Essays on ADR

There are various occasions whereby issues are settled outside the courtroom. Alternative dispute resolution typically entail negotiation, mediation and arbitration. Alternative dispute resolution refers to the various techniques for resolving conflicts using a neutral third party, outside the courtroom. It is worth noting that alternative dispute resolution is strategically put into practice based in the enforcement negotiation. These strategies have proved useful in settling issues. In most cases, individuals choose the process because it is quicker and less expensive compared to formal litigation. The opposing parties under alternative dispute resolution tend to maintain the cordial relationship and give room for ...

In the process of planning an ultimate cross-cultural Alternative Dispute Resolution (ADR) process for international disputants, there are various factors and variables that one ought to build onto for the process to be perfect. Deduced from the Policy Dialogue by Adler, there is no fixed or formal format that would be recommended for various situations since each and every one of them is exceptional in its own way. However, accepting that democracy is imperative for everyone becomes the first step towards a successive and effective ADR. That based on the fact that accepting democracy would be accommodating other people’s ...

1.) The best way for an HR manager to prevent an EEOC claims filed against the organization is to encourage the employees to create a work culture and environment that promotes diversity, deters employment discrimination, and sexual harassment. The HR manager should implement serious guidelines to prevent any form of discrimination inside the place of work. It is imperative to develop training programs that promotes job satisfaction and improves the quality of performance. The employer should increase diversity awareness to prevent potential offensive behavior among the employees.

2.) (1) Hannah cannot be forced to submit her claim to arbitration because ...

1. Introduction

Pharmaceutical products alleviate suffering in patients by presenting therapeutic benefits to them. There is risk in the use of these products, but by consenting to use the drug, the patient has deemed it fit that the benefits of the drug far outweigh the potential danger they may pose. There are two types of reactions that may be exhibited by the patient; adverse drug reaction and adverse drug event . Adverse drug reaction is the typical way in which the body responds to a drug that is toxic, and whose use was unintended. This usually occurs at normal doses for disease treatment. ...

Question 1

Stock flipping refers to buying stocks during an initial public offer with the intention of reselling them immediately at a profit. It is a short term investment strategy that takes advantage of existence of liquid markets. Institutional investors engage more in stock flipping than individual investors since they have more shares availed to them at the offer price .

Investment banks encourage stock flipping for various reasons. If an IPO is allocated only to long term investors, there will be no trade in the secondary market. The stocks will be in the public but they will be illiquid since nobody is selling. ...

Cross-listing is a process to access other stock exchange markets to collect the investments. The main advantage of cross-listing for the share-issuing companies is that due to the different business time zones, the companies have the opportunity to trade for more than the normal trading hours available. Therefore, more trading hours allow the companies to complete their ‘right issue campaigns’ in a short time. Another main advantage of cross-listing is that the companies which are listed in different countries are in a position to collect funds in different currencies that reduce their translation and currency risk. Moreover, the list of foreign companies ...

Introduction

Human beings tend to negotiate at one point or another in their life, on one matter or another. Some however do it more effectively those others. Human beings have been able to not only survive but also thrive as a species mainly because of this ability (Alfini, 2010) of all methods of conflict management; the negotiation process is the most efficient, flexible, eminently sensible, and economical in the human repertoire to manage differences and controversy. In early human history, disputes occurred mostly within families, tribes, communities, and individuals. Yet, despite past successes and the dire necessity of negotiations for human ...

Alternative Dispute Resolution is a sequence of constructive and effective procedures for resolving disputes through joint consent of the parties involved. I conducted an interview in which I involved an ADR officer. This article contains the questions I asked and the responses that were given by the interviewee as well as my own commentary on the same matter of Alternative Dispute Resolution. (Dauer, 2004) - What kind of work do ADR specialists do? They do the work of conducting the resolve conflict between the conflicting parties by encouraging them to engage in interest-based negation where the problem solving ...

