AD eport
The author of this report has been asked to prepare a brief report about a real-world example of a situation that could have gone to litigation but was instead handled via alternative dispute resolution, or AD for short. As part of the recitation of the event, facts will be included such as the legal form of the business in question, how the case would have been processed through the court system (had it gotten that far), the form of alternative dispute resolution that was used, the form of alternative dispute resolution that the author recommends and the differences in costs and benefits between litigation and AD in regards to the selected dispute.
The business in question for this report (which shall not be named) is a moderately sized Subchapter S Corporation (S-Corp) business with about two hundred employees. For smaller to moderately sized businesses, the S-Corp structure is quite popular…...
mlaReferences
D'Alesio Jr., D.J. (2014). The Benefits and Risks of Using Presuit Voluntary Binding
Arbitration as an Alternative Dispute Resolution Process in Medical Malpractice
Cases. Florida Bar Journal, 88(10), 20-27.
Fronda, A. (2014). Alternative dispute resolution: Alleviating burdens all round. International Tax Review, 32.
Why have so many jurisdictions turned to forms of ADR to supplement the judicial process? Alternative dispute resolution (ADR) is a procedure of dispute resolution that functions as a means of utilizing an external party for settling disagreements between two different parties. In the contemporary, ADR has come to be extensive and espoused by numerous states and expanses in the United States. Notably, in recent times, a number of courts have necessitated that a number of parties employ ADR to settle the presented cases. In the event that the process of mediation of alternative dispute resolution fails to come to an amicable agreement, then the case in question for the parties can be undertaken in court. Owing to the progressively more caseload of customary or old-fashioned courts of law, ADR has attained admiration and approval. This is for the reason that ADR encompasses less expenses, provides privacy, and it also offers…...
The four main processes of alternative dispute resolution are negotiation, mediation, arbitration and collaboration. Negotiation involves the two parties working out a solution based on the give-and-take dynamics of negotiation. ith mediation, the two parties hire a mediator. The mediator plays an independent role in trying to find ways to bring the two sides together, preferably without acting as a formal adjudicator. Arbitration is a process whereby an arbiter determines the outcome. The arbitration process is less formal than adjudication and can be used in a number of ways. It can be used, for example, if the parties agree that damage has been done but cannot agree on the reparations. The collaboration process involves the parties laying out ground rules, agreeing to deal with the issue in good faith, and generally work together to solve the common issue.
orks Cited:
No author. (2007). Alternative Dispute Resolution. Department of Transportation. Retrieved March 27,…...
mlaWorks Cited:
No author. (2007). Alternative Dispute Resolution. Department of Transportation. Retrieved March 27, 2009 from http://www.dot.gov/adr/
In the case of this step being taken all parties agree to consider the recommendations and results of the investigation that will be carried out by this third party.
The consultative committee is still heavily involved at this point as the committee and the employee that has the original complaint could not resolve it to every party's satisfaction and all parties agree to allow the third party to conduct a complete and solid investigation into the grievance. Furthermore the parties involved agree to give careful consideration to the results of this investigation after it is complete. This does not mean that the results have to be agreed to or followed but only that all parties agreed to give consideration to it and let it carry considerable weight.
If the recommendations of the third party do not work out to be enough and the dispute is still considered not settled by the…...
mlaReferences
Barrier, Michael. A working alternative for settling disputes. (includes advice for setting up an alternative dispute resolution programs)(Managing) Nation's Business; 7/1/1998
International Disputes
When business internationally issues settling legal disputes international transactions. What practical consideration taking legal actions a foreign business partner-based country? Which laws precedence.
Dealing with conflict in the new global economy
The rise of the new global economy has generated profits for many enterprises because of the connections it has fostered. However, in addition to the positive benefits of international agreements, there has also been a rise in international disputes. "As international commerce increases, so does the volume of international business disputes…new inbound and outbound foreign investment surpassed previous levels. Some of these deals will fail, and not all contracts will be performed as planned" (A new way to resolve international business disputes in Illinois, 2013, CIDA). Two of the most common methods of dealing with international disputes between business entities are international litigation and international arbitration. Litigation has certain superficial advantages, from the point-of-view of a firm: "judges are mostly…...
