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Litigation vs alternative dispute resolutions
Conflict resolution strategies
Conflict resolution strategies
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Recommended: Litigation vs alternative dispute resolutions
The mediation process starts by the agreement of two people whom are willing to bring in a neutral third party to settle a dispute between them. It can start almost anytime because it is the decision between the two parties. That being said it is obvious that mediation can start before a case is ever filed or as late as before a decision was ever made by the courts. To find a balanced agreement the mediator meets with both people disputing the case. He will meet with them together and privately. The mediator helps find a solution to resolve the case in only a few hours. Statistics have proven that 85% of commercial matters and 95% of personal injury matters end in written settlement agreements. Any type of civil dispute can be settled through a mediator if they choose to do so. When people use a mediator they directly get involved in the final decision and they have options that have never been thought of. Some more advantages is that it can be a fast process than going to court, it saves money, it sometimes keeps business relations, and creates ways for special needs.
When a party decides to use arbitration to come up with a decision the most important step in the process is the agreement to arbitrate. This agreement can be the form of a future dispute arbitration clause in a contract or, if the party did not submit for arbitration in advance it then it can take the form of a submission of an existing case to arbitration. If parties want to provide for arbitration of futur...
Sue contracts with Tom to deliver a quantity of computers to Sue’s Computer Store. They disagree over the amount, the delivery date, the price, and the quality. Sue files a suit against Tom in a state court. Their state requires that their dispute be submitted to mediation or nonbinding arbitration. If the dispute is not resolved, or if either party disagrees with the decision of the mediator or arbitrator, will a court hear the case? Explain. (See Alternative Dispute Resolution.)
The history of the Western hemisphere is full of war and conquest. One of the most significant and defining of those conquests is the downfall of the Mexica/Aztec Empire. While there are many other events to choose from, this one stands out since it was one over one of the largest empires in Central America. It is also important to look at because of the immense cultural impact it had. The story of this takeover reads like a movie script, a small band of Spaniards single handedly takes down the most powerful empire in Central America. It was an epic battle, which unfortunately led to the destruction of a magnificent culture. As in any major historical event there are many underlying themes and storylines that come together to make the event happen. The Spanish conquest of the Aztec is no different. Three major themes are seen in this struggle. One of them is the incredible advantage that the Spaniards technology gave them over the Aztecs. A second major theme is the greed that fueled the conquests in the New World. The last major theme was the effect of the political divisions and rivalries within Montezuma’s Central American Kingdom. As this historical event progressed each one of these themes began to intertwine until they became an almost unstoppable force.
Hernán was the cause of the fall of the Aztec Empire. The Aztecs had their own religion and it involved sacrifice. They believed that sacrificing humans were good because, without human blood, the Gods would grow sick and eventually die. After Hernán Cortés’s arrival on the coast of Mexico, they ran into a few Indigenous groups on his way to Tenochtitlan. Totonacs, Tlaxcalans, Cholulans, and Tabascan. Three out of four of those groups they fought and after defeating the Tabascan people, one of the slaves could speak Mayan, Nahuatl (the language of the Aztecs), and shortly learned Spanish. Malinche helped the Spanish as an interpreter, spy, and the key to conquering the Aztecs. When Cortés arrived in Tenochtitlan, Moctezuma (Emperor of the Aztecs) allowed them in and exchange gifts. Cortés found out about their religion, traditions, and gold. He figured if they wiped them out, he’ll bring peace to Tenochtitlan and make him wealthy. Then happened a long battle of slaughtering many Aztec warriors, one by one and even place Moctezuma under house arrest in his own palace. The Europeans brought the Smallpox epidemic to Tenochtitlan and it had wiped out 25% of the Aztec population and not only that, they cut the aqueducts to the city. Finally, the Aztecs were annihilated and the Spanish tore down the city in ruins. The Aztec Empire ceased to
In the novel Huck Finn, the author repeatedly uses satire to ridicule the insanity of racial ignorance and inequity of the time period. With his masterful use of role reversal, irony, and the obvious portrayal of double standards, Twain exemplifies the injustices of different races contrasting them with example after example of counter-argument shown through the friendship and adventures of Jim and Huck together.
Martin Luther King Jr begins his essay with “My Dear Fellow Clergyman” in an attempt to form a sense of parity between himself and the men being addressed. More ever, he says that he believes that these criticisms are “sincerely set forth” and the men are “of genuine good”. Through this, he applies a Rogerian tactic, where the writer attempts to find a common ground as an alternative to further dividing the sides. His demonstration of equality due to the inter-connectedness of all people is a central idea of the entire letter. He notes that his “secretaries” can’t answer the amount of tedious “criticisms that cross [his] desk” since “constructive work” requires superior attention. In the informational second paragraph, King, “the president
No matter in the past or present, the world never lacks actors and their nauseating affectations can be seen everywhere in life. They are pretending to have all those perfect beliefs and feelings and acting like the greatest people ever while they are really not. Satire is used by Mark Twain in The Adventures of Huckleberry Finn to depict how all kinds of people say one thing and do another in America in early 1800s, demonstrating that Mark Twain wants readers to be aware of the hypocrisy and ignorance of American society.