Introduction

The mission of the US Navy is to train, maintain, equip combat-ready Naval forces that are capable of deterring aggression, winning wars and maintaining the freedom of the seas. As it is dictated in their tasks, the Navy certainly goes to the sea. From a human perspective, there are obvious uncomfortable aspects and factors that await the individuals in the sea. One of them is the fact that there is limited space in the sea. It hereby follows that, at times, they have to share a bed, meals amongst other essentials. Some of the jobs the Navy ultimately engages in include, ...

Introduction: Dividend Policy

In the business platform of today, there is very stiff competition between companies. This is because of the increased number of organizations coming up every day making it difficult to survive in the market. In order to survive in the market, organizations need a strong financial background so that they can gain a competitive edge over their rivals. In a bid to achieve this, organizations go public and sell shares to them at a cost. In lieu of their investment in the company, the shareholders of the company are then paid a share from the annual profits of the company, known as dividends. Important ...

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Introduction

Every time disagreement arises, and there is a need to bring it to court, the initial process would involve trying to resolve the issue out of court (Evans, 2014). This process is called Alternative Dispute Resolution. This process of resolving issues is usually done without needing the help or the assistance of a third-party mediator. The purpose for resorting to a particular type of alternative dispute resolution is to avoid the physical, emotional and financial burden of going through the ordeal of litigation (Bryant and Lane, 2013). There are different kinds of ADR. Among those includes negotiation, arbitration, mediation and ...

Introduction

This case involves a physician who has reportedly filed a notice of intention to sue for injuries occasioned to him when the hospital he was working in declined to renew his contract citing the desire to pursue a different direction. The hospital had already given a four-month notice to him because the department in which he was working would follow a different direction and, therefore, his services would not be required anymore. This paper will suggest alternative means of settling this dispute. The alternatives to litigation have been considered because they would save the parties from the lengthy court suites and also the funds ...

CRITICAL REVIEW

CRITICAL REVIEW

Gairik Sengupta, Subhrojyoti Bhowmick, Avijit Hazra, Ananya Datta, and Musfikur Rahaman (2010), wrote on the “Adverse drug reaction monitoring in psychiatry out-patient department of an Indian teaching hospital”. The topic as stated by the authors shows only a general possibility in the medical field. In this case, the authors do not seem to be specific in which drug is been studied. At this point the reader of the article is left guessing what could be the drug under investigation. The need to have a single or a range of particular drugs give the researcher specific objectives other than the blanket ...

MEMORANDUM

When a company considers the options that are available in dealing with any business dispute, it will be more advantageous for the parties to resolve issues in the most effective manner possible. Several matters concerning the state-level disputes can be handled in the court system. Basing on the severity of the dispute, the case could go further as high as an appeal and reach the state's Supreme Court. A more realistic route to take would be to remain within the jurisdiction state court or adopt the Alternative Dispute Resolution, ADR. The best idea is to review both the systems ...

ABSTRACT

This study explores on the effects of the subprime financial crisis (SFC) on the United States (US) that lasted between 2007 and 2011. Key to understanding the foregoing requires further exploration of the history of subprime lending in the US and its implications to the SFC. A qualitative review of studies under the provided brief literature review provides the methodology for the accomplishment of this study. Findings show that apart from worldwide economic effects, the US greatly suffered from the collapse of its subprime lending market, the decline of financial institutions due to providing too much allowance to granting ...

(Professor Name)

Portfolio Management Concepts The concept of portfolio management is a lucrative sword as not only it offers not only returns but the investor also have to face risk associated with it. If the Investor is willing to earn higher return he has to associate higher return with higher risk. For an investor to diversify away the risk he can follow diversification rule. Under diversification, investor can include the assets which are not correlated to each other and thus by including these asset classes he can diversify away the risk. However, in terms of the risk there are ...

