" (U.S. Equal Opportunity Employment Commission, nd) This is a voluntary mediation agreement, which may opt out of by the employer or the employee. The benefits of the UAM include: (1) "UAM demonstrates from the outset a company's willingness to mediate on cases eligible for mediation - this may contribute to the ultimate satisfactory resolution of a matter; (2) With a UAM, the initial step of contacting the employer to see if they will mediate a particular charge is shortened or eliminated; (3) a UAM establishes a point of contact for the employer, thereby expediting the flow of information between the EEOC and the employer; (4) Fast tracking the information through established contact points expedites the scheduling of a mediation session; and (5) UAM's are flexible. They allow parties to opt out of mediation on a case by case basis if either believes the claim is not appropriate." (Equal Employment…...

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Bibliography

Mediation (nd) Equal Employment Opportunity Commission Online available at  http://www.eeoc.gov/mediate/index.html 

Facts About Mediation (nd) the U.S. Equal Employment Opportunity Commission November 1, 2004. Online available at  http://www.eeoc.gov/mediate/facts.html .

Federal Sector Alternative Dispute Resolution (ADR) (2004) the U.S. Equal Employment Opportunity Commission. Online available at  http://www.eeoc.gov/federal/adr/index.html .

Alternative Dispute Resolution: A Resource Guide - Section I: Alternative Dispute Resolution Techniques and Agency Practice. U.S. Office of Personnel Management. Online available at  http://www.opm.gov/er/adrguide/Section1-a.asp

Contract dispute resolution is significant because there is always a chance there will be a problem with a contract at some point while it is in effect. At that time, there are both administrative and judicial processes that are available for disputing contract problems. These processes can be used to resolve problems with contracts in order to determine who is "right" and "wrong" when it comes to the dispute. By resolving the dispute carefully and properly, the rest of the contract can often remain in effect and part of the contract can simply be modified. If that does not work, it may be possible to nullify and void the contract in a way that is satisfactory to both parties, or to the party that was "in the right" in the dispute over terms and conditions contained within the contract. If one or both parties breaches a contract, it can become…...

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References

ABA. (2011). What you need to know about dispute resolution: The guide to dispute resolution processes. American Bar Association. Retrieved from  http://www.abanet.org/dispute/draftbrochure.pdf 

Lynch, J. (2001). ADR and beyond: A systems approach to conflict management. Negotiation Journal, 17(3): 213.

Schwartz, D.S., (2010). Mandatory arbitration and fairness. 84 Notre Dame L. Rev. 1247.

Alternative dispute resolution (AD) is a dispute resolution process that acts as a means of using an external party to settle disagreements between two parties Colbran, 2012.
AD has now become widespread and accepted by many states and counties in the United States. In the recent past, some courts have demanded that some parties use AD to settle their cases. If the mediation process of AD does not reach an agreement then the parties' case can be tried in court. Due to the increasing caseload of traditional courts, AD has gained popularity. This is because AD involves fewer costs, provides confidentiality, and it also offers greater control for the parties to select the individuals deciding their dispute. AD is classified into four categories namely mediation, negotiation, arbitration, and collaborative law. Divorce mediation is the preferred method for resolving any divorce case before the case can proceed to court for a full…...

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References

Colbran, S. (2012). Alternative dispute resolution.

Thomson, M. (2011). Alternative modes of delivery for family dispute resolution: The Telephone Dispute Resolution Service and the online FDR project. [Article]. Journal of Family Studies, 17(3), 253-257.

Ver Steegh, N. (2008). Family court reform and ADR: Shifting values and expectations transform the divorce process. Fam. LQ, 42, 659.

Vu, T.D. (2009). Going to Court as a Last Resort: Establishing a Duty for Attorneys in Divorce Proceedings to Discuss Alternative Dispute Resolution with Their Clients. Family Court Review, 47(3), 586-599.

Now, both my high-paying job and my dream career had been stripped away from me. I had nothing left of earthly value. But I still had my faith.
My Christian faith carried me through these disappointments and brought me the strength to use my experiences and learn from them, rather than letting them crush me. Through my faith, I have developed the personal and spiritual resilience I believe will be required to make a success of the Master of Dispute Resolution degree offered by Pepperdine University. One thing I appreciate most about the program I am applying for is the opportunity to enter an environment where Christian values are a recognized and desired value.

