A Mediation Case: Jones Discharge Case

Superior Essays
Jones Discharge Case – Labor Counsel-A mediation case

The mediation process was an extensive process that lasted around 40 minutes. The two parties involved were present d due to the severity of the issue the mediator had to be actively involves in every step of the process. The mediator had a basic plan or outlined in order to conduct the mediation. Mediation process initiated with the laid out of common guidelines or rules in order to prevent misinterpretations or uncomfortable moments between the two parties. Lewecki (2011) explains that while mediating it is always important to explain to both interest parties that the mediator is a third neutral party hat has the mission to facilitate the process. The mediator also pointed out the expectant chronogram of the activities such as the initiation stage, problem discussion stage, and decision-making stage (p.22). The specific case was involving jones vs. legal counseling and as a background information the negotiator make a short summary of the issue just to inform the two parties that the mediator had gathered and studied the facts about the case in which Jones was allegedly fired without any right to get a compensation due to the avoidance of information while filling his application to work in the company.
…show more content…
The company had the turn to talk. They argued and said due to the infraction and purposely-withholding information. They believe that no compensation should be made to the worker. According to Lewecki (2011) negotiators should be the main person who can make offers and the negotiator can determine if the offer is high or low in order to understand the order of priorities from both sides (p.42). The legal counseling that was representing the company decided that they have an offer. This offer compensates the worker for the months that he was without a work. The worker will be hired under the conditions of accepting a lower position within the

Related Documents

  • Improved Essays

    The appellants were given four weeks’ pay in lieu of notice. The appellants claimed wrongful dismissal as the notice of termination was less than the notice period stated in the Employment Standards Act. Issue: What should the termination notice period be in an employment contract, if the notice in the contract violates the statutory standards? Results Achieved:…

    • 657 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Case Activities 3 Discharge in Bankruptcy In this case, Joseph Harman, the president of Carter Oaks Crossing was loaned $400,000 by Caroline McAfee. Harman signed a promissory note that specified the company would repay the amount of the loan with interest in installments in which the installments would begin in 1999 and end in 2006. Harman signed a personal guaranty with the promissory note. Carter Oaks Crossing eventually defaulted on the note causing McAfee to sue Harman for payment under the guaranty.…

    • 1324 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    State V. Jones Case Study

    • 928 Words
    • 4 Pages

    Mr. Jones was arrested three weeks ago for firearms trafficking and diversion. The police launched an investigation into Mr. Jones based upon a tip that large numbers of automatic weapons were being sold out of Mr. Jones’ home. The investigation led police to believe that the sale a purchase of the weapons was gang-related and they obtained a search warrant on this basis. On the day of the arrest two uniformed officers approached the residence of Mr. Jones while other officers positioned themselves around the building. As the officers stepped onto the porch Mr. Jones’ brother opened the front door, upon seeing the officers, he began yelling and retreated into the home.…

    • 928 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    On the other hand, if the parties can't achieve an agreement in intervention, no issue. As mediation is confidential nothing can be used developed during the mediation in court procedures (Leone, 2011). Conclusion Thus considering the given facts, the best conflict resolution method is litigation.…

    • 1359 Words
    • 6 Pages
    Great Essays
  • Great Essays

    US V. Jones Case Analysis

    • 2427 Words
    • 10 Pages

    Final Exam Arizona State University Ulysses Avila November 30, 2014 Questions 1. (10 Points): Write a short brief of U.S. v. Jones (2012). Make sure you follow the format for legal briefs in the example posted on Blackboard. (See Content section for brief example, and Week 14 Readings for the court case). .…

    • 2427 Words
    • 10 Pages
    Great Essays
  • Improved Essays

    Plea Bargain Case

    • 683 Words
    • 3 Pages

    The Legal system can be incus lice of a Plea bargain. A plea bargain is an agreement reached between the prosecutor and defendant, where the defendant agrees to plead hilt, in return for something beneficial to the defendant, such as a reduced sentence. (Plea Bargain) This essay will include a plea offer from the procurer’s office, a counter offer from the defense council, and discuss the role of the Judge in plea bargain cases. It will also include what factors contributed to the plea offer and justification to the offer.…