Introduction

Litigation is a process of dispute resolution that is considered to be cumbersome and very expensive. It involves going through the courts and this process is usually tedious especially because courts have several pending cases to handle. In this regard, many institutions find it preferable to make use of other Alternative Dispute Resolution systems (ADRs) which tend to be less time consuming and even less tedious. 1 A. The systems of alternative dispute resolution other that can be used by the employer other than that of litigation are such as that of mediation, that of arbitration and minitrials. These ...

Components of a legally astute social media marketing manager

First, the social marketing manager should be a person of integrity and of good ethical standards. He/she needs to respect customers’ right to privacy. He/she should be a person of integrity and good conduct since social media marketing may entail may scum projects and explicit contents. Hence, such a manager should always up hold the code of ethics and ensure the best services to his/her clients. Secondly, the social marketing manager should be able to demonstrate creativity and responsiveness to customers’ needs. The manager is sensitive to online traffic of comments in forums, communities, blogs and other social platforms. The manager ...

<Student’s name> <Professor’s name>

Introduction Investment activity is risky, as a rule, long-term investment of resources in certain assets with a view to profit. Investments can be divided into real and financial. Real investments are investments in physical capital (current assets, fixed assets, construction, etc.) and intangible (education, advertising, etc.) assets. Financial investments represent investments in the acquisition of financial assets (securities). For many investors, the priority investment is just the financial investment, since it provides them with endless possibilities. Of course, what would be the most efficient disposition of capital, you need ...

Analysis

Negotiation is the process and method by which the many differences, disputes and disagreements between various peoples and parties can be used as a means to voluntarily arrive at a compromise or settlement among the arguing parties. According to Ury, (2000) negotiation in any disagreement is aimed at by organizations or individuals as a solution of achieving an outcome as best as they possibly could. This is because the essentiality of these positions could as well be established. But for such a solution to produce an outcome that’s successful, the parties must possess the need to seek benefits that are beneficial and ...

B.ENG 3 (HONS) FT CIVIL ENG.

2012/2013

1. ABSTRACT This investigation is an approach to methods of solving problems in a standard form of contract called JCT. In the following work the JCT methods as Litigation, Negotiation, Arbitration, Adjudication and Mediation will be properly, defined, clarified and explained, subsequently the use of a questioner will be analyzed and discussed. This subject was chosen since nowadays with all the laws and clauses in contracts, disagreements happen often between parties in the construction business and in order to solve it through the right method, JCT can save both parties time and a reduction of ...

Business Name

Alternative dispute resolution means any other means of resolving disputes between conflicting parties other than the customary litigation. Therefore, it entails resolving disputes outside the court room and thus it is less confrontational. Nevertheless, a court of law has the powers to review and evaluate the validity, procedural and substantive justice awarded in an ADR method. ADR is divided into five main categories. These include arbitration, conciliation, meditation, negotiation, and neutral evaluation. These are the cardinal ways through which conflicting parties can settle their disputes without involving the court and succeed in ensuring a valid judgment.

Parties are encouraged to settle ...

1.1 INTRODUCTION ADR (Alternative Dispute Resolution) is a litigation provision to parties involved in a case that have an alternative way to solving their case. Taking a case of Georgia, parties that have been involved in divorce cases normally seek for judge or a jury to help determine the solution to their cases. In the country, such cases are occasionally expensive, and more so lengthy as there are many processes involved; taking almost six months period before hearing is done and the final solution regarding the case is made. This is always costly and lengthy. Therefore, ADR enables parties to give an ...

Traditional litigation versus ADR

With the growing popularity of the alternative conflict resolution methods, approximately 90% of the cases and conflicts in the business world today are solved informally. There are quite a number of differences and similarities between the traditional litigation and the alternative conflict resolution methods, also referred to as the alternative dispute resolution (ADR). The major difference lies in the fact that litigation is a formal method of resolving conflicts while the ADR methods are informal and do not engage the courts of law as the key decision making authority (Fiadjoe, 2004). Unlike litigation and the jury system, ADR engage such neutral ...

