Essays on Arbitrator

Third party intermediaries are persons, teams, and organizations who are involved in the conflict to resolve it. The people are professional conflict resolvers who are hired specially to help the disputing parties to resolveand manage the conflicts. The mediation, fact finder, and binding arbitrator are most active and powerful types of intermediary in the U.S. Mediation are neutral party that plays an important role in handling the conflict. They facilitate others and arrange meetings, set agendas, and develop productive discussion. They process the discussion and move the parties towards win-win agreements and mutual understanding. For example, if any conflicts ...

Emma Williams’s Case

Arbitration is a formal process for determining a grievance between parties in a conflict. A labor arbitration process involves an employment-related dispute between an employer and employee. The authority of an arbitral award comes from the binding arbitral clause in a contract of employment or the authority given by the parties through the appointment (Walras, 2013). An arbitrator has quasi-judicial powers to investigate, listen to the grievances of the parties and provide a decision, which is binding on all parties involved in dispute. However, arbitration must be launched on time to have a force of law. The dispute in ...

Background — Setting and Issues of the Case

In 2008, 49-year-old Brian Schafer was fired from his job as a battalion chief with the Pompano Beach Fire Department in Florida. Chief Harry Small stated that Schafer’s failure to take charge at the scene of two different firers was the reason for the termination. Small also asserted that, when questioned about the incidents, Schafer had lied when he claimed that two other qualified firefighters were already in charge by the time he arrived at the scene. Supported by his union, the Pompano Beach Professional Fire Fighters Union, Schafer contested his dismissal, noting that in his 27 years ...

One of the variations of arbitrations can be considered from the aspect of executory and ad-hoc arbitration. The difference between the executory and ad-hoc arbitration is that in an executory arbitration, the arbitration is agreed upon or set prior to any dispute arising whereas, in the case of the ad-hoc arbitration, arbitration is agreed upon after a dispute arises. Executory arbitration is best suited for situations where parties go into a contract together. Ad-hoc is best suited in cases where disputes are not likely anticipated or where the dispute arises where parties have no form of immediate dispute resolution ...

Abstract

The different forms of Alternative Dispute Resolution or ADR are interesting topics that were discussed in this class. There were five chapters that we consider the most interesting parts of the reading as they provide information that not only increase our awareness about dispute or conflict resolution, but they can serve as guidelines on how to come up with better ideas in providing solutions to various issues. The different chapters of the reading, such as chapters 1, 2, 3, 5, and 7 provided insights on cases, which these ADRs can be used. One may think that conflict resolution is ...

I agree with the arbitrator that the employer had no just cause to terminate the Grievant from employ based on the “tangible” information provided during the case. The arbitrator’s decision centers on his duly right assertion that the employer carries the burden of proving that the Grievant did or did not perpetuate the alleged violation of established rules. The employer, as described by the arbitrator, did not provide sufficient evidence to prove beyond reasonable doubt that the Grievant committed the violations that resulted in her termination. The employer’s case against the grievant hinges on the credibility of ...

Human Resource Management

Comparison among San Francisco, Las Vegas and New York’s Provisions on Grievance Procedures A grievance can simply be defined as a concern, complaint or problem related to the working environment. Due to the diversity at the workplace, people have different beliefs, opinions and thoughts about how to approach work and as a result they often have grievances relating to issues that arise from the workplace procedures. The Las Vegas collective bargaining agreement defines a grievance as a dispute or a difference of opinion between the employer and the Union with regard to the meaning, interpretation and application of ...

Introduction

Alternate Dispute Resolution is a method of settling disputes without the intervention of the civil courts. This application of the mediation process is especially successful in conflicts of family, minor injuries, home negligence issues and most other disputes in which the settlement is relatively fixed and lowers than a jury trial would assess. There are three basic types of Alternate Dispute Resolution (ADR): arbitration, reconciliation and mediation . A mediator is a neutral third person who adjudicates the proceedings and is agreeable to both parties before entering into the negotiations. The parties have to additionally agree upon accepting the ...

Introduction

A labor relationship between parties is regulated by the contract. Any disputes regarding the terms of the contract may be settled in the Court. The Courts established common law rules determining the rights and duties of the employer and employee. Nevertheless, the employment conditions were often unsafe and harmful, hours of work long and wages low. The government started passing laws to combat exploitation of employees by employers. In 1900s government started establishing minimum employment standards, which became the basis for modern labor standards legislation. While the government was taking legislative actions, employees started forming trade associations to increase ...

Executive summary

The research paper analyzed the disputes in the Dwight Babcock Condominium with the aim of identifying the sources of disputes and amplifying of the proper conflict resolution processes. It identified self-interests and laxity to enforce the Window Replacement Policy as the cause of the disputes. Nonetheless, the study indicates that applied the processes such as voting, emails exchange and annual general meeting after the dispute employed mediation, arbitration and negotiation to solve the disputed matter in the Condo Association.

General outline

The research paper will analyze the causes, methods of resolution and conclusions based on the findings of the study. In ...