Online dispute resolution

Reasonover is not bound to the clause. The Federal Arbitration Act regulates arbitration of disputes which are subject to arbitration clauses. Even though the FAA has put in place a policy favoring arbitration, it is first necessary to determine whether the parties actually entered into an agreement to arbitrate disputes. Reasonover subscribed to a seven day trial period with Clearwire. The modem was shipped to her via FedEx, however when the package was attempted to be delivered she was…

Nils Christie’s article, “Conflicts as Property” discusses modern legal systems and the issues and concerns he has with them. He suggests that highly industrialized societies have created a legal system where conflicts are being taken away from those who are directly involved. Christie states that legal professionals, specifically lawyers or as he refers to them—“professional thieves” — are treating conflicts as property. He argues that conflicts become property when they are converted into a…

The four levels of conflict include intrapersonal conflict, interpersonal conflict, intragroup conflict, and intergroup conflict. Intrapersonal conflict occurs within the individual. These sources of internal conflict within the individual include emotions, attitudes, ideas, values, or personality drives that conflict one another. Interpersonal conflict occurs between different individuals, like friends, co-workers, family members, and strangers. This conflict usually is derived from unfulfilled…

1. Withdrawn/Voluntary Nonsuit When the plaintiff abandons his case, and consents that judgment go against him for costs. 2. Compromise/ Settlement - no court hearing A settlement that does not necessarily involve both parties appearing before the judge. Includes dismissals initiated by one of the parties for failure to prosecute; reconciliation orders, workers’ compensation settlements; compromise and settlement orders. Agreed Orders of Dismissal or Compromise/Agreed Settlements should be…

Conflict theorists Pruitt, Rubin and Kim (2003) list five changes that occur as a conflict escalates. First, parties move from light tactics to heavy tactics. Light tactics include such things as persuasive arguments, promises, and efforts to please the other side, while heavy tactics include threats, power plays, and even violence. Second, the conflict grows in size. The numbers of issues in contention expands, and parties devote more resources to the struggle. Third, issues move from specific…

*The potential impact of the impact bias on negotiation is straightforward. If people overall are expected to have trouble determining what they really want because of a tendency to overestimate how to achieve that item will affect their sense of well-being, the other party are also likely to have trouble identifying what they really want in the negotiation for the same reason. In negotiations, some may think that taking advantage of the other party’s mistakes is to your benefit. However, it is…

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…

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 communication is primary skill implemented. There are three main dependence that the parties have on each other, which entails negotiation; the common and contradictory…

disagreements between individuals or departments due to their diverse focus. Conflicts may occur within team members or departments, and client. A conflict allows opportunities for improvement. Therefore, it is mandatory to get understanding of conflict resolution techniques. Conflict management is the practice which allows identifying and handling conflicts sensibly, fairly, and efficiently. Sources of Conflict - Conflict is inevitable in the work environment which can lead to dysfunction.…

Conflict from a Lack of Self-Control Conflict is a calamity that breaks apart friendships, families, marriages, and communities. The causes of conflict could range from a simple misunderstanding to a fanatical opposition of political or religious views. Conflict causes animosity between parties and ultimately leads to resentment and animosity. Although conflict can be the result from various reasons, Jane Austen’s Pride and Prejudice illustrates that conflict is the result of a lack of…