Law

A credit card agreement is a legal contract between a bank or financial institution that issues the credit card and the consumer who uses the credit card. On the one hand the banks want “freedom of contract,” while on the other hand the consumer wants transparency from the banks and the right to negotiate terms. (Talking, 2009, thecitizens.blogspot.gr) From the banks point of view consumers have the option to accept or to not accept the terms of the agreement. This is true because consumers can theoretically choose to never use credit cards. But from the consumers’ point of view there is ...

The US Hotel and lodging industry, according to forecasts from Standard and Poor’s has been characterized by overcapacity with about 48 million rooms, approximately one room for every 64 US citizens. The macro environment has been understood to be characterized by a cyclical trend with ups and downs in the recent years. The financial crisis of 2007/2008 seems to have hit the industry very hard as all indications point at a downward trend in the forth coming years. High levels of unemployment, fore closures and declined business and travel characterized this period, leading to the lowest occupancy levels since ...

Arguably, there are various issues and crimes in the world today, but most of them do not go to trial. Hence, it is crucial to implement and understand traditional and alternative dispute resolution litigation equally. The nontraditional and traditional litigation are available for organizations and individuals for them to resolve disputes. Hence, it is appropriate to compare and contrast traditional and nontraditional litigation forms of ADR (alternative dispute resolution).

Undeniably, the ultimate goal of both traditional and nontraditional litigation system is to ensure that dispute among the parties involved is solved. In both scenarios, the parties involved in the ...

Affiliated institute

Abstract Business all over the world need faster dispute settlement methods. However, Judiciary in India and in many countries of the world have not been upto the mark with the required timeline, hence Alternative Dispute Resolution (ADR) methods have been designed and implements all over the world. These methods are easier, faster, cost-effective and up to the mark with all the National or International Business Dispute Settlements.

Business Dispute Settlement in India

Indian Judicial system often delays the judgment of dispute settlement hence it is not a great idea in case of dispute to go for litigation on disputes. Instead, today Alternative Dispute Resolution ...

The United States Department of Health and Human Services provides comprehensive mediation and advocacy services for people who have questions and concerns about their health care. According to HHS.gov, mediation services are made available to those who want to resolve a dispute; usually, this happens between an individual and their health care provider or Medicare (HHS, 2011). Extensive options are given, including contacts for Health & Human Services representatives who can help with mediation; the mediation process is also detailed thoroughly. Mediation and advocacy are combined in the form of training that the Alternative Dispute Resolution (ADR) Division provides; this allows ...

Underline the best answer for each the following 40 multiple choice questions.

1. The most intense “laboratory” for conflict resolution is a. the work environment b. family relationships c. romantic relationships d. friendships

2. The textbook asserts that in Western culture conflict is typically viewed as a. challenging b. positive c. negative d. productive

3. The two things that are important in all conflicts are a. communication behaviors b. perceptions of those behaviors c. reactions to those behaviors d. a & b only

4. The “four horseman of the apocalypse” that are present in destructive conflicts are a. anger and criticizing ...

Robert and Denise are going through a very difficult time and it seems clear that intervention is needed. Of all the methods of ADR, facilitative mediation seems to be the most appropriate course of action. Through mediation, Robert and Denise will be helped to communicate effectively and slowly work through their various issues. Whether or not the couple reconcile their marriage, they are likely to have to remain in contact for the sake of their children. Therefore, they will need to find a way of communicating with each other in the long run, and mediation will be a valuable first step in ...

Introduction

The Social network movie depicts the establishment of Facebook, which is a social networking website and the lawsuits that followed due to its establishment. This paper critically analyses the lawsuits between Face book and the Winklevoss twins (Noughton 45). The paper provides an overview of the legal and ethical issues involved in the dispute between Facebook and the Winklevoss twins, the essay also reflects and discusses on the public policy favoring settlement agreements, and he various forms of ADR and their respective advantages and disadvantages in the context of the dispute between face book and the Winklevoss twins. In addition, ...