Essay about How Societies Manage Disputes

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.

There are roughly 800,000 people living within the United States that is under the protection of an executive order during the Obama administration called Deferred Action Against Childhood Arrivals, or DACA. These children, commonly referred to as “Dreamers,” have grown up in the United States. They attended elementary school here, many graduated high school here, and many went on to become successful adults living in the United States, but as of September 5th, 2017 the DACA program was shut down by the Trump administration, pending a trial in Congress. This means that those hundreds of thousands of individuals living under the DACA arm will no longer be legal residents in the United States.

Here, the labor and management members are the partisans or advocates for their respective sides, and the neutral chairperson then becomes a single arbitrator. The unique role that the panel chair plays in the arbitration process is that it’s the chairs duty to keep other arbitrators well informed of the aspects involved within the case in order to make sound decisions. When the tripartite board doesn’t decide unanimously, they turn to the collective bargaining agreement, which often stipulate that a majority award of the board is final and binding. The advantages of this board are that it provides the neutral member with valuable advice and assistance from the partisan members, which allows the parties to give a more realistic and informed picture of the issues at hand. However, the disadvantage is that it takes additional time and more expenses are incurred with a board.

Since judges and solicitors don' t need to wear wigs at employment tribunals, cases needn't to be open to public under some circumstances and employment tribunals meant to be cheap, speedy and informal, but they are not informal, actually, they are becoming increasingly legalistic. As the complexity and magnitude of employment law keeps increasing, the workload of employment tribunals increases, lawyers are now needed, thus the employment tribunals are no longer as cheap and informal as before. "As to informality, anyone going to an employment tribunal expecting a cosy chat can think again, despite the injunction in the regulation that tribunals should seek to avoid

How do people best respond to conflict? People best respond to conflict when they band

Donna Driver unintentionally ran a red light, and caused a car accident with Vic Victim. Vic sustained severe injuries. Donna’s auto insurance policy with Gekko has liability coverage limit of $100,000.00. Vic’s medical bills alone run close to that, and there’s also his loss of work and pain & suffering to be taken into account. Vic wants to settle the entire case for $100,000.00, and Donna pleads with Gekko to do so since it is obvious that he could recover more than that based on the facts of this case. Gekko tells her that they will only offer $50,000.00, and if it’s not accepted, they will take their chances at trial.

The advantage of choosing the tribunal system is that it is not strictly bound by the restrictions of rules of evidence and precedent. Although, tribunals are to some degree bound by the decisions of other tribunals they have a greater degree of flexibility in their decision-making powers. This in itself means that tribunals can give the appellant a greater chance of success especially since tribunals can admit evidence that a court might perhaps refuse to listen to, for example hearsay evidence.

The Judicial court system is something that should rarely be called upon because in most situations should have an easy and diplomatic solution between the two parties with or without the

This essay will provide a detailed examination of what Alternative dispute resolution (ADR) is, particularly mediation, the various techniques of ADR, the advantages and disadvantages of ADR; and whether or not courts should have the authority to compel individuals into undertaking mediation or other forms of ADR. This essay argues against courts having the power to compel litigants into mediation but may be afforded powers to encourage parties to go through mediation at first instance. This essay will base its arguments on whether courts should compel civil litigants to follow the ADR route upon the perceived advantages of ADR and its success rate. The contention of this essay is not that mediation is inappropriately used to settle

In a dispute, it's often easier to describe how others respond then to how we respond. Each of us has a predominant conflict style that we use to meet our own needs. By examining conflict styles and the consequences of those behaviors, we can gain a better understanding of the impact that our personal conflict style has on other people. With a better understanding, you then can make a conscious choice on how to respond to others in a conflict situation to help reduce work conflict and stress.

The contemporary social issue I have selected is the discrimination of Muslims in America. I selected this issue because it appears to be a growing problem in the United States, and I believe it is rooted in racism, making it a two-part issue. Muslim is not a race, but in many Middle Eastern countries, Islam is the majority religion. Even though anyone from any race could be Muslim, it is only Middle Eastern Muslims that are targeted. As someone who is in the social work field, it is distressing for me to see a group of people be treated unjustly and experience many societal challenges based on their faith and race. Conflict theory is one theory that can improve people’s understanding of this issue. One of the main concepts of conflict theory is that “power is unequally divided and some groups dominate others” (Overview of Theories, 2008). In the social issue I chose, white Christians are the dominant group, and they hold more power than Middle Eastern Muslims. Power is not

Tribunals are composed of a legally trained chairperson along with two law experts who specialize in this field. They are often distinguished from courts due to their less formal procedures and by the fact that they operated in specialized areas; also the decisions of tribunals are mainly concerned with the laws of a particular organisation attempting to deliver administrative justice where the court can dispense justice through an independent judiciary. Tribunals are a key division of the courts in dispensing justice as an alternate way. There are over seventy tribunals today that often deal with over a million cases in the space of a year, all with the same view of making justice accessible to

Despite the fact, that the idea behind the procedural public policy concerns only arbitration proceedings itself, still the concept has to be scrutinized. Reference to the arbitral proceeding makes is understandable that procedural public policy deducts from the principle of due process . Though, there exist affirmation whether procedural public policy overlaps with the Article 1 of the New York Convention or whether this constitutes more than any breach of due process should not be a breach of public policy. According to the authors point of view, it has not sense to restrict the due process only to cases, such as lack of proper notification or lack of arbitrators’ qualification. Failure to present facts of the should not automatically form a breach of due process and also breach of procedural public policy.

On the contrary, the pluralist perspective asserts that society is full of conflicting values and ideas (222). It observes a great diversity of social groups within contemporary society. Morever, each different social group possesses its own set of beliefs (222). However, it does hold that a general aggreement exists concerning the usefulness of law as a formal means of dispute resolution (222). In addition, whatever decision is reached by way of formal dispute is acceptable due to both party’s agreement on the fundamental role of law (222).

With all of these acts and statutes being passed, it seemed as though arbitration was the way to go. But as more and more agreements to arbitrate future disputes were executed, other nonarbitral forms of alternative dispute resolution such as mediation and neutral fact-finding became common.