt with in one of these manners, it is more likely that the issue will progress to the point where the financial situation of the business is jeopardized including legal action between the conflicting parties.

In investigation the roles related to conflict resolution, it has become necessary to find clear definitions of the terms in order to determine a plan of action for my own organization both in the present and in the future. Based on my own personality and skill set, I believed that I can function as either a negotiator or facilitator most easily should personal conflicts arise. However, if I am directly involved with the conflict with either employers or employees sometime in the future, then I will…. [read more]


Conflict Resolution and Post Conflict Reconstruction in the International System Thesis

… International Relations

Conflict Resolution and Post-Conflict Resolution in the International System

Conflict is a fact of international relations. States make war on each other and, factions within states disturb internal order. Prior to 1945, the victorious party usually destroyed, punished, or absorbed the loser. Empires were created and dismantled. Civil wars ended in the assumption of control by a particular group. The vanquished lost their freedom or struggled to pay indemnities and tributes. Yet the destruction wrought by war can have lasting consequences. As World War II demonstrated, it is often better to build up ones former rivals than to leave them to cope with the aftermath of conflict. Catastrophic destruction and displacement can breed further conflict. Resentments stir popular movements. The aggrieved parties become…. [read more]


Effectiveness of the Dispute Resolution Process Term Paper

… Mortgage Company

Effectiveness of the Alternative Dispute Resolution Process

The purpose of this work is the identify dispute either in the past or that is current within a Mortgage Company Organization that has been resolved informally or has resulted in some form of legal process such as grievance, agency complaint, arbitration or litigations. This work will summarize the dispute and then perform an analysis of the effectiveness of the dispute resolution process.

In the work entitled "Class Actions as Alternative Dispute Resolution" written by John C. Kleefeld and published in the Osgoode Hall Law Journal stated is that: "At its most basic level, ADR [alternative dispute resolution] theory and practice contrasts a world in which disputes are processed by "rights talk" with a world of…. [read more]


Dispute System Design for Saudi Arabian Airlines Term Paper

… Saudi Arabian Airlines

The airline seems to be riddled with problems most of which the writers of the article attribute to the HR department, but it seems to me the problems are reducible to certain factors that figure throughout the industry.

The prime problems seems to be that the airline is constructed on relationship rather than merit and so you have people being employed and paid according to their connections with the royal family and with other powerful individuals rather than based on their particular deservance. Similar issues run throughout the company.

Working as a top-down company and with divisions closely associated with and in touch with each other, the company's interests are their own rather than reflective of the client making them supercilious, judgmental,…. [read more]


Social Media Thesis

… In these contexts, direct communication between disputants that explicitly addresses the issues at stake in the conflict can be perceived as very rude, making the conflict worse and delaying resolution. Rather, it can make sense to involve religious, tribal or community leaders, communicate difficult truths indirectly through a third party, and make suggestions through stories (Augsberger, 1992).

Intercultural conflicts are often the most difficult to resolve because the expectations of the disputants can be very different, and there is much occasion for misunderstanding. This is where the global and multicultural nature of social media is seen as a common ground for arbitration and conflict resolution. The use of social media or social networks for resolving conflicts has yet to be empirically researched and evaluated from…. [read more]

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