...Mediator Qualification Paper “Confidentiality in mediation is based upon a complex combination of constitutional rights including the First Amendment: free speech/the right of the public to know; the Fourth Amendment: the right to be left alone; the Fifth Amendment: granting protection from incriminating oneself; and the Fourteenth Amendment: liberty rights to make individual and family decisions. In addition, tort law protects parties from invasion of privacy by others.”(para.1 etc) Therefore my opinion on the confidentiality versus good-faith requirement controversy, which applies to Texas, has bitter sweet results. It seems that courts can use confidentiality and good faith when they find it appropriate to obtain what they want. Therefore to me it does not meet the confidentiality fundamental basics of the First, Fourth, and fifth Amendments. According to, “Texas courts of appeals have consistently held that orders to mediate in good faith are void in the face of the state’s confidentiality statutes.47 According to one Texas Court of Appeals: “While a court may compel parties to participate in mediation, it cannot compel the parties to negotiate in good faith or to settle their dispute,” and the ADR statutes require “that communications and records made in an ADR procedure remain confidential; consequently, the manner in which the participants negotiate should not be disclosed to the trial court” (para. 1 etc). Is there one statute or regulation that covers all mediators...
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...Law Suit Recommendation Paper Tomekia Trimble Grand Canyon University: HLT 520-0101 February 26, 2014 When exploring the options of letting the physician go, I do not think it is wise for the physician to act irrational. As the hospital administrator it is in the best interest for the hospital as well as the physician to negotiate a good outcome. My facility is integral to success. It is our goal to end the relationship on the best terms. However, if this resolve does not come then other options should be explored upon. As a hospital administrator to ensure that the hospital is fully defended in the stance of the hospital opting out of renewing the physician’s contract I would explore several viable options to come to a resolution. Those considerable options would include, but not be limited to one or the other paths as follows: negotiation, mediation, arbitration, or litigation. Negotiation of the matter would involve employing a lawyer to negotiate. This would give insight to the goals of the company and the decision to go in another direction with the hospital. In the negotiation this will allow the current views of the hospital to be explored as well as a view of what direction the company saw the doctor to be leaning towards. Most hospitals have mission statements and goals visible to let patrons and employees know where their focus lies. It is almost certain the physician knew of these mission statements and goals. Mediation is another option to assist with...
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...Litigate: A Comparison of Litigation, Arbitration and Mediation 48 MAY/JULY 2008 TION MEDIA Deciding whether to litigate, arbitrate, or mediate requires an understanding of three dispute resolution processes. The authors begin with the major characteristics of litigation, and then discuss whether these characteristics are present in arbitration and mediation, and if not, how these processes differ. By Donald L. Carper and John B. LaRocco The authors teach at the College of Business Administration, California State University, in Sacramento, where Donald L. Carper is a professor emeritus of legal studies in business and conflict management, and John B. LaRocco is a professor of law. Prof. Carper is also an arbitrator and mediator and Prof. LaRocco is a labor arbitrator, mediator and fact finder. He serves on the American Arbitration Association’s labor panel. hy one might choose to use an alternative dispute resolution (ADR) process to resolve a legal problem is an interesting question, but it is not the focus of this article. Instead, it focuses on the fundamental attributes of litigation and explores whether these attributes are present in private arbitration and mediation. The purpose is to help people make an informed decision about the process they wish to use to resolve their dispute. This comparison also could help designers of ADR systems identify and preserve attributes desired by parties and jettison those that are not. W DISPUTE RESOLUTION JOURNAL ...
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...sometimes you have a personal dispute with a family member, friend or neighbour, or a legal dispute involving business. There are three main ways as alternatives to going to court to resolve a dispute in China: negotiation, mediation and arbitration, they are ADR. ADR means “Alternative Dispute Resolution” and it refers to various processes, commonly used in civil law tradition, which have in common the aim of a better communication between the parties during a dispute and the saving in managerial and legal time, expense and worry (Bevan, 1992). We can clearly distinguish the advantages of the ADR, comparing to the formal dispute settlement at court. ADR processes are quicker, as they can be arranged within days or weeks rather than months or years (example of one case in litigation). They are also less expensive, as earlier settlements save managerial time and they are confidential. They are voluntary, which means that the parties are free to walk out every time without interfering the legal procedures and their rights (Bevan, 1992). Mediation, one of the most used ADR, involves a neutral third party, called a mediator, to help the disputing parties to reach an agreement. Mediation in China has been existed in China for more than 2,000 years. It was used in the Western Zhou Dynasty (1146 BC-771 BC) and then used during the Qin Dynasty (221 BC-207 BC). There was always a preference for mediation throughout all the history of Imperial China. The mediation system and the legal system...
