...To: Maria From: Sarah Farrell Date: March 1st 2015 Dear Maria, I did some research regarding what we had discussed earlier and found two cases, that direct me on whether or not you should be adding in the arbitration clause. The first case was CB Richard Ellis, INC. v. American Envtl. Waste Mgmt. 1998 U.S. Dist. LEXIS 20064 (E.D.N.Y Dec. 4, 1998), the New York courts attitudes to arbitration and mediation clauses where the plaintiff contracted with the defendants company for waste removal services under a written contract with general mediation clause governing “any dispute”, claim or controversy arising out of or relating to this agreement or the work when the plaintiff sued for fraud, unjust enrichment, and breach of contract for overbilling and paying kickbacks, the defendant moved to stay the proceeding and compel mediation. The court found the Federal Arbitration Act applied to mediation under the parties’ contract as a process that would “settle” the controversy. The mediation clause was broadly worded, had no exclusions, and covered all disputes relating to the contract. It had a strong presumption favoring in arbitration and governed disputes that only touched the matters of the agreement. In the second case, Dean Witter Reynolds v. Byrd, 470 U.S. 213, 218, 84 L. Ed. 2d 158, 105 S. Ct. 1238 (1985). In 1981, respondent invested $160,000 in securities through petitioner broker-dealer. The parties had a written agreement to arbitrate any disputes that...
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...Mediation and Ethics Consultation: Destiny Gove Mediation and Ethics Consultation: “The orchestration of moral collaboration [required in ethics consultation] will be complex. Parties will share morally problematic situations but may have different senses of what is relevant and understandably different personal stakes. The ethicist has special responsibility to enliven a process in which these common moral concerns stay in focus while differences are recognized and, ideally, mediated.” —Margaret Walker, 1993, p. 39. Abstract Mediation has received considerable attention in the bioethics literature on ethics consultation. The recent consensus report Core Competencies for Health Care Ethics Consultation issued by the American Society for Bioethics and Humanities acknowledges positive benefits of mediation training. In times when moral consensus in the most intractable of cases is not possible, mediation or other conflict resolution strategies might help the parties reach a resolution. Moreover, mediation training can help ethics consultants achieve mastery of the interpersonal elements of ethics consultation. However, to argue that mediation can be appropriately adapted as an ethics consultation modality is a more controversial matter. This paper surveys the bioethics literature regarding the role of mediation as a consultation modality and presents criticisms levied against bioethics mediation. The strongest criticisms concern the supposed...
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...Advocacy and Mediation website review BSHS 422 University of Phoenix In this paper three websites pertaining to mediation and advocacy for different types of people will be reviewed. All of these websites are great vehicles for researching advocacy and mediation. These websites offer a plethora of information regarding advocacy and mediation. The National Organization of Human Services website, defines the field of Human Services as - "broadly defined, uniquely approaching the objective of meeting human needs through an interdisciplinary knowledge base, focusing on prevention as well as remediation of problems, and maintaining a commitment to improving the overall quality of life of service populations. The Human Services profession is one which promotes improved service delivery systems by addressing not only the quality of direct services, but also by seeking to improve accessibility, accountability, and coordination among professionals and agencies in service delivery” (The National Organization for human service). In America, the National organization of Human Services is considered to be the nation's principal agency for health protection and provision of essential human services to all Americans especially those who are considered to be in the lower level of society. Human Services professionals working for and with the varied agencies mediate and advocate to resolve conflict and to educate about its varied causes and concerns. Advocates speak for and...
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...Introduction Conflict is a problematic event, and, such as, it needs to be managed (Sara, 2011). To a certain extent, it is correct because it endangers existing relationship and undermines the constructive initiative between at least two parties in the group process. On the other side, some researchers may insist the appearance of conflict is inevitable, in somehow conflict may emerge from everyday in our life. Mediation The word mediation is now in common usage, but still liable to be ambiguous with similar words such as “conciliation” and “reconciliation”. Mediation has become increasingly necessary to agree a universal definition. According to The Council of the European Union, it defines mediation as: “a structured process…whereby two or more parties to a dispute attempt by themselves, on a voluntary basis, to reach an agreement on the settlement of their dispute with the assistance of a mediator.” A mediator is defined as: “any third person who is asked to conduct mediation in an effective, impartial and competent way…” Mediators help the parties to explore more settlement and to reach mutual agreement. Participants are encouraged to reach the agreement autonomously and mutually decision, without threats and pressure from each parties and without direction from the mediator. Counselor VS Mediator Although family mediators and counselors undoubtedly similar with some common areas of knowledge and skills, it is important to state that the role of mediator differs...