This report is set to outline and highlight key developments in a very important piece of law “Federal Arbitration Act” which is also commonly known as FAA. In order to look at the FAA in detail which was developed in late 1925, first let’s see what the word Arbitration mean. In simple words, Arbitration is known be to a very informal, private and isolated process in which all participating parties agree to hand in their disputes and problems in writing to one or more independent parties who are sanctioned to resolve the problem or issue. If someone ask you a question to define the act of Arbitration or what does it mean, most of us will have one of the following opinion:
Mediation is typically ordered in types of cases that there is significant emotional ties; creating a potential for hostility, loss of relationships or personal feelings getting in the way of reaching an agreement. Arbitration is the best option for cases where the parties simply cannot come to an agreement and decide to have someone else decide the outcome of the case for them, without the expense and formality of a trial. Arbitration is also useful in highly complex cases where it is necessary to have a highly trained professional come to the
In Edmund Gettier’s paper “Is Justified True Belief Knowledge?” he states that for a definition to be true it has to pass a number of sufficient conditions to make that definition valid. The three definitions that Gettier is rejecting in his paper, all have the same starting definition; that “s knows that p”. Also, they all depend on the fact that they a proposition is known if and only if all three of the conditions support the definition. Gettier uses sufficient evidence to prove that these three definitions are true and valid. I will argue that through Gettier’s two cases explained in this paper, he proves that these three definitions are incorrect, but also that they are very similar in content so the same explanations can be used
ABSTRACT: Sylvia Plath was a prolific writer both in her choice of themes, language and imagery. Most of the times she has been labelled as a ‘confessional’ poet based on reading of a few of her poems-specifically Daddy and Lady Lazarus.A gamut of discussion has already been undertaken by critics and research scholars on the events in the life of this poet-her brilliance, her loss of her father at an early age, her numerous suicide attempts, her desire to fit in and her crumbling down of her marriage to the poet Ted Hughes leading to her untimely and gruesomedeath. However her unique language and imagery, effervescence of emotions refute all traditional concepts and point to the fact that these are outpourings of a brilliant mind in work.
The Spanish colonisation led by the conquestador Hernan Cortés during the reign of King Montezuma II had alot of affect to the Aztec and the Spanish. This was both a nobel conquest and a shameful exploitation in the eyes of the Aztecs and the Spanish. The goals of the Spanish was gold, glory and god. Gold was an economical benefit to the Spanish, increasing trade and leading them to glory. This was by them taking their gold or them paying them gold as bribrey. Glory was benefitcial to the individual and the nation, gaining power and authority and is a way on building their empire and also control over other nations, so that they can compete with other nations. Great Britain and France all took some of the nation in the Americas, the Spanish
ADR holds an extensive, easily influenced and diverging choice of processes for finding solutions to disputes which are personified by structured negotiation and consensus. It is regarded that arbitration is a familiar ADR technique, however, it is more of an official adjudicative and adversary technique initially a confidential litigation process which has more commonality to litigation than the more original consensual processes which symbolise ADR. As simplified by Angyal (Alternative Dispute Resolution, 1987, p. 11). "The key difference between ADR and those traditional techniques of litigation and arbitration is that ADR techniques are used to produce a resolution to dispute through a negotiated agreement while litigation and arbitration are processes by which a result is imposed on the parties. " We can say that many issues arise with terms.
An arbitrator’s function is usually to interpret the collective bargaining agreement between the parties, not to apply his or her standards of what is right in a given situation. The courts have sought to compel labour and management to a peaceful resolution of grievances through arbitration. The Supreme Court has given support to the arbitration process in a series of decisions, and judicial deferral to arbitration has become a basic tenet of national labour policy. Bibliography Byars, L. L. (1997). The.
Mediation is a way to solve a dispute without having to resort to court procedure which sometimes could turned out to be rigid, formal and time consuming especially when it needed a lot of paperwork and the possibility of adjournment which could consume years. Besides that, unlike in court, mediator as a third impartial party did not acted as a judge who decides on the resolution however, the mediator will help the parties to explore the needs and issue which before preventing them from achieving a mutual resolution and settlement. The mediation process gave the authority towards the parties to agree with each other and open up the chance for the parties to meet with a resolution at the end of the mediation session.
In an ideal world, it would be so simple to get rid of all inequality and discrimination in the world. However, it is not as simple as saying “we need better leaders.” There are so many things to consider before anything changes. Even today, these issues are still around and it seems as if it is a cycle that will never