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...• Parties seek to resolve matter entirely themselves; • Non-judicial method of dispute resolution • Tribunal created by agreement of parties. • Meet to discuss problems; • Allows for expertise in tribunal (arbitrators) • Sometimes a “mutual facilitator” is employed to assist (Mediator). • Allows delays of litigation to be avoided. • UNICTRAL and other organisations have established rules for conciliation • Allows parties option of removing matter from court where there might be national chauvinism. • Quasi judicial in procedure • Awards of tribunal can be enforced/set aside by law (ie supervisory jurisdiction of courts) - Negotiation : involves 2 parties, negotiating to reach a point. Popular in accidents. - Mitigation: Involving a 3rd party, so we meed a mediator ( 3rd party ) To facilitate them to come to their own decision. You basically just assist them to getting to their own decision. Popular in family disputes, husband and wife. - Conciliation: similar to mediation - Both parties agree to go to court. - Usually people don’t agree to go to court, cause one party sueing the other. - Contract has choice of law (Eg, Use Aus law) and choice of forum (Arbitration clause or no) - So...
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...Psychological Testing Name Instructor Course: Date Submitted: Introduction Psychological tests are useful instruments both in the social, economic and medical sectors as they help in the selection of individual for either job placements or therapeutic purposes. This paper will mainly focus on the application of these tests in identifying, recruiting, employing and promoting of candidates in different job positions in companies and industries. Some organizations have devised methods for carrying out these activities. Among them are the psychological assessment tests, usually given at the inception stage of the recruitment to help in identifying a candidate with the desired traits and qualifications for the jobs. What is the meaning of a psychological test? According to (Gilliland, 1993), a psychological test is a mechanism used by organizations to identify the suitable people for the right positions. The tests involve the use of legally and professionally developed methods of measuring intellectual and personality strengths, communication ability, and leadership skills of the individual in question. Interviews and structured questionnaires are commonly used during the process. These tests are however not 100% efficient. For one, some of the answers to the questions given depend solely on the honesty of the interviewees. In this case, the candidate may decide to keep some necessary information. In this case...
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...the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute.[2] Some of the senior judiciary in certain jurisdictions (of which England and Wales is one) are strongly in favour of the use of mediation to settle disputes.[3] Please read: a personal appeal from Wikipedia founder Jimmy Wales Read now Alternative dispute resolution From Wikipedia, the free encyclopedia Jump to: navigation, search | This article needs attention from an expert in Law. Please add a reason or a talk parameter to this template to explain the issue with the article. WikiProject Law or the Law Portal may be able to help recruit an expert. (November 2008) | | This article needs additional citations for verification. Please help improve this article by...
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...better to resolve it at the moment it rears its head. Therefore, it is necessary that the procedure of resolving it must be agreeable by both the parties. The preamble of the Constitution of India declares to “...... to secure all its citizen justice, liberty, equality and fraternity”. The justice granted to citizen is of social, economical and political. However, the mode of delivering the justice to the citizen of India poses so many questions. It is in this regard necessary to put the question that whether the present system of access to justice is satisfactorily fulfilling the constitutional goal? The present mode of access to justice in India is based on the adversarial legalism. This system is generally followed in the common law countries. In this mode of justice the State plays a neutral role and it is parties who are responsible for initiating and conducting litigation. However, any crime is considered as an offence against the State in which such proceeding is initiated. This mode of justice was adopted by the Britishers to exploit the masses in their colonies. The whole set up was for the convenience of the administration in which the position of the power addressee was very pathetic. If we analyse the adversarial legal system, we could find that there is no parity of power between the parties to the dispute. It discriminates on the social, economical and political ground and thus directly hit to the...
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...Foreclosure Crisis in Florida and Beyond: Suggested Conflict Resolution Framework For Resolving this Crisis American Dream (or) American Nightmare [pic] [pic] David W. Puckett Email: dpuckett@dvergence.com Skype: david.w.puckett Twitter: davepuckett@twitter.com Phone: 813.727.3583 Introduction Each day there are stories reported in the news about mortgage foreclosures, detailing the single biggest financial crisis to hit the nation that is creating a strangle-hold on our economy and preventing economic recovery. While the entire nation has been stunned, the crisis has disproportionately affected the states of Florida, Nevada, Arizona, California and Georgia; these states were hit with an unprecedented loss of value in residential real estate. According to the leading provider of real estate industry statistics, Realtytrac.com (2011), one in every 611 United States housing units had a foreclosure filing during the month of July 2011 and it appears that the foreclosure processing delays, combined with the smorgasbord of national and state-level foreclosure prevention efforts such as loan modifications, lender-borrower mediations and mortgage payment assistance for the unemployed may be allowing more distressed homeowners to stave off foreclosure.. A CNBC report said that the falloff in foreclosures is not based on a “robust recovery in the housing market but on short-term interventions and delays that will extend the current housing market...