My faith has always been extremely important to me, even since childhood. Although the corporate and culinary school environments were no particularly conducive to openly live according to the Christian way of thought and belief, I nonetheless…...

In particular, Jennifer Shack (2003) notes that mediation can save time and money and improve the satisfaction of those using the court system, but only under certain conditions.
Shack (2003) notes that the type of mediation program used is important in seeing advantages over legal actions. She notes that while there has been a "tendency has been to equate one mediation program with another and to assume the effectiveness of them all" (p. 5), there are important differences in the effectiveness of different dispute resolution programs.

One advantage often noted for dispute resolution is that it provides an alternative to trial, thus saving both money and time. However, Stienstra and Willging (1995) note that dispute resolution is not used as an alternative to trial in many cases, at least in the federal court system. They note that "while AD (alternative dispute resolution) methods are often thought of as alternatives to trial,…...

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References

Canadian Human Rights Commission. 2004. Alternate Dispute Resolution. Accessed October 12, 2005.  http://www.chrc-ccdp.ca/adr/default-en.asp 

Center for Analysis of Alternative Dispute Resolution Systems. What You Need to Know about Dispute Resolution: The Guide to Dispute Resolution Processes. Accessed October 12, 2005.  http://www.caadrs.org/downloads/draftbrochure.pdf 

Legal Information Institute. Alternative dispute resolution (adr): an overview. Accessed October 12, 2005.  http://www.law.cornell.edu/topics/adr.html 

Shack, Jennifer. 2003. MEDIATION CAN BRING GAINS, BUT UNDER WHAT CONDITIONS? Originally published in Dispute Resolution Magazine, Volume 9, No. 2, Winter 2003. Accessed October 12, 2005.  http://www.caadrs.org/studies/MedStudyArticle.htm

Alternative Commercial Dispute esolution: A Critical Assessment of the AD Mechanism in the Saudi Legal System and Practice
General review of Alternative Dispute esolution

The rationale of the AD movement. The benefits of using arbitration in particular in lieu of formal adjudication in the courts have attracted a growing amount of interest from the private sector around the world. For example, Davis and Katbeh (2009) point out that this process is especially evident in the politically unstable Middle East. According to these authorities, "Increasingly, commercial alternative dispute resolution (AD) programs are being created throughout the world. These AD centers provide a model of peaceful dispute resolution for other countries, particularly when they are located in a geographic area known for political conflict" (Davis & Katbeh, 2009, p. 67).

Certainly, Saudi Arabia is no stranger to political conflict, but there are some interesting aspects concerning commercial dispute resolution that are virtually unique to…...

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References

Al-Nuwaiser, W.N. (2012, September). Reform of the Saudi Arbitration Law. Insight:

International Arbitration, 1-3.

Baudenbacher, C. (2008, Spring). Judicialization: Can the European model be exported to other parts of the world? Texas International Law Journal, 39(3), 381-393.

Bingham, L.B. (2004, Spring). Control over dispute-system design and mandatory commercial arbitration. Law and Contemporary Problems, 67(1-2), 221-229.

Furthermore, he has displayed extreme anger towards her and appears completely unwilling to compromise. He wishes to keep both the house and Eduardo to himself, as he seems to feel betrayed by Cherry, and wants as little as possible contact with her. Cherry in turn is worried about the effect of this upon her child.
The requirements for mediation have therefore only been fulfilled by Cherry, whereas Giovani appears to need some level of therapy for his unresolved emotions and conflicts. He therefore needs to reach Cherry's more advanced level of preparedness in order for a more traditional form of mediation to be effective for them. ecause one partner is already at a level where she is ready for mediation, it is suggested that a combination of therapy and mediation might be effective in this case towards reaching a more speedy and amicable resolution. In addition, Giovani's attitude indicates that…...

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Bibliography

Alexander, Nadja Marie. Global Trends in Mediation. Kluwer Law International, 2006.

Fisher, Thelma, Ventura, John and Reed, Mary. Divorce for Dummies. Indianapolis: Wiley Publishing, 2005.

