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Mediation Scenario Professional Writing

… Mediation Scenario

Describe and analyze the ethical and legal issues involved in this case.

One of the ethical issues in this case is the development of the ability to remain neutral in the mediation process. This might prove to be an ethical dilemma in the process of mediation if there is dislike for one of the couples. There is also the ethical issue on what is best for the development of children. In order to ensure that the children in this context develop effectively and appropriately as human beings, it is crucial for the mediation process to achieve applicable decision or agreement. Another ethical issue that might prove crucial during the mediation is the essence of domestic violence. Mediation process must outline the source of…. [read more]


Common Driveway Case Case Study

… ¶ … Driveway Case

Disputes can cause serious stress and even violence if they are not dealt with in a thorough and professional way. When the dispute is between neighbors, the stakes are always high because a condition of neighborhood peace and cooperation is vital in terms of the dynamics of healthy, happy daily living. The thrust of this paper revolves around appropriate dispute resolution (ADR), when it is needed, how it would help the Wilson family resolve their parking dispute, how it is administered, what the mediator needs to do, and what forms of ADR are available to people when a serious dispute arises.

What are the most effective dispute resolution processes?

Before going into the specific case involving the Wilson and Green families,…. [read more]


Church and Mediation Services Term Paper

… ¶ … Ministry Mediation Proposal

Purpose of the ministry

CMC isn't involved itself with courts and legal proceedings. However, it works to close the gap between parents, adults, children ranging from 15 to 18 years of age along with single parents. The reasons are multiple however. They help in reaching a plausible solution for their fellow Christians (Buelle, 2005). The mediators won't decide the result of a disagreement but they will help in attaining plausible solutions. They are unbiased jury, who works for reaching an understanding and promote dialogue, recognizing the demands and requirements, offer brainstorming services as well along with problem solving methods. These methods will be used to attain logical agreements and make decisions viable for both parties (Boulle, 2005). CMC is different…. [read more]


Mediation Qualification Law Term Paper

… Mediation Law and North Carolina

Mediation Law

Mediation Qualification Law and North Carolina

The state of North Carolina has defined mediation in its legislation as an unofficial process facilitated by a mediator whose goal it is to help all parties voluntarily reach a mutually acceptable resolution to their dispute (Clark, Ellen, McCormick, 1996). Mediators are intended to play the role of a neutral third party that can help the individuals create their own settlements (Clark et al., 1996). A mediator does not have the authority to determine or assign a settlement rather they lead the parties through a structure process during which solutions can be generated (Clark et al., 1996). Mediation requires collaborative efforts on the part of all parties in order to ensure an…. [read more]


Mediation, a Process in Which a Third-Party Term Paper

… Mediation, a process in which a third-party neutral, called the mediator, acts as a facilitator to assist in resolving a dispute between two or more parties, is now widely recognized as an effective dispute resolution process that can be used in a variety of situations ranging from long-standing international disputes, a morale-affecting workplace conflict to a common marital dispute between married couples. It is a nonbinding, non-adversarial dispute resolution technique in which the disputing parties voluntarily attempt to reach a mutually agreeable resolution of their dispute. Although the parties may communicate directly during the mediation process, the role of the mediator is to facilitate communication between the parties, assist them in focusing on the real issues of the dispute, generate options for settlement, explain the…. [read more]


Family Law Amendment (Shared Parental Case Study

… In the report, the counselor noted that since -- in his reasonable estimation - N had grown attached to both parents, ideally, [her] best interests required her to have frequent and liberal relations with both the mother and the father. Rather than recommending that course, however, the counselor noted that should the court order Ms [U] to remain in Australia in order to facilitate contact between their daughter and her father, it was uncertain how Ms [U's] distress would manifest itself. The implications of such an arrangement for [N] were also uncertain. The mother's present preoccupation with going back to India, however, indicated that the degree of distress might be quite devastating.

