Mediation

Civil litigation is the process of taking legal action against something. It starts with the Plaintiff bringing forth legal action against the Defendant. From this point, the Defendant has to respond to the Plaintiffs actions within a certain time period. Once the Defendant does respond, they can admit to it to a portion or none of the lawsuit at that time. Although if the Defendant does not respond within the time period, then the courts will step in and make a judgment on the case. Once the…

Mediation has become a very important and viable alternative to adjudication and arbitration in the legal system (labor disputes, family, business, and commercial disputes). In some countries and states we find laws of mandatory mediation, as a way to encourage the parties to the dispute to use the mediation process as a preferred way to resolve disputes. Unlike the process of facilitation, where the third…

management company. The company provides experienced supervisors that build performance review and information management system. As the consultant five conflict documents will be assessed, identify for negotiated strategies, mediation plans, trade-offs and risk analysis in the mediation/resolution process recommendations and arbitration. ( Module 5, Conflict Resolution Strategies, 2015) states that conflicts strategies are mainly resolved through some type of negotiation. Effective…

ADR is when legal disputes are resolved through methods other than litigation. Some of these methods are “negotiation, mediation, arbitration, summary jury trials, minitrials, neutral case evaluations, and private trials" (Kubasek 68). Two examples of ADR’s will be discussed. The first one is arbitration which is selecting a neutral third party to help resolve the dispute…

Labor disputes can be a very tough procedure and the easier way to settle the problem is through mediation. Employment mediation is a method use to settle disputes between employer and employee in which both parties agree to include an impartial third party who will conduct the negotiations in order to attain a sensible settlement. A professional mediator job is to help participant in seeking an agreeable solution to an impending risky business condition. The mediator will aid the participants…

According to Cleak, Schofield and Bickerdike in their article, “Efficacy of family mediation and the role of family violence: study protocol” a family is a basis block in a community. Thus, it is very important to maintaining of family building. Many families exposure to problems that threat the family and in many situations these problems lead to divorce and then collapse a family. An unstable family has serious consequences on all members of family. Many studies reported that children of…

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,…

This is a brief article written by a retired judge which provides that “parenting plan mediation” often only focuses on the people at the table; the parents. This article influenced our mediation case in that it points out that while a successful mediation between the parents saves them time and money by avoiding litigation, the person(s) that benefit the most from a successful mediation regarding child custody are the children. The source contends that research has concluded that conflict…

and the employee alike. By mediating employment disputes, however, the parties resolve the issues in a private, more efficient manner. Mediating employment disputes provides a number of advantages that the courtroom cannot provide. The goal of mediation is to settle a case.…

union and management officials look to mediation instead of arbitration as a means of resolving grievance disputes. b. reversed the government's pro arbitration stance taken during World War II. c. indicated that the federal courts should enforce agreements to arbitrate in the interest of industrial peace. d. all of these e. reversed the government's pro arbitration stance taken during World War II and suggested union and management officials look to mediation instead of arbitration as a…