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...essential to resolve disputes through mediation and arbitration to make a mutual decision between parties who are unable to resolve issues by themselves as well as avoid high cost legal fees. Mediation and arbitration may not work all the time but with the right mediator and arbitrator, at least eighty percent of the time they are able to work out an agreement that is acceptable to both parties (Cahn & Abigail, 2007, pg. 196). Once the case is acceptable, legal action may not be needed and the parties can move forward to an agreement. Cahn & Abigail (2007) defined the role of arbitration as a neutral third party considering both sides of a dispute and makes a decision, which is more binding than that of a judge in the legal system if both parties have agreed in advance to abide by the decision (no appeal)” (pg. 195). Depending on the situation and conflict, it can be beneficial going through arbitration so all parties will be able to express their side without having a judge or jurors make a final ruling. Cahn & Abigail (2007) defined the role of mediation as a neutral third party that facilitates communication between the conflicting parties so that they may work out their own mutually acceptable agreement” (pg. 195). Conflicts can be difficult to resolve because all parties feel that their way is the right way and no other way is right. This can get out of line especially when the conflict needs to be resolved. The function of mediation and arbitration is to resolve conflicts...
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...formal and informal means of resolving disputes in an economical way. Two of the most commonly used ADRs are arbitration and mediation. All disputes within the learning team will use the mediation process for resolution. The learning team charter that was set up in the first class must be followed as all team members discussed. The conflicts between the team members that effect the efficiency and productivity of the learning team will be subject to the ADR process. If a disagreement, dispute, or claim arises the team members should use their best efforts to settle the dispute. Any conflict that cannot be solved by the involved members will enable the ADR process after 24 hours. If a dispute arises between team members, they must participate in a mediation process with a neutral person appointed by the other remaining team members. If the dispute involves all of the learning team, a facilitator will be involved to appoint the mediator. The mediator will have confidential discussion with each involved member and will try to reach voluntary agreement. Mediation involves no formal procedures and the mediator does not have the power to render a binding decision or force parties to agree. In the event the dispute is not settled during mediation, an arbitration clause will follow. If the dispute cannot be settled within 36 hours after mediation has been appointed, the dispute will be referred and resolved through arbitration. The...
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...Mediation and Advocacy Literature Review An internet search for websites that link mediation and advocacy to human services was done and multiple sites populated on the topic of mediation and advocacy. However, I decided to research three of the websites listed on the University of Phoenix Material; National ADR Organizations. The three sites I reviewed are: • Mediators: www.mediators.org • Arizona Mediation Institute: http://www.arizonamediation.com/process.php • CDR Associates: http://www.mediate.org/ Following is a summary of what I reviewed in each website and the resources linking mediation and advocacy to human services. • Mediators: This site did not provide an about us or mission statement. It is not a website that provides a service. It provides information and various articles about different categories like: child custody, child support, mediators, family law and divorce. I found the information on this site very helpful for individuals dealing with divorce. My son is going through a divorce and I was able to get some helpful information regarding child custody. The different articles provided addressed various topics relating to human services and the process to mediation. • Arizona Mediation Institute: The Arizona Mediation Institute site offers a service and an about us tab that stated they offer “an unparalleled mediation experience. By creating a mediation environment that is both approachable and professional, Arizona Mediation Institute provides...