The counselor further noted that Ms [U]'s preoccupation with residing in India would…. [read more]


Family Group Conference in New Zealand Term Paper

… Family Group Conference in New Zealand

New Zealand launched a revolutionary and visionary package of legislation in 1989 called the Children, Young Persons and their Families Act - and from that bill the Family Group Conference (FGC) was born. The notion setting the stage for this new law was that there was a need for far greater participation by family members and community members when there is an instance of youthful lawbreaking. In terms of the management of the child from that point on, and discipline the child should receive, and the cultural and social implications of the process of justice, the FGC was viewed as not only important but also vitally necessary. It was, as Nicola Atwool and Cindy Kiro of the Office of…. [read more]


Corporate Civil Procedure and Constitutional Law Term Paper

… Gilbert Law Summaries: Constitutional Law by Jesse Choper

The United States Constitution is the foremost legal authority for laws created in the United States. Though the Constitution is a federal document, it applies to all laws at every level in the United States. Therefore, any law that fails to comport to constitutional standards is illegal. The Constitution specifically prohibits certain types of laws and also dictates which branch of government has the power to enact certain types of legislation. This essay provides a brief overview of several of the key factors in constitutional law, including the areas where a practitioner is most likely to encounter constitutional issues.

Powers of the Federal Government

While the Constitution appears to establish the supremacy of the Supreme Court's decisions,…. [read more]


Sociology Family Violence Unfortunately, in Our Society Term Paper

… Sociology

Family Violence

Unfortunately, in our society there are many different types of family violence, from Battered Child Syndrome (BCS) to dating violence and domestic violence. Family violence also includes neglect, abuse, and even parental abuse of aged parents. Perhaps the most important thing to remember about family violence is that it affects the entire family, not just the people involved in the violence. One researcher writes, "It not only affects the victims, it touches the lives of their parents, children, co-workers, and friends. It emotionally and physically influences so much more than we ever thought" (Dalpiaz xv). Thus, when a family is involved in family violence, the ripples from that violence spread farther than many people recognize or acknowledge.

Family violence may be defined…. [read more]


Arbitration and Its Relation to Family Law Term Paper

… Arbitration and Its Relation to Family Law

Arbitration "Wait 'til court and see what the judge decides." Two increasingly popular, alternative dispute resolution methods to the often tension tainted threat, "wait 'til court and see what the judge decides," arbitration and mediation, can currently serve as a remedy to some conflicts in family law, as well as help resolve some litigation shortcomings. Some individuals, however, whether at their worst or best, admit they do not understand the difference between arbitration and mediation. Originally, the Federal Arbitration Act (FAA) constituted a procedural statute designed for commercial arbitration between business entities.

Currently, no matter what the cause of action, when a contract falls within the Commerce Clause's reach, the FAA creates a preference for arbitration over litigation.…. [read more]


Mediation or Any Other Alternative Dispute Resolution Essay

… ¶ … mediation or any other alternative dispute resolution method is appropriate in stances of child abuse and neglect. In recent years, mediation has been used to help resolve issues in cases of child abuse or neglect. This type of mediation is often referred to as child protection or dependency mediation. Mediation is used at virtually every stage of litigation in these cases, including prior to adjudication, review, permanency planning, and termination of parental rights hearings (Lande, J., p. 1). Since the 1990s child mediation programs are operative in Arizona, Arkansas, California, Colorado, Connecticut, Florida, Iowa, Michigan, Ohio, and Texas, California, Connecticut, Florida, and Ohio (see Lande ibid). Evaluations of five child protection mediation programs in California (Thoennes, N. & Pearson, J. (November 1995) and…. [read more]


Science Marches Forward, Reproductive Cloning Essay

… There are a range of various opinions about this practice, however in many jurisdictions judges are recognizing it as a best practice and the development is growing exponentially (Edwards, 2008). It has shown promise to also help in cases where there is either child abuse and/or neglect in an array of circumstances. It seems to be the best fit when both parents are committed to changing their behaviors for the purpose of the child's best interest. If there is not a commitment from both parents for change, then the matters are most likely best handled in an alternate venue. Children can potentially be involved in certain circumstances if they are of the aged in which they can fully communicate their positions, such as teenaged children.…. [read more]


Foundations of Business Law Australia Essay

… Business

Foundations of Business Law in Australia

(a) In that case, the plaintiff and defendant were engaged to be married but the engagement had come to an end. Both parties asserted to be entitled to the diamond engagement ring given by the defendant, Mr. Sellar, to the plaintiff, Miss Cohen. No express condition came with the delivery of the ring. Unhappy differences soon arose between the two and the engagement was broken. The issue to be decided is whether Miss Cohen should return the engagement ring to Mr. Sellar (Lecture Five: Principle of Precedent, n.d.).

