Resolution (ADR) processes to help people resolve disputes without a trial. ADR is usually less formal‚ less expensive‚ and less time-consuming than a trial. ADR is generally classified into at least four types: negotiation‚ collaborative law‚ mediation‚ and arbitration. Negotiation is a dialogue between two or more people or parties‚ intended to reach an understanding‚ resolve point of difference‚ or gain advantage in outcome of dialogue. Negotiation is intended to aim at compromise. Collaborative
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Informative Essay: All About Small Claims Courts Small Claims courts are a crucial aspect of the Canadian Legal system that could even be relevant to you one day. Small Claims courts are were created to try and give the average Joe a cheap‚ simple way to settle any type of arguments involving property or finances‚ without necessarily having to know a whole lot about law. You do not need to know many legal terms and the case usually consists of you telling your story for the judge to make
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This paper will outline a complaint process and illustrate the civil litigation that could follow if the Equal Employment Opportunity Commission‚ through mediation and arbitration cannot resolve a charge. The complaint is based on a scenario of an employee‚ named John. John works for a private sector business and he wishes to lodge a complaint of discrimination against the company he works for. This paper will explain the steps that are taken‚ from the beginning with the (EEOC)‚ Equal Employment
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Student Assessment Cover Sheet Course: DIPLOMA OF BUSINESS Unit Code: BSBHRM510A Unit Title: MANAGE MEDIATION PROCESSES Student Name: Militsa Antonova Student Number: 144854 Assessment: HRM-A: REVIEW QUESTIONS HRM-B: CASE STUDY HRM-C: PROJECT Date Submitted: 21st of April 2014 Student Details: Street: Unit 1820‚ 1 Laycock street City/Town: Surfers Paradise Post Code: 4217 Phone: 0403698509
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Steps of Mediation Introduction: In this essay I will be discussing the main steps in the process of mediation. I will be citing the 2011 documentary Putting Ourselves in Their Shoes: The Dialogue Table of Tintaya by the John F. Kennedy School of Government at Harvard University. In this documentary the community members of Tintaya mine have their land taken through subsequent privatization from the government‚ which is then sold to a company called BHP Billiton. The two groups must negotiate
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that it is faster and cheaper owing to the fact that litigation hearings are always based on a court’s schedule‚ which can sometimes be backlogged. MEDIATION In mediation‚ the parties usually engage the services of an independent third party (mediator) who has no vested interest as regard to how the proceeding turns out. In mediation‚ the mediator is merely a facilitator‚ as opposed to being a decision maker. The power in this process lies entirely on both parties‚ therefore there is
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UNIVERSITY OF SALFORD‚ SALFORD BUSINESS SCHOOL‚ HRM& DEVElopment | EMPLOYMENT LAW ASSIGNMENT | EMPLOYMENT TRIBUNAL JUDGEMENT REPORT | | ELEONU‚ EKEOMA CHIEMEJOLAM‚ @00345028 | 2/22/2013 | A tribunal Judgement report on constructive and unfair dismissal‚ detriment as a result of whistle blowing/ protective disclosure‚ injury to feelings etc. | EMPLOYMENT LAW MODULE‚ LECTURER: JONATHAN LORD. TABLE OF CONTENT Cover page 0 Table of content 1 INTRODUCTION
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Ethical Code” Competence of mediator is one of the important concepts in the Ethical Standards for Mediators (1996) (“the Ethical Standards”) by the Law Council of Australia and the General Ethical Code (2010) (“the Ethical Code”) by the Hong Kong Mediation Council. It is noted that the definition of competence is provided in more details in the former. According to the Ethical Standards‚ a mediator must not mediate unless he/she has the necessary competence to do so; and a mediator holds out to
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acceptable to the parties. The mediator does not make decision for the parties. The mediator will not offer legal‚ financial or therapeutic advice to any of the parties. The parties are encouraged to seek such advice independent of the mediation. (2) For mediation to be successful‚ open and honest communication and negotiation is essential. The parties will make complete and accurate disclosure of all matters relevant to the process of settlement. This includes providing each party and the mediator
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present their case in a pre-trial and further followed by a trial. The final decision will be issued by a judge or a jury based on the evidence from each party. “The most common form of ADR is arbitration. Other forms of ADR are negotiation‚ mediation‚ conciliation‚ mini-trial‚ fact-finding and using a judicial referee” (Cheeseman‚ 2010). ADR has different approaches to resolve a dispute. It is believed that negotiation is a simplest form of ADR. Negotiation is a method‚ when the parties involved
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