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...Conflict and Mediation OL 7001-8 Assignment 6 Karen Platt Dr. Benton September 6, 2015 Mediation Workplace-based stress may be triggered by interpersonal differences, which can produce damaged relationships, loss of productivity, decreased job satisfaction, and lowered morale (Cahn & Abigail, 2014; McKenzie, 2015). Stress is the emotional or intellectual response by someone to a perceived threat in his or her workplace or personal life (Cahn & Abigail, 2014; McKenzie, 2015). In many cases stress can result in workplace conflict. Not all work-place conflict can be resolved without third-party intervention. A third-party is brought in to facilitate a negotiation process when individuals cannot negotiate or agree on an issue effectively. Mediation is an intervention in a standard negotiation conflict acceptable by all involved parties (Cahn & Abigail, 2014). The unbiased third-party has limited or no authoritative decision-making power, is neutral, and perceived as being fair (McKenzie, 2015). Mediation has been found to produce better organizational outcomes than other interventions. This paper provides a closer look at mediation, mediators, and the process used during conflict resolutions. In addition, the author has provided an example of a practical application of a mediation plan used by mediators. Mediator’s Roles and Responsibilities Independent mediators are neutral, impartial, and normally have no prior relationships with the...
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...Develop Mediation Guidelines Mediation is suitable for most workplace disputes. The following guidelines outline the way this organisation conducts workplace dispute mediations. Mediation is an informal and flexible process in which a neutral third party, the mediator, seeks to facilitate discussions between the parties with a view to assisting the parties to resolve the dispute, or at least, to clarify the issues in dispute. The Mediator The mediator is independent and impartial and has no vested interest in the outcome of the settlement of the dispute. If the mediator becomes aware at any stage of any circumstance that might reasonably be considered to affect adversely his or her capacity to act independently or impartially, the mediator must inform the parties immediately. The mediator must in such circumstances terminate the proceedings, unless the parties agree otherwise. The mediator will not later act for any party in, or relating to, any conciliation, arbitral or court proceedings in respect of the dispute. Date, Time and Place of Mediation/Identification of Issues The mediation shall take place as soon as practicable after any further documentation agreed to be provided has been forwarded to the mediator. The mediation shall be fixed for a date, time and place agreeable to the parties and the mediator. In the event that the parties cannot agree on a place for holding the mediation the mediator shall nominate the place. The parties agree to be bound by the...
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...Managing a Mediation Process offers an overview of the process of mediating interstate and intrastate conflicts. Each of its six chapters covers a different step in the process, identifying what needs to be done at that step and how best to accomplish it: ● ● ● ● ● ● SMITH AND SMOCK MANAGING A MEDIATION PROCESS Assess the Conflict Ensure Mediator Readiness Ensure Conflict Ripeness Conduct Track-I Mediation Encourage Track-II Dialogue Construct a Peace Agreement Managing a Mediation Process is the first of several handbooks in the Peacemaker’s Toolkit series and deals largely with Track-I efforts. Each handbook in the series addresses a particular facet of the work of mediating violent conflicts, including such topics as negotiating with terrorists, managing public information, constitution making, assessing and enhancing ripeness, and Track-II peacemaking, among others. MANAGING A MEDIATION PROCESS Consolidating practical wisdom distilled from the hard-won experience of seasoned mediators into an easily digestible format, this handbook is designed to help mediators identify areas where they may need more research or preparation, as well as options and strategies relevant to the particular case on which they are working. Examples from past mediation efforts are provided. CT ST RU CE T CONA PEA MEN E AGRE Managing a MEDIATION PROCESS AGE OURC II E ENCTRA GU O DIAL UC T ONDAC I ON C R T DIATI ME Amy L. Smith and...
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...Mediation or Conflict Resolution Processes The interviewee position as Center Coordinator/Supervisor requires her to play the role of the internal and external mediator. She plays mediator when staff members have issues that arise between them. Mediation is used with the interviewee because it allows the individuals involved to give their perspectives on the matter. During mediation the interviewee demonstrates fairness, respect, equal attention and confidentiality. This helps when a neutral party to the matter, can assist the individual in making a decision that is satisfying for all parties as a resolution to the matter at hand. Some of the issues that the interviewee serve as mediator for are child abuse or neglect, low income families that are not able to meet the needs of their children and families, language barriers, challenging behaviors of the students and encouragement of parental involvement. Each case is handled with the appropriate actions warranted for each issue respectfully, and cautiously not to overlook anything and to ensure immediate attention. The interviewee has been an advocate for over 40 years. Advocacy is important to her because children need someone to be their voice and truly loves children. Also she feels strongly about being the voice of individuals who do not understand the process of acquiring resources for needed services. The interviewee goals are to provide a smooth transition for the children from Head Start to Elementary School and...