Fishman Green, Rachel. Mediator Neutrality - How is it possible? Divorce Source, Inc.  http://www.divorcesource.com/NY/ARTICLES/green3.html 

Folber, Jay, Milne, Ann L. And Salem, Peter. (eds) Divorce and Family Mediation: Models, Techniques, and Applications. Guilford Press, 2004.

Both parties present evidence to a neutral party. However, the neutral party acts as a mediator, not simply as a finder of fact. The neutral attempts to help the parties settle the dispute based upon the neutral's evaluation of the case. The mini-trial suffers from the same drawbacks as the summary jury trial. However, its greatest strength is that, once the neutral has shown both parties their likelihood of success in litigation, it places them in a more realistic position and may make them more open towards a successful settlement.
One of the biggest barriers to ADR is that the opposing parties have taken positions that they believe are intractable, so that they feel as if they cannot enter into a bargaining position with the other party. However, when one looks at ADR in its largest and most significant format, it becomes clear that ADR can work even with parties…...

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Works Cited

Ben-Ari, Rachel and Itzhak Hirshberg. "Attachment Styles, Conflict Perception, and Adolescents' Strategies of Coping with Interpersonal Conflict." Negotiation Journal 25.1 (2009): 59-82. Wiley Interscience. 9 Mar. 2009 http://www3.interscience.wiley.com/cgi-bin/fulltext/121639915/HTMLSTART

Buel, Sarah. Personal Interview. 9 Mar. 2009.

Druckman, Daniel, Mara Okekalns, and Philip Smith. "Interpretive Filters: Social Cognition and the Impact of Turning Points in Negotiations." Negotiation Journal 25.1 (2009): 13-40. Wiley Interscience. 9 Mar. 2009 http://www3.interscience.wiley.com/cgi-bin/fulltext/121639919/HTMLSTART

Fisher, Roger, William Ury, and Bruce Patton. "Negotiation Power: Ingredients in an Ability to Influence the Other Side." Negotiation: Strategies for Mutual Gain. Ed. Lavinia Hall. Thousand Oaks: Sage, 1993.

The informal nature of mediation may allow evidence to be considered that might be prohibited in a court of law.
Arbitration is more complicated than mediation. Since arbitrators "give written opinions, which can be binding or non-binding…the most common procedure is for each side to select an arbitrator and for those two arbitrators to select a third arbitrator. The dispute is then presented to the three arbitrators chosen, with a majority of the arbitrators rendering a written decision"(Renia 1999). Arbitration is swifter and less formal than litigation. However, some people may feel that arbitration gives too much power to the arbitrators, even though arbitration does not protect the rights of the defendant and plaintiff with the same degree of scrutiny as a court of law. Some may feel arbitration offers the best of all three options; others might feel it is the worst because it does not offer the full…...

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Works Cited

Renia, Leonard. "Mediation vs. arbitration vs. litigation: What is the difference?

Findlaw. June 1, 1999. November 18, 2009.  http://library.findlaw.com/1999/Jun/1/129206.html

For older juveniles, though, and for repeat offenders, I do not think that juvenile court is really a very good idea. These children are old enough to understand right from wrong and start to make good choices (Anderson, 1994). They often do not worry about the consequences, because they know that they are often not punished harshly. If the punishment is not serious and/or frightening, there is no real reason for a juvenile to avoid a crime (Anderson, 1994; Widom, 1992). This does not mean that a 13-year-old boy should be tried with the same rules as a 30-year-old man, but there should be more and stronger punishment of juveniles, especially for serious crimes, where any teenager really should be tried as an adult. They are old enough to know what they are doing, but the justice system does not treat them as such, so they are unafraid of…...

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Bibliography

Anderson, Michelle Lea Cherne. (1994). "The high juvenile crime rate: A look at mentoring as a preventive strategy." Criminal Law Bulletin, Vol 30(1), 54-75.

Widom, Cathy Spatz. (1992, October). "The cycle of violence. National Institute of Justice Research in Brief."

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,…...

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Works 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…...