    • 683 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Marshall Court Case Study

    • 818 Words
    • 4 Pages

    From 1801 to 1835, the Marshall Court consisted of six to seven Associate Supreme Court Justices and Chief Justice John Marshall. He was part of the “Midnight Judges” appointed by John Adams on the last day of his presidency, in an attempt for the Federalists to dominate the judicial branch. Marshall was one of the last remaining Federalists involved with the government and his influence on certain cases lasted much longer than the Federalist Party itself. The Marshall Court increased the power of the federal government in terms of the meaning of a contract, the power of the federal government versus the power of the state government, and the regulation of interstate commerce. This became apparent in the Supreme Court’s rulings on Dartmouth…

    • 818 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Employment contracts should involve a simple exchange of labor and money; it should never require more. “One sells one’s labor but not one’s self to a company” (Duska, 4). As employees we have a responsibility to exchange reasonable work for fair wages – we are being paid for our labor, not our…

    • 1165 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Fairness Vs Mediation

    • 365 Words
    • 2 Pages

    The parties can appeal the decision and they do not have control of the outcome. Additionally, the fairness of a mediation decision includes no judge or jury, the parties must agree and they do not have control of the outcome, the parties can speak…

    • 365 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The Mattie T. Consent Decree (Mississippi) Citation MATTIE T., et al., Plaintiffs, v. HENRY JOHNSON, et al., Defendants DC75-31-S Plaintiffs and Defendants The plaintiffs listed in the original case were as follows: Mattie T., Aaron, O., Julius M., Aretha M., Anna M., Carol M., Christopher O., Christine O., James M., Michael E., Johnny W., Erma B., Louise R., James T., Charles P., Glendale P., Sammy Y., William Y., Tommy W., Myrtle R., Stevenson M., Bennett M., Steven J., Jacqueline W., Bennie F., John W. The defendants listed in the original case were as follows: Charles E. Holladay, et al and their successors in office Setting The basis of this case was twenty-six school aged children with disabilities represented by their parents,…

    • 745 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The mediator eases the tension by giving everyone a chance to talk and since everyone is given the opportunity to be heard it brings the aggression all the way down so everyone feels like they’re being…

    • 1120 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    On the other hand, as for the procedural justice, because in this case, the outcome (the wage) is already bad, so the procedural justice becomes even more important. In order to increase employees’ job satisfaction, it is essential to carefully listen to their voice and give them a chance to request an appeal. Overall, as I mentioned before, the employees may feel…

    • 970 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    In this simulation, a negotiation was conducted between the Twin Lakes Mining Company and the Tamarack Town Council. The main issue was regarding the mining operations which caused air pollution. However, the issue emerged into several problems from the previous discussions: the paving dirt roads and their maintenance, the selection for the next site, the taxation rate, and the restoration of the consumed mines. As part of the representatives of Twin Lakes Mining Company, our objective was to achieve higher investments with more than 132 point values for the final agreement.…

    • 1701 Words
    • 7 Pages
    Improved Essays
  • Great Essays

    Negotiation Reflection

    • 1560 Words
    • 6 Pages

    The other day, my daughter came in to my study room and asked me for help with her homework. We negotiated that while I’m writing my paper, write down all your problems and I will help you when I will be done. What we did “negotiation” this is what we do on a daily basis, numerous time we are negotiating and are unaware of the fact that we are negotiating. “Negotiation is a process by which we attempt to influence others to help us achieve our needs while at the same time taking their needs into account”. (Lewicki, Saunders, Minton).…

    • 1560 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Introduction Negotiation is a process of dynamic communication in which two or more parties attempt to settle differences and defend interests directly through dialogue in order to achieve a solution or a satisfactory agreement. In this paper I will discuss the important rules in negotiation and what to avoid during a negation. Importance of Negotiations The description of a work often includes negotiation skills as a desirable quality in a charge applicants list, however the ability to trade involves a set of communication and interpersonal skills to be used together to achieve a successful outcome . The circumstances of negotiation occur when two people or groups of people can not agree on the solution of a problem, the goal of a project or contract.…

    • 1085 Words
    • 5 Pages
    Improved Essays