(b) The Action is set down for trial in High Court (King's Bench Division) before a civil jury. Sellar also sued Cohen in the County Court for return of the…. [read more]


Dispute Resolution the Growing Trend of Mediation in the Oil and Gas Industry Research Paper

… Business law is becoming increasingly complex, and the oil and gas companies that experience litigation suits from lessees dissatisfied with their contract or experience may well find themselves facing additional complexities in court particularly since public policy favors an increase in production of oil and gas and may be less patient for traditional methods used in its production 1. It is in this manner that parties and courts will face new issues in covenant litigation, whilst parties will spend enormous amounts of time and money in endless litigation before eventuating in, potential future acrimony. This is the conventional litigious procedure that mediation succeeds in circumventing.

The benefits of mediation are well-known. According to Boulle, 2 for instance, surveys of those who have participated in mediation…. [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]


Resolution the Scenario Essay

… ¶ … Resolution

The scenario for this case study is as follows: Sue and Tom are business partners. They have a partnership in which they purchase and renovate homes and apartment buildings. They have worked together as partners for five years and currently own seven properties. A few months ago they talked about purchasing another property. Sue was in favor of the purchase but Tom was not sure because he believed the asking price was too high. Tom told Sue he would let her know his decision by a specific date. On the date that he was suppose to give his answer he was out-of-town on vacation. Two days later Sue purchased the property in her name. When Tom returned, he told Sue he thought…. [read more]


Why Civil Cases Take so Long to Get to Trial Term Paper

… ¶ … TRIAL' IS OFTEN MORE LENGTHY in CIVIL CASES as COMPARED to CRIMINAL CASES

This memorandum has been prepared for the express purpose of providing information concerning the reasons that civil cases often take much longer to come to trial than do criminal cases. There are various factors that are held to be causal in delaying civil cases in reaching the trial phase and this memorandum intends to identify those factors as well as explaining why criminal cases often reach trial much earlier. Finally, this memorandum will explore the role that attorneys play in the delays in going to trial in civil cases and the ethical questions surrounding these delays.

OVERVIEW of CIVIL and CRIMINAL CASE FACTS

There are basic differences between criminal and…. [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]


Setting Essay

… The accusations would have to be proven and convicted in a court of law, which would require time and resource consumption.

In the case of the civil law system applied to the business community, this is characterized by a lower degree of free contract, which means that the business contracts are more standardized and better regulated by the state. Subsequently, this offers better protection in cases of wrongful doing by others, but it also limits the freedom of business operations.

In such a setting then, the final choice is that for a common law system, since this would better stimulate economic activity, and the overall development of the society. This virtually means that the business activities would be completed based on mutual trust and respect…. [read more]


Mediation in Family Law Cases Term Paper

… They have a problem with authority because with uninvolved parents they did not have authority figures. These children do not know what love is or how to love so they begin to fall into the wrong groups and place that label to what they feel is love which can harm them. All of these parenting styles have a major impact on the way children grow, see and present themselves and entail behavioral consequences, whether good or bad. They learn from what they see and how they are treated within the home. One can read all about parenting style from a book, but the real world is not that simple. There are parents who may be open with their children, let them make their own, decisions…. [read more]


Political Socialization Term Paper

… Such concern, nevertheless, acknowledges that the mass media is an important learning tool for the political socialization of the public.

Arguments that Political Socialization is an Innate Process

Some people argue that people having similar social background, income or education levels, a common religion, race or gender share largely similar political views; hence political socialization is more of an innate rather than a learned process. While there is no denying the fact that similar opinions on political issues are likely to be shared by people belonging to the same religion, race, gender, income group or social background, such similarity is developed not due to an inborn capacity in individuals but through shared economic or material considerations.

For example, the reason why businessmen, are likely to…. [read more]


Wind Won't Know Me Book Case Study

… Wind Won't Know My Name

The Wind Won't Know Me: A History of the Navajo-Hopi Land Dispute. Even though ethno-historian, author and Indian researcher David Brugge referred to Emily Benedek's handling of the enormous volume of material she tackled as "superficial," Brugge acknowledges that in Benedek's personal observations she "succeed remarkably well" (Brugge, 1994). Brugge has justification -- or perhaps an axe to grind? -- for his editorial viewpoint since he too has written a book on the Navajo-Hopi conflict. Brugge complains that in her book Benedek does not handle information written by others well at all and he is chagrined that she identifies "virtually every author as an anthropologist," even though the author she alludes to might be a journalist, a historian, or just…. [read more]


Laws Affecting the Human Resources Industry Term Paper

… ¶ … Laws Affecting the Human Resources Industry

In today's hypercompetitive, globalized economy, businesses must operate as efficiently and effectively as possible. Even the slightest inefficiency can harm an organization's competitiveness and be detrimental to their profitability. For this reason, each facet of the organization is now typically underneath the microscope to see what improvements can be made, including Human Resources.

