Online dispute resolution

comparative legal study’. On a local and multinational platform, she represents both the private and public sectors, on matters such as: employment contracts, human resource policies and procedures, employee relations’ procedures, as well as dispute resolution. Six Reasons Why Disability Equity Programmes Fail So, why do workplace programmes aimed at including and mainstreaming of persons with disabilities fail, even when they were founded with the best intentions? Based on my in-the-field…

court reached the conclusion that “no valid agreement to arbitrate exist[ed] in the case” (Basulto v. Hialeah, 2014). The court argued that each of the three arbitration clauses, called for different dispute resolutions, which were contradictory to each other. One arbitration clause called for dispute by jury waiver, while another called for arbitration by a single arbitrator, and yet another required arbitration by a panel of three arbitrators. Furthermore, the court stated, “there was no…

Maddux of INSEAD, researchers compared reactions to apologies in the United States and in Japan. They discovered that in “collectivist cultures” such as China and Japan, an apology can be an effective negotiation tactic to relieve conflict and resolve disputes even if the apology is delivered by someone who is not responsible for the wrong. Their findings showed that negotiators with carefully delivered apologies could resolve conflicts and alleviate its effects in a way that financial…

When being "wedded" to your own story and how it applies to me generally means that as an individual i am tied to whatever words i convey to others regardless if it is something that effects them on a positive or in a negative way; but the aim for personally is to leave a mark of story filled with positivity and hope that whatever conflicts they are dealing with me as a mediator and negotiator can help them resolve regardless of how conflicting they may seem to be. although, when it comes to…

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…