However, a variation, called "co-med-arb, allows the mediator and the arbitrator to jointly conduct a fact-finding hearing at the outset of the dispute. The hearing is followed by mediation, then arbitrtation" (McLean and Williamson). For the purposes of this review, however, it is the synergy that the processes provide together that are important -- that the two standing alone are no where near as powerful a problem solving tool as they are when joined together. Depsite what many believe about the process, there is no magic bullet and yet in Cecala v. Moore, the U.S. Court in Northern Illinoise said that "an agreement to mediate all dusputes [from] contract law was properly categorized as arbitration" -- yet arbitration and mediation may also be used interchangelably without too many procedural difficulties (McLean and Williamson). It is really up to the parties that enter into the process to decide if Med-Arb will be binding, and at what juncture. This is almost a perfect argument for the synergistic process that arises by using the two in tandem. No longer do parties need an agreement that requires the previous formalized process of first stepping through a mediation hearing, allowing that process to conclude, then moving on to arbitration. Instead, "med-arb agreements are different because they are intended to bring the dispute to an end, one...
The real strength in this synergy is that it can be seamless -- like a menu driven option, one can atually use it for all levels of disputes; from minor that may require only a small portion of an actual mediation procedure, to one that may require a more lengthy process in which multiple parties are involved, witnesses called, legal information and exhibts (proofs, legal documents, financial records, etc.) are needed, generally reserved for arbitration. By putting the med-arb process together, all stakeholders in the process win by having the option to go as far as necessary, up to actual Court, to solve the issues at hand. Of course, not all jurisdictions recognize this process, but the tremendous benefits provided by its seamless integration far outweigh any potential negatives.
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Goals Related to This Course: The baccalaureate nurse leader should be proficient in current leadership and management techniques, as well as developing an awareness of his or her strengths and weaknesses as a leader. Managerial tools such as change theory, quality improvement processes, budget analyses, strategic planning and performance appraisal are crucial to the baccalaureate educational experience. It is the purpose of this assignment to evaluate how knowledge of Leadership
Conflict Resolution The profession of nurses is perhaps the most dynamic and the most complex as it is very difficult to draw the lines of duty. Almost all the patients challenge the nurses to look after them and yet so many see them as either enemies or friends (Martin Teising, 1997). This is particularly true for certified psychiatric nurse assistants and this is mainly because drawing lines of duty for the
As a result, financial planners need to advise clients who receive these payments and make large cash investments to do so as soon as possible. The study concluded that dollar-cost averaging would be unlikely to topple the superior results of lump-sum investing at this time (Williams and Bacon). Profit-sharing allows employees to earn bonuses according to company performance (GoSmallBiz 2008). A certain percentage is set aside by the firm and
Conflict Resolution It is common knowledge that the utilization of conflict resolution offers the essential plans to cut down arguments and encourages nonviolent clarifications. Melinda G. Lincoln (2001) elaborates on this point by asserting, "Diffusing heated arguments, identifying issues, setting emotions aside, and learning new ways to communicate enables the disputants to incorporate the processes and problem-solving skills of mediation, negotiation, and collaboration. The impact of illustrating, modeling, and blending conflict
Group Intervention Using Mediation to Achieve Productivity Anyone who has ever spent time overseeing small children - or business work teams - knows that such groups can function perfectly well for long periods of time - and then collapse for no apparent reason into chaos and disfunctionality. Knowing how - and even more importantly when - to intervene in a usually highly functioning group is one of the most important skills that
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