In the beginning of Human Resources, the human resource role was merely seen as a secretarial type role. Human resource personnel were charged with merely keeping records of the employees within an organization and had little to no say in the direction or strategies the organization was undertaking. Today, that role has changed.

As organizations began to realize the importance of not only retaining…. [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]


Copying the Quote Essay

… ¶ … copying the quote or paraphrase and the quote and outline how you will structure the essay, and add the thesis statement.

"IT and the Internet have provided stiff competition for the phone, the ledger, the library, and the filing cabinet, but the substantive work of lawyers has yet to be reconfigured" (R Susskind, the End of Lawyers? (OUP 2010, p 21).

Although technology has been immensely positive to the legal profession, as this essay, will show, it also presents grave challenges to the extent that critics question whether legal profession as we know it will be enabled to survive.

This essay reviews both benefits and threats of technology to the legal profession and concludes that, ominous though some of these disruptive innovative features…. [read more]


Legal Environment of Business Term Paper

… Legal Business Environment

Legal Environment of Business

Modern businesses have to operate under a variety of laws and regulations. The business manger has to ensure that all federal and state mandate laws are followed to avoid litigation and penalties. In addition to the laws on the books the businesses also have to be sensitive to the public opinion and ethics. Some of the ethical issues are covered by law but others may be related to the public image of the company and may be of equal importance to some businesses.

TRENDS IN LEGAL DECISION-MAKING

Interaction between Ethics and Law

As ethics and law increasingly become interwoven, it is becoming more and more difficult to create distinction between the two. Both ethics and law deal with…. [read more]


Judicial System Essay

… With the need to manage the system efficiently and ensure a fair and speedy trial for all, the court has taken many advances to move cases along. The future of the judicial system looks equally promising. Where once lawyers and judges held separate roles in the adversarial system, modern judges are becoming more and more active in moving their cases through the system in a just and less adversarial way. For instance, modern judges oversee activities such as settlement meetings or forcing the parties to come together and seeking a means of closing their case before it ever reaches the trial phase. Where once judges were expected to simply determine the final outcome of a trial, modern judges are leaving greater fingerprints on the trials…. [read more]


Ethical Advantages and Disadvantages Research Paper

… This event prompted Dubofsky (2007) and a number of other observers to ask, "Should judges be subject to term limits? If so, how long should a judge serve?" (p. 316).

Based on the fundamental differences between the judiciary and other branches of government in the U.S., though, Dubofsky (2007) suggests that term limits for judges "reflects a misunderstanding of the differences in our three branches of government and the need for independent courts" (p. 316). In support of this argument, Dubofsky cites the following reasons against an example 10-year term limit for judges:

1. Accountability already exists through the merit system for appointment, judicial performance review, and retention elections;

2. A maximum service of 10 years is too short for a judgeship applicant to give…. [read more]


Function of Any Responsible Business Essay

… This provision specifieses that in the event of unforeseen problems, either party may request a redrafting of the contract. While it is up to both parties to determine if the redrafting is warranted, this at least lets the parties know that they can change the contract if necessary.

Finally, damage provisions are a must in contracts. There must be specific outlined penalties for late completion, failed inspections, damaged goods or anything else that may affect the value of the finished project. By specifying the damages in the contract, you once again protect yourself from intruding judges who are at liberty to select an amount for the parties.

Even when a traditional contract is completely valid, there are always special circumstances that require additional consideration. Every…. [read more]


Legal Risk Arising From Wrongful Essay

… S. Supreme Court case Pennsylvania State Police vs. Suders. In this case, the court ruled that when sexual or gender harassment is taking place, it is creating an unequal work environment for the employee (which is a violation of Title VII of the Civil Rights Act of 1964). (Cheeseman, 2010, pp. 511 -- 527)

Analysis

In this situation NewCorp has responsibility to protect Paula by creating a work environment that will prevent Sam's aggressive behavior. As a result, the company must take some kind of aggressive action to mitigate possible litigation. The most notable steps that can be taken to address the problem include: transferring Paula to the department that she is requesting, terminating Sam from the company and transferring Sam to another division (where…. [read more]

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