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...Mediation and Advocacy Literature Review Alex Vasquez BSHS 442 September 21, 2011 Instructor- Barker The field of human services combines counseling, social work and psychology in one. Meditation is a step by step process in which agreements and disagreements are explored with individuals who have a conflict and try to reach an understanding of one another. A mediator is not there to create a solution but rather promote it and keep their parties engaged in problem solving. An advocate also works with clients but they side with the better half. They work with clients in order to help them negotiate on their own and also represent them during their conflicts. Linking mediation and advocacy to human services requires all three parties to be fully engaged in helping individuals. An advocate and mediator are instructed to help individuals during a conflict; this links them to human services because they are required to use their thinking skills as well as people skills to help them during their disagreements. Human service professionals are determined to find the equality in other individuals by helping them realize what the other half is expecting from the other person as well as carrying out many roles. Human services professionals negotiate just like mediators and advocates with their clients the purpose, goals, and nature of a helping relationship, all professionals are entitled to protect the client's rights by providing confidentially and maintaining a decent privacy...
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...still feel this way and practice accordingly. In the personal injury field one needs to be very aggressive in order to seek the best compensations and the best outcome for the client. It is my obligation to give the best advice to my client before seeking any other legal alternatives. As attorneys we must acknowledge that we represent a ‘person’ who is a victim of some sort of incident. Whether they are the victim or the accused we are hired because they need our legal help. Once the facts have been established and the case has been processed (disclosure/ evidence obtained), mediation can be the best course of action. The reasons mediation are favourable are: 1. Negative consequences from litigation; 2. Time and legal costs of litigation; and 3. Mediation is a predictable and less confrontational option. Mediation is a method of problem-solving that relies on consent of the parties. For this reason it is more attuned to self-determination than is a trial resulting in a solution imposed by a judge. As a lawyer it is my duty to give the soundest advice possible. Whether this requires a...
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...Research the following TERMS and PHRASES these are linked with your assessment. Attach your definition or explanation to each point. Please remember to Reference. Question 1 In your own words explain the following: a) Mediation Action between parties, as to effect an agreement or reconciliation ✔ b) Triggers anything- an act or event that serves as stimulus and initiate a reaction or series or reactions. ✔ c) Parameters Guidelines, boundaries of the scenario on given policy ✔ d) Communication techniques Skills and implementations used to exchange or thoughts, opinion, information, and messages. ✔ e) Models and Systems for mediation consist of 4 main models : Facilitative mediation, Evaluative Mediation, Transformative mediation, and Narrative mediation ✔ f) Stakeholders All parties that are directly or indirectly related which all share an interest to a act or event ✔ g) Endorsement approval or sanction given by any party ✔ h) Participant A person or a group that take part in any given situation ✔ i) Resolution a resolve or the act of resolving or determining upon an action ✔ j) Mediator A third party; person or a group(s) as an intermediary, settling dispute or agreement between parties ✔ k) Negotiation Mutual discussion and arrangement or the term of a transaction or agreement ✔ l) Arbitration The hearing and determining of a dispute or the settling of differences parties...
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...Six Stages of The Mediation Process In mediation, two or more people come together to try to work out a solution to their problem. A neutral third person, called the mediator, is there to help them along. Most mediators have some training in conflict resolution, although the extent of their training varies greatly. Unlike a judge or an arbitrator, the mediator does not take sides or make decisions. The mediator's job is to help the disputants evaluate their goals and options and find their own mutually satisfactory solution. Mediation is forward-looking; the goal is for all parties to work out a solution they can live with and trust. It focuses on solving problems, not uncovering the truth or imposing legal rules. This, of course, is a far different approach than courts take. In court, a judge or jury looks back to determine who was right and who was wrong, then imposes a penalty or award based on its decision. Because the mediator has no authority to impose a decision, nothing will be decided unless both parties agree to it. Knowing that no result can be imposed from above greatly reduces the tension of all parties -- and it also reduces the likelihood that someone will cling to an extreme position. Also, if mediation does not produce an agreement, either side is free to sue. Typically, neighbor-to-neighbor or other personal issues are resolved in a few hours. Negotiations between divorcing couples or small businesses often involve several half-day sessions, spread...
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