mlaReferences
Aliment, R. (2009). Alternative dispute resolution in international business transactions. The Brief, 38.4
Knop, K., Michaels, R. & Riles, A. (n.d.). International law in domestic courts: A conflict of laws approach. scholarship.law.duke.edu. Retrieved:
http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2629&context=faculty_scholarship
A new way to resolve international business disputes in Illinois (2013). Chicago International
"Divorce mediation confronts one of the most difficult conflicts that exist on earth, the breakdown and ending of the intimate, complex marriage relationship." The desire of individuals to remove divorce from the adversarial legal arena is fundamental to the growth of conflict resolution options for couples leaving a marriage. There is nothing more frightening than change, especially when the emotional stakes of the outcome of such change are so engendered in the emotions of the individuals involved, seeking a non-adversarial approach, is foundational to managing the situation effectively while attempting to avoid the pitfalls of making life altering decisions in a highly charged emotional situation, while still maintaining a sense of voice and control, a possibility the legal system does not usually allow as once again the individual must appoint a spokesperson and then trust that this spokesperson has the interest of all as their overriding goal.
Business
The types of…...
mlaWorks Cited www.questia.com/PM.qst?a=o&d=105950196
Aureli, Filippo and Frans B.M. De Waal, eds. Natural Conflict Resolution. Berkeley, CA: University of California Press, 2000. Book online. Available from Questia,
conflict resolution is a difficult one because of its many components; for those entering the business world, a mastery of conflict resolution is absolutely essential. In this article, Catherine Morris (2002) discusses the different forms of conflict resolution, specifically identifying the differing roles people need to play in attempting to resolve conflicts. In determining the correct type of conflict resolution to apply to a given situation, the type of situation must be considered as well as the severity of the problem and the potential resolutions that can be achieved. Of the different types of conflict resolution, most businesses employ mediation, negotiation, and facilitation among others while also utilizing people who can help smooth out emotional or personality differences. It is hoped that the issue can end in reconciliation, but sometimes that is not possible.
Morris argues that the traditional techniques utilized before the turn of the twenty-first century in conflict…...
mlaWorks Cited
Morris, C. (2002, May). Definitions in the field of conflict transformation. What is Alternative
Dispute Resolution (ADR)?
Fault: An Alternative to the Current Tort-Based System in England and Wales
The United Kingdom
statistics regarding claims
THE NATIONAL HEALTH SYSTEM
OBSTACLES TO DUE PROCESS
THE CASE FOR REFORM
THE REGULATORY ENVIRONMENT
THE RISING COST OF LITIGATION
LORD WOOLF'S REFORMS
MORE COST CONTROLS
THE UNITED STATES
PAUL'S PULLOUT
THE INSURANCE INDUSTRY
TORT REFORM IN AMERICA
FLEEING PHYSICIANS
STATISTICS FOR ERROR, INJURY AND DEATH
THE CALL FOR REFORM IN 2003: A FAMILIAR REFRAIN
THE UNITED STATES SITUATION, IN SUMMARY
NEW ZEALAND CASE STUDIES
THE SWEDISH SCHEME
COMPARISON: WHICH SYSTEM IS BETTER?
FIRST: UNDERLYING DIFFERENCES
TALKING TORT: AMERICAN PECULIARITIES
AMERICANS CONSIDER NO-FAULT
BRITAIN CONSIDERS NO-FAULT
CONCLUSION
Works Cited
Appendix A THE UNITED KINGDOM
INTRODUCTION
At issue is the economic effectiveness of tort law in the common law legal system of England and Wales, as applied to medical and clinical negligence and malpractice cases. In response to economic concerns and a continual rise in cases, an examination of the consideration of a proposed no-fault alternative to the current system is underway. We will explore the basis of the current system, the…...
Alternative Dispute esolutions and Their Important ole in Expanding the Judiciary Process for the Public
Alternative dispute resolutions (ADs) can come in a variety of forms, such as arbitration, mediation, case conferencing, neutral evaluation, parenting coordination, summary jury trials, or collaborative family law. Such procedures typically require less formality and occur in a more confidential setting. In such manner, the participants can bypass the court room, save money, and move more rapidly to a settlement without resorting to the process of litigation.
Arbitration is an AD process in which an arbitrator who is a neutral third party hears the arguments from the two disagreeing parties. The two sides may present their arguments and their evidence before the arbitrator, who listens and then determines the outcome. The process is much more informal than a trial. For one, there is no jury, and presenting evidence is not as strict a process as it is…...
mlaReferences
ADR Case Outcomes. (n.d.). NYCourts.gov. Retrieved from https://www.nycourts.gov/ip/adr/AllCases.shtml
Belson, K. (2015). Judge erases Tom Brady's suspension; NFL says it will appeal. The New York Times. Retrieved from http://www.nytimes.com/2015/09/04/sports/football/tom-brady-suspension-deflategate.html?_r=0
Carrington, P. (1984). Civil procedure and alternative dispute resolution. Journal of Legal Education, 298: 298-306.