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References

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

The Policy does have some limitations, however, and in order for the Policy to maintain a strong foundation, arbitrators should not expand its reach into areas best left to courts of law. Unrestrained arbitration decisions based on good intentions have corrupted the Policy. By exercising a little restraint, ICANN's dispute resolution providers can still save a good policy and allow the appropriate cases to be heard by courts of law (509)."
In other words, Stewart is suggesting that going for arbitration is the quick fix, and that the quick fix absent the law as applied by those best qualified to interpret and apply the law, might perhaps result in one party not receiving the fullest benefit of the law. It is a good point, but not a point that applies to cases that are so simple in nature as is Tom and Sue's. Also, if taking a court action can…...

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Works Cited

http://www.questiaschool.com/PM.qst?a=o&d=10430129

Gleason, Sandra E., ed. Workplace Dispute Resolution: Directions for the 21st Century. East Lansing, MI: Michigan State University Press, 1997. Questia. 16 Jan. 2009  http://www.questia.com/PM.qst?a=o&d=10430129 .

A www.questiaschool.com/PM.qst?a=o&d=85998075

Singer, Linda R. Settling Disputes Conflict Resolution in Business, Families, and the Legal System. Boulder, CO: Westview Press, 1994. Questia. 16 Jan. 2009  http://www.questia.com/PM.qst?a=o&d=85998075 .

Labor elations
A collective bargaining dispute was recently settled between Major League Soccer (MLS) and its players, on the eve of the 2015 season. The league had just finished averting a dispute with its officials, who formed a union in 2012, when the dispute with the players arose (Parker, 2014). The MLS Player's Union (MLSPU) and MLS had just seen their prior five-year deal expire, and the union was seeking more flexibility for its members. The structure of Major League Soccer is that the league owns all of the contracts for the players. The teams are franchises, and negotiate deals with the players, but ultimately the league has final say over player movements. This restricts the rights of the players with respect to free agency. Soccer players in Europe, where several leagues act as competitors with MLS for playing talent, players enjoy full free agency when their contract ends. In MLS,…...

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References

Cohen, J. (2015). MLS' CBA negotiations: Federal mediation, salary cap and steps toward free agency. Law in Sport. Retrieved April 5, 2015 from  http://www.lawinsport.com/articles/item/major-league-soccer-s-collective-bargaining-negotiations-federal-mediation-salary-cap-and-steps-toward-free-agency 

Parker, G. (2014). MLS hopes of growth, grandeur could be slowed by contract negotiations. Al Jazeera. Retrieved April 5, 2015 from  http://america.aljazeera.com/articles/2014/4/18/mls-union-contract.html 

Brenner, S. (2015). Will MLS players go on strike? The CBA dispute explained. The Guardian. Retrieved April 5, 2015 from  http://www.theguardian.com/football/2015/feb/16/will-mls-players-go-on-strike-the-cba-dispute-explained 

Carlisle, J. (2015). The details of Major League Soccer's new collective bargaining agreement. ESPN FC. Retrieved April 5, 2015 from  http://www.espnfc.us/major-league-soccer/19/blog/post/2332341/the-details-on-major-league-soccers-new-collective-bargaining-agreement

Default Dispute Termination of Contract
Default and Dispute (contract law)

In government contracting, the government through a contracting officer who is the government agent enters into a legally binding agreement with a contractor. This contractor is a seller who is to deliver services and the government as the buyer pays for these services as agreed upon in the contract. However, situations arise where the agreements may be terminated in order to settle disputes that arise between the contracting agents and the contractor. Normally, the government may terminate the contract for default of the contractor or by convenience (Kathuria, 2009). Federal Acquisition egulations define termination for convenience as the exercise of the government's right to terminate a contract when it is in the government's interest

Termination for default

The government has a right to terminate a contract on a situation where the contractor does not meet the set contractual obligations (umbaugh, 2010). For the government…...

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References

Kathuria, S. (2009). best practices for compliance with the new government contractor compliance and ethics rules under the federal acquisition regulation. Public Contract Law Journal.

Loulakis, M.C. (2003). Default Must Be Proven to Justify Termination. Civil Engineering (08857024), 73 (3), 96.

Nemet, G.F. (2010). Cost containment in climate policy and incentives for technology development. Climatic Change, 103 (3/4), 423-443. doi: 10.1007/s10584-009-9779-8

Robert, F. (2004). Construction law handbook. Gaithersburg [MD: Aspen Law & Business.

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....