Good evening. My name is Billy Wilson and this is ________________________. We will be conducting your mediation today. I would first like to thank you for choosing mediation. Mediation is great for several reasons. With mediation you can avoid the high costs, uncertainty, and stress of a trial. Trials can also take years to resolve. Mediation, on the other hand, will allow you to walk out of this room today with a solution that both of you will endorse because you decided it- not a jury, not a judge, not myself or my co-mediator. Your are in control and you will decide the outcome today. I have found mediation extremely successful. I am very confident that is possible to resolve this dispute through mediation. Also, I want to reassure you that anything you say today cannot be subpoenaed in court. Now I will explain to you the process of today’s mediation. First, each party will give their opening remarks. This will allow you the opportunity to express your side clearly and without interruption. Please be courteous, this will give you a chance to understand the situation as a whole and find some possible common ground. After opening remarks, my co-mediator and I will meet each of you individually in a private caucus to discuss possible resolutions. We will continue to alternate parties until we find a solution that suits both parties. I want to reassure you that everything you say to us in the caucus is completely confidential. Also, what you say to us in the private caucus we will not tell the other party, unless we have your permission. It is best that during the caucus you keep communication open with us and tell us…
the court system to resolve disputes between parties. Litigators are trial attorneys that represent clients. The plaintiff claims that the actions of the defendant cased harm. The alternative to litigation is nontraditional or alternative dispute resolution (ADR). Alternative dispute resolution can be used in context of negotiation, mediation, and arbitration. In this essay I will compare and contrast litigation to non traditional forms of alternative dispute resolution.
to the Court Statistics Project (CSP) from the nation’s state courts reached a record high 102.4 million incoming cases in 2006” (Bureau of Justice Statistics). Along with traditional litigation, the court system, there is also Alternative Dispute Resolution (ADR) available to aggrieved parties. Given the sheer volume of cases it is understandable that some parties may forego traditional litigation in favor of ADR. While both forms of litigation are suitable for most cases there are certainly…
Dispute resolution – overview
Disputes about contracts are inevitable. No matter what care and effort is made in drafting a contract, the imperfect and imprecise nature of language means there will always be room for difference of opinion on interpretation so that no written contract will be a true reflection of the parties' intentions. Also, despite the protests of the parties at the start of any relationship, there will be a change in their…
and a manager or conflict between two co-workers. Any conflict can get in the way of work and make your business less productive.
Dealing with conflict at an early stage to nip it in the bud and stop the situation developing into a full-blown dispute will save time, money and stress later on, for both the employer and employees.
Some of the issues that can cause conflict between individuals and groups at work include:
• ineffective or insufficiently trained management
• unfair treatment…
complexity created by background information concerning the dispute and complexity associated with asymmetries in negotiators’ strike costs. Background information concerning the dispute and asymmetric costs exacerbated egocentric interpretations of fairness. Egocentric interpretations of fairness were greatest when measured before negotiation and were mitigated following bargaining. Negotiators showed biased recall of information concerning the dispute, remembering more information that favored their own…
THE RESOLUTION of PRIVATE DISPUTES
Judicial process in the U.S. is a balance between two objectives
To be fair and impartial
To operate efficiently
Judicial process is committed to the adversary system
THE JUDICIARY’S ROLE IN AMERICAN GOVERNMENT
The process by which the courts examine governmental action for constitutionality
BASIC JUDICIAL REQUIREMENTS
Jurisdiction is the power of the court to hear and decide a case
Section B ESSAY (ADR).
In the following I will be talking about alternative dispute resolution in the current English legal system which we are governed by. ADR which is alternative dispute resolution is a term which is generally used in reference to informal dispute resolution in which parties involved are suggested to meet with a professionally qualified third personal in the issue they have and if it can be resolved nicely. There are various problems…
Alternative Dispute Resolutions: Arbitration Clause
LS311-01: Business Law 1
Professor James Starcher
May 1, 2012
Disputes, disagreements, differing opinions, and arguments, what do they all have in common? They all involve two persons or groups that have different ideas that are in conflict with the other. When these differences arise we as a civilized society usually are able to work out some solution that may work to the benefit of both parties. This process…
the best way to resolve your dispute with Motor Services (Medway) Ltd would not be through the use of litigation as you stated your intentions in your case file however would be to engage in an alternative dispute resolution (ADR) first, with litigation being a final resort. Our professional opinion noted that mediation would be the best process to use for your specific situation as will give you the best chance to come to a mutual agreement and resolve this dispute without the need for legal intervention…
In this dispute, using non-adjudicative processes by Mediation or by using adjudicative processes by litigation can solve the case as the dispute is between two neighbours. The following are the advantages and disadvantages of mediation (Goldberg, Green & Sander 1985) and litigation (Levin & Golash 1985).
Advantages of mediation
a) The process Provides high confidentiality and avoids publicity.
b) The process is simple, inexpensive and flexible.
Disadvantages of mediation