Alternative dispute resolution

To make a new rule OSHA would first draft a proposed rule then publish the proposed rule in the Federal Registry where the public can review the new rule and comment on it. The agency (OSHA) must allow ample time for comments to be submitted on the rule then they must consider any and all significant and relevant comments and provide a response to those comments, be it a change in the rule or an explanation as to why the rule will stay the way it was drafted. If the agency changes the proposed…

I believe that this class greatly helped me improve my writing a key area in the legal profession, but I still think I can improve greatly. One of the biggest areas I can improve is in my ability to write in active voice. I know that I write in passive voice quite often and it has always been one of my biggest struggles to write in active voice. This area will continue to be an area where I hope to improve upon the more I write. Due the nature of not having any clients I feel as if it is…

Beyond Instrumentalism: A Relational Approach to Negotiation The authors of Beyond Instrumentalism: A Relational Approach to Negotiation described three different approaches to negotiation, instrumentalism, altruism, and relational. The authors define instrumentalism as assuming negotiation behavior from a selfish motivation, or “what is better for me (or us)?” (Ingerson, 2015, Introduction pp. 3). Altruism is people essentially displaying representation to proceed with a longing to supply to…

In many cases, personal injury claims that go to trial might take years to settle. In addition, a jury can be unpredictable. You may feel as though they will award you a large sum, but by the end of the trial you realize that the award will barely cover your attorney’s fees and any other expenses you have accumulated over the curse of the trial. As a result, an out of court settlement is a viable option. Settlements outside of court are usually kept private and give you the ability to negotiate.…

During session 2 we discussed my negotiation style “The collaborating Owl” that checked with the ‘conflict management style’ -test. This negotiation style fits me well. As an Owl I see negotiations as an challenge in which when done right there are only winners. During session 2, I got some really nice feedback of a classmate that told me that it is important to know what your goals are before start negotiating as an Owl because as an Owl you can lose focus. This is certainly the case during…

Discuss the Cost of Document Review and How It Can Affect the Outcome of a Case It is not a stretch to say that high e-discovery cost are a core problem in civil litigation. Because the costs are uncertain, many legal attorneys stay away from e-discovery, yet almost all documents and original records are electronic, and have been for years. The review process, which involves document search and reviews, is the most expensive part of the e-discovery process. For its part, the review process in…

After reading module three, I determined that understanding conflict negotiation styles was the most valuable to me. It was brought to my attention that my negotiation style is more of an accommodator than anything else. I totally agree with this accusation. I understand that being an accommodator can lead to me losing my own goals in the process. I was also identified as a compromiser and collaborator which could be strengths. None of these styles are bad until I tend to fall back on…

Government officials at a court trial also contributes to parties who steal conflict from the directly involved people. The paper emphasizes the idea that victims and offenders in a trial lose the opportunity to participate at their own conflict resolution. It is not the victim who explains the injustice done to them, but it has become the Crown’s job to do so and also be at the spotlight. Similarly, it is not the offender who gets to decide what relevant facts to winning the case, it is up to…

Conflict is the resulting tension of two or more parties who are unable to, at least in part understand, empathize with, or tolerate an idea or behavior. This tension can be expressed through words, violence, segregation, or disassociation with the opposing party. As Thomas Kilmann theorized, it is rare that a conflict, even of mild consequence, is disconnected from other factors, but rather that conflicts are cradled in a nest of emotional investment, moral beliefs, and political ideology. This…

being in management I have talked to irate patients and employees daily. Here at in my current job as a Senior Assistant CSR in the Escalation department most of my calls are from upset patient, parent, caregiver, of Doctor Office. Using my conflict resolution skills is the best way to deal with conformational people. I start off by letting them know I am here to help and then I precede by asking them to calmly explain the problem so I that we can come up with a solution. By letting them know…