BSP1004 Tutorial Answer Essay example

These mediation proceedings are not conducted under oath, do not follow traditional rules of evidence and are not limited to developing the facts. Mediators are expected to draw out the parties' perceptions and feelings about the events that have brought them into conflict. It also encourages parties to acknowledge

Should any member refuse to participate in the mediation that member’s action results in a lost position, and the dispute is then resolved. Mediation should not exceed one day. The team leader through directives from the instructor will facilitate the mediation in an attempt to resolve the dispute. Throughout the mediation each team member will be able to state their position and provide any supporting information on their behalf. After each team member has presented their supporting information in regards to the dispute, the instructor will rule on the dispute with the team leader serving as facilitator and witness. The instructor’s ruling is final and shall result in resolution of the dispute.

* Given a business situation, evaluate the various options for resolving a business dispute from a legal perspective and develop an optimal course of action to resolve the dispute.

1. Explain what functions racial beliefs serve for the dominant group according to the functionalist perspective. Conversely, explain what dysfunctions to society are caused by prejudice and discrimination.

Disputes between individuals can be resolved through mediation, tribunals and courts are sought depending on the complexity and nature of the dispute. Their effectiveness in achieving justice for and between individuals to varying extents will be assessed by their ability to uphold notions of fairness, equality, access, timeliness, enforceability and resource efficiency.

11. With regards to agriculture, what does the term “monoculture” mean? Monoculture id the cultivation of a single crop (on a farm or area or country).

“Grievance mediation is an alternative dispute resolution procedure which promises many of the advantages of arbitration in less time and at lower expense” (Roberts, Wolters, Holley, & Field, 1990). Mediation is less time consuming and the least expensive method of resolving a complaint than going forward with the arbitration process. If chosen by the complainant, grievance mediation is a completely voluntary step. This is the step prior to going forward to the arbitration process. The mediation step provides an opportunity for a

Exam 2 is 82 multiple choice, ordering and true/false with 2 essays. The essays cover esophageal disorders

Small claims court was established as an alternative dispute resolution forum. It is less expensive, faster and less formal than litigation. The increase in the jurisdictional limitations of Small Claims Courts have contributed to increase the caseloads in Small Claims, the popularity of the TV shows such as Judge Judy or Judge Brown also contributed to the caseload and peoples automatic action to fill cases. In order to clear the backlogs, in 1999 after a year of testing, Alberta Justice Minister of Alberta David Hancock made mediation a permanent part of the provincial civil court division. Based on the report, mediation helped to speed up the process. Cases were going to mediation within 5 weeks instead of 6 months just to get a court date. Alberta still incorporates mediation in their civil courts. Parties can choose to go to mediation or the courts can decide for them if they see fit. In 2004, research done in the U.K regarding mediation in Small Claims Court also indicated there is an increase satisfaction for parties and maximised efficiency in the use of judicial resources. What is the difference between Small Claims and Mediation? How would mediation help Small Claims Court? What are the limitations of such action? Are a few of the question that will be answered in this paper.

Mediation is also a private process, which is important for business owners. Simply being named in a lawsuit can have devastating effects on a business, even if it is cleared of any wrongdoing. Mediation usually takes place in a conference room, away from the public eye. Therefore, no news reporters or curious members of the public will be present.

States will save significant taxpayers’ dollars by choosing mediation over litigation. States that have chosen to pursue mediation have cited the massive expenses involved in litigation as one of their primary reasons for doing so. For example, in the Tri-State dispute, Georgia allocated over twenty million dollars to fund its ongoing litigation with Florida and Alabama. Due to both the process and the reduced time frame, mediation should serve to reduce costs for states. However, mediation will also have associated costs. For example, costs for experts and data collection may be significant. Nevertheless, mediation is likely to be less expensive compared to

Mediation will provide a quicker and more efficient process than litigation. Water disputes can last for decades. For example, the Tri-State dispute began in the early 1980s, but continues to this day. Water lawsuits, before the Supreme Court, also proceed slowly with years spent on discovery and determining whether a violation of a compact has occurred. Mediation can resolve disputes at a more reasonable pace. But, mediation can also be slow itself with one water mediation lasting over six years with no progress. Therefore, it is important that both mediators and states focus on creating deadlines for themselves and ensuring mediation proceeds without delay. In general, mediation will produce faster and more efficient outcomes for states.

2. Like negotiation the process of private mediation has many of advantages as a dispute resolution process. The private mediation process requires both parties to be willing to accept the process as a possible resolution method. This course of action is highly beneficial for issues that may be resolved in litigation due the fact that it’s a lot less costly. However, it does have some costs involved such as, possible attorney fees and mediator costs. In the process of mediation, both parties have the option to either accept the offer or decline it if they feel that it is not in their best interest. The process also is considered informal, but it is more formal that negotiation, due the fact that mediator controls the process and directs the discussion.

Throughout the years there has been many definitions of mediation. Nevertheless one the most acceptable definition of mediation refers to this procedure as a “…process in which the participants, with the support of a mediator, identify issues, develop options, consider alternatives and make decisions about future actions…” . They also described mediators as the third party assisting the participants in reaching their decision. This process should form a part of the pre-trial civil litigation process as its advantages on the legal system and the community outweigh its disadvantages. The distinguishing models of mediation make it a suitable approach for all or most civil cases.

If after 10 Business Days the dispute is not resolved then it must be referred to mediation on the same terms as those