Chau, K. (2007). Insight into resolving construction disputes by mediation/adjudication in Hong Kong. Journal of Professional Issues in English Education Practice, 143: 143-147.
A lawsuit would create bad publicity for the bank during a period when it needs to create a positive image for itself in the media.
Retaining a strong relationship with an IT business partner is beneficial for CS, given the ever-changing nature of technology. The changing demands of the project is one reason the company has had such as stressful relationship with SS, and presumably the new system will require updates and reform in the future. Fostering a bad relationship with a well-known technology company is hardly in the interest of CS if it needs to update its system again.
Specific measures managers may take to minimize legal risk or realize legal opportunities.
Clarity in wording is essential in the future agreement for both parties. From the perspective of SS, limiting its liability is of paramount important, given that under the current contract, regardless of how tenuous an argument, CS might be…...
"Twenty-three million Americans experience workplace bullying within their work lifetimes" (cited in Seagriff, 2010, p. 575). With the economic challenges Americans are facing recently, tensions in the workplace are also on the rise, as employees increasingly worry that their jobs are in jeopardy. This fear over possibly losing their job means many employees will not risk reporting bullying to their employers.
Interdependence conflicts, as mentioned, are another common type of workplace conflict. This type of conflict centers on an employee's dependence of another person's assistance, input or output to perform their job (Kankanhalli, Tan, & Kwok-kee, 2007). In other words, task interdependence varies depending on the extent which an employee needs materials, information or support from their workplace peers, in order to do their job. "Task interdependence alters the course and consequences of conflict. Some have asserted that because high task interdependence implies the need for intensive interactions among members,…...
mlaReferences
Bacal, R. (1998). Conflict prevention in the workplace: using cooperative communication. Winnipeg: Bacal & Associates.
Bhattacharya, S. (19 Sept 2010). "Resolving conflict at work." Busienss Today, 19(9). p. 127-129.
Booher, D. (May 1999). "Resolving conflict." Executive Excellence, 16(5). p. 5.
Budd, J. & Colvin, a. (Jul 2008). "Improved metrics for workplace dispute resolution procedures: Efficiency, equity and voice." Industrial Relations, 47(3). p. 460-479.
AASA IDEA Proposal
The conflict between parents of students with disabilities and members of the school district is an unending issue that has continued for numerous years. More often, special education administrators are nominated study the conflict for finding a solution amicable to all parties. If not, conflict can set in motion due process enquiries that transfer valuable time and money away from general district resources (Mueller & Piantoni, 2013).
Gaining an understanding of the manner in which administrators generally address such conflict can offer guidance to leaders as they encourage partnership and group effort between the home and school (Mueller & Piantoni, 2013). About four decades ago, only twenty percent of all students with disabilities in the United States were able to gain access to education in public schools. However, in the present day, this number has significantly increased to ninety five percent. This is deemed to be a great success…...
mlaReferences
Mueller, T. G. (2014). Litigation and Special Education The Past, Present, and Future Direction for Resolving Conflicts Between Parents and School Districts. Journal of Disability Policy Studies, 1044207314533382.
Mueller, T. G., & Buckley, P. C. (2014). Fathers' Experiences With the Special Education System The Overlooked Voice. Research and Practice for Persons with Severe Disabilities, 39(2), 119-135.
Mueller, T. G., & Piantoni, S. (2013). Actions speak louder than words: How do special education administrators prevent and resolve conflict with families. The Journal of Special Education Apprenticeship, 2(2), 1-15.
Public Law. (2002). An Act. 107th Congress.
Partnership agreement can be described as a voluntary contract between two or more parties towards the accomplishment of a mutual goal or objective. In most cases, a partnership agreement is the legal and written agreement between partners in a business. However, in some situations, a partnership agreement is an oral agreement where terms are implied upon the parties with no written document. Notably, the oral partnership agreement is still enforceable like the written one despite the absence of a written document. This implies that a partnership agreement does not necessarily need to be written in order to be effective. One of the most important considerations to make when entering an oral partnership agreement is how any conflicts would be resolved while ensuring each party fulfills his/her respective role in the contract. For instance, a partner is disputing an already established partnership agreement whose terms are still the same but there…...
