Alternative dispute resolution

to explain how mediations are run as a form of alternative dispute resolution. Our objective was to be as neutral as possible, our purpose was to usher each side to communicate about the issue what their approaches were in the upcoming mediation and what offers or suggestions they may have to the opposing side. We evaluated the role played by the disputants in the initial meetings by trying to get to the heart of each sides problem in their dispute and by listening to what each side wanted to…

These disputes have caused productivity to fall as they have led to high levels of staff absenteeism, high staff turnover and increasing legal claims. Strategies to resolve disputes include: a) Resolution The key stakeholders in resolving disputes include employees, human resource managers, the federal government, trade unions, employer associations, courts and industrial tribunals…

Facilitator From the first mediation class, I learned that the mediator’s role is to ease a conversation in order to guide two or more conflicting parties towards a resolution. Consequently, it is imperative that the mediator is trusted by all parties in order to allow comfortability with the issue, sharing their interests, and conflict resolution process. As facilitators of the process, mediators do not have a stake in the outcome of the mediation. Their role is to be caring, impartial, and…

Mediation Mandatory pre-suit arbitration is a practice whereby an unbiased third person called a Mediator acts to encourage and facilitate the resolution of a dispute between two or more parties (Christiansen, 2010). The information to follow will cover some of the more common questions asked by supervisors when faced with the unknowns of a mediation process. What are the advantages and disadvantages of mediation, does everyone at the company need to attend or can an attorney be sent instead,…

styles and communications choices, and processes to have the best resolution and an effective decision (Papa, Daniels & Spiker, 2008). The traditional perspective, first evaluates how both parties deal with conflict, in other words, which conflict style they have. Second, it demonstrates a competence-based model to have a productivity and effective process. Third, it shows how a groupthink can cause a negative impact during the resolution process. Then, it…

objectives for litigation include the resolution of legal disputes and the pursuit of justice using socially accepted procedures and values, mediation involves the resolution of disputes using methods accepted by the parties themselves. As a result, ethical obligations for legal representatives remain dangerously unclear. There are few clear boundaries regarding…

Common Ground American lawyer David Boies explains “Embrace a diversity of ideas. Embrace the fact that you can disagree with people and not be disagreeable. Embrace the fact that you can find common ground - if you disagree on nine out of 10 things, but can find common ground on that 10th, maybe you can make progress. If you can find common ground, you can accomplish great things.” Common ground can be difficult to achieve between parties if your ideas are very different, but you want the same…

Fact-finding is "a third-party dispute resolution method in which a neutral third party investigates a bargaining impasse and issues nonbinding recommendations for a settlement" (Budd, 2017). Fact-finding is important to labor relations because it allows unbiased settlement terms, management and the union to not appear weak because they are following the suggestions made by the third-party, and lastly publicity might drive the parties to settle the dispute in order to save face with the public…

At Divorce Mediation Centers of Texas in Plano, TX, we know how difficult divorce is for a couple or a family. We know because we handle divorce mediations every day. Not only is there an emotional toll taken on all of the parties concerned, there is also a financial toll in the form of attorney’s fees and lost time at work for court dates and more. A divorce mediator is essentially a neutral third party who helps you and your spouse to decide important issues of separation like division of…

If a claim will result in a potential recovery that is so low that one plaintiff may not find it worthwhile to pursue due to the expense and effort required it may be a good candidate for a Class Action Lawsuit. In these types of suits, many people with a common cause join together to file suit. Suits of this type are allowed when (1) The group share common questions of law that can be settled in the same suit, (2) it is not possible for the group members to bring the action individually, and…