mlaReferences:
Hartline, K.T. (2007, September). Oral Contracts: Do they Carry Any Weight? Retrieved
January 25, 2014, from http://www.legalzoom.com/business-law/contract-law/oral-contracts-do-they-carry
Levy, R. (2013, October 8). The Danger of Oral Partnership Agreements. Retrieved January 25,
2014, from http://www.businesslawnews.com/the-danger-of-oral-partnership-agreements/
Hill People Page
In 1997, when Kirk Watson was running for mayor, Austin was in the drunken throes of enjoying a decade-long spell of unprecedented, economic growth. Unemployment was on the downswing. Corporate relocations and expansions were on the upswing. Venture capitol and new business creation was rising to an all-time high. Office buildings, apartment complexes, new home subdivisions, retail centers, along with all the roads to support them, were sprouting up all over the city. As a consequence, the city populace had become polarized in their feelings about growth and had split into two political camps. There were the developers who welcomed Austin's transition to a large, thriving metropolis much like the mega-cities of Dallas or Houston, and there were the environmentalists who didn't want Austin to be a city at all, but wanted to go back to the hip college town that was the Austin they knew in the…...
mlaReferences
Fisher, R. & Ury, W. 1991, Getting to Yes: Negotiating Agreement Without Giving In, Penguin, New York.
Susskind, L. 1989, Breaking the Impasse: Consensual Approaches to Resolving Public Disputes, Basic Books, New York.
The Hill People Page
Social Media in Marketing
The four components of a legally astute social media-marketing manager
In this paper, I will look at Facebook as the leading social networking site. The four components of a legally astute manager include the knowledge, judgment, proactive and the attitudinal component (Bagley, 2006). A legally perceptive manager must acknowledge the importance of law to company success and accept responsibility for being in charge of legal factors of the business. In addition, they recognize the need to fulfill the societal expectations and meet the ethical considerations. From the proactive perspective, this manager brings counsel in the cycle of decision-making. Because they are proactive, they do not wait for last minute rush to finalize deals. A social media manager must be well educated about these four characteristics. Nowadays, more firms are using the social media platform for purposes of marketing. Further, a company might fall behind if it does not.…...
mlaReferences
Bagley, C.E. (2006). Winning legally: The value of legal astuteness. Boston, Mass.
Evarts, W.R. (1983). Winning through accommodation: The mediator's handbook: the use of new, alternative methods of dispute resolution in the last decades of the 20th century. Dubuque, Iowa: Kendall/Hunt Pub. Co.
Miller, R.L.R., Cross, F.B., & Jentz, G.A. (2013). Business law: Alternate edition: text and summarized cases: legal, ethical, global, and e-commerce environment. Mason, Ohio: South-Western Cengage Learning.
Mediation is one of the most popular forms of alternative dispute resolution (ADR). While there are many benefits to mediation and other forms of ADR, including reduced costs for both parties, more rapid resolutions, and the decision-makers ability to consider principles outside of the legal principles involved, there are times when mediation is not the best solution. If we were writing a position paper on mediation and mediation education, we would focus on domestic violence scenarios and why mediation is not a proper dispute resolution procedure in cases....
Essay Topics on Financial Fraud
1. The Role of Internal Controls in Preventing and Detecting Financial Fraud
Analyze the key components of an effective internal control system.
Discuss how internal controls can help prevent fraud, including segregation of duties, access restrictions, and independent audits.
Examine the challenges in implementing and maintaining robust internal controls, especially in complex organizations.
2. The Impact of Fraud on Corporate Reputation and Shareholder Value
Explain how financial fraud can damage a company's reputation and investor confidence.
Quantify the financial losses and operational disruption caused by fraud.
Analyze case studies of companies that have been affected by financial....
1. The impact of social class on access to legal representation and representation in the criminal justice system.
2. How does social class influence the likelihood of being able to afford legal services and representation in civil cases?
3. The disparities in access to justice based on social class and its implications for socioeconomic inequality.
4. The role of race and gender in conjunction with social class in determining access to justice.
5. The barriers faced by individuals from lower social classes in navigating the legal system and obtaining fair outcomes.
6. The impact of social class on perceptions of justice and the fairness of....
1. The impact of social class on access to legal representation and advocacy in the criminal justice system
2. The role of socioeconomic status in determining the quality of legal services available to individuals
3. Inequality in access to justice for low-income versus high-income individuals in civil cases
4. The effects of wealth and social class on the likelihood of receiving fair treatment in the legal system
5. The disparities in legal outcomes based on social class and economic status
6. The relationship between social class and barriers to justice, such as court fees, bail amounts, and legal representation costs
7. The intersection of race, social....
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