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...NATIONAL ASSEMBLY -------Law No. 10/2012/QH13 SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------- LABOR CODE Pursuant to the Constitution 1992 of the Socialist Republic of Vietnam amended and supplemented under the Resolution No. 51/2001/QH10; The National Assembly promulgates the Labor Code. Chapter I GENERAL PROVISIONS Article 1. Scope of regulation The Labor Code specifies the labor standards; the rights, obligations and responsibilities of the employees, the employers, the labor representative organizations, the employer representative organizations in the labor relation and other relations directly related to the labor relation, the State management of labor. Article 2. Subjects of application 1. The Vietnamese employees, apprentices, interns and other employees specified in this Code. 2. The employers. 3. Foreign employees working in Vietnam. 4. Other individuals, agencies and organizations directly related to the labor relation. Article 3. Interpretation of terms In this Code, the following terms are construed as follows: 1. Employees are people from 15 years old and above, capable of working, working under labor contracts, receiving salaries and subject to the management of the employers. 2. The employers are enterprises, agencies, organizations, cooperatives, households and individuals hiring, employing employees under labor contracts. The individuals must be sufficiently capable of civil acts. 3. The labor collectives are organized...
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...for itself. Though there has been strides for improvements in the system of education for India in the last decade, the fundamentals of the law on education is where the main issue lies. There have been many changes to the education system of India in the years since their independence, but there is not much to show for the changes that have been made to their system since the quality of education material, as well as the quality of educators has made little improvement. The education system in India saw many changes shortly after colonial times, and have continued to change since then but the changes have not made as large of an impact as they should have. Many people see the education in India as inadequate, which it may certainly be. Before the British East India Company took the steps to intervene into the educational system, education had little to do with government. The education of India has an interesting history. It is believed by many historians that in the ancient days, the material that was to be taught was done so by word of mouth and was to be taught by the sages and the scholars. The information was passed on from one generation to the other. After the development of letters obviously people started to write. These ancient people were using things like palm leaves and the barks of trees as their form of our everyday paper, in doing so this also aided in spreading the written literature. Places like temples and community centers posed as schools. Some...
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...be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective position in the immediately preceding -elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years. (Emphasis supplied) The aforequoted provision is patterned after Section l(l), Article XII-C of the 1973 Constitution which similarly provides: There shall be an independent Commission on Elections composed of a Chairman and eight Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age and holders of a college degree. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years.' (Emphasis supplied) Regrettably, however, there seems to be no jurisprudence...
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...Student Handbook 2012 WELCOME TO WAIKATO Welcome to the University of Waikato. I hope you make the most of your time here and the opportunities that will present themselves during the course of your study. You have come to an excellent university that is ranked top in 10 subjects under the Government’s Performance Based Research Fund. We are also internationally connected; we have research connections and student exchanges with some of the world’s top universities. I urge you to consider taking part in these while you are with us. Here at the University of Waikato, you will be taught by lecturers who are leaders in their fields of research and who win national teaching awards. We are proud of our academic quality and the fact that we turn out sought-after graduates who go on to take up important roles in all parts of the world. You will already have noticed our beautiful campus which is set in 68 hectares of gardens, green space and lakes. At the heart of it all is the new Student Centre, which was completed in 2011. With its accessible areas, Library services and multitude of facilities, it is a place for students to study or just gather together and we are very proud of this building. In 2011 we celebrated 10 years of another important building, the Gallagher Academy of Performing Arts. This world-class facility was the vision of a group of driven Waikato people. It quickly became a focal point in the campus and continues to be an important venue for the performing...
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...shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective position in the immediately preceding -elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years. (Emphasis supplied) The aforequoted provision is patterned after Section l(l), Article XII-C of the 1973 Constitution which similarly provides: There shall be an independent Commission on Elections composed of a Chairman and eight Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age and holders of a college degree. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years.' (Emphasis supplied) Regrettably, however, there seems to be no jurisprudence as to what constitutes practice of law as a legal qualification to an...
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...1. Employment law is rooted in which of the following: contract law & agency law 2. In Lemmerman v. A.T. Williams Oil Co. (1986), eight-year-old Shane Tucker was found to be an employee of the oil company where he slipped and hurt his hand because the manager had the authority to hire and fire employees for the defendant and the jobs Shane did were in the course of the defendant's business and he was engaged in doing them when he fell. 3. When can an employer ask questions regarding an individual's disability? after making a conditional job offer 4. Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin. 5. Which of the following is an exception to the “at will” rule? express contracts, implied contracts, violation of statutes 6. A pattern that is the subject of efforts that is reasonable under the circumstances to maintain its secrecy, is an example of a trade secret 7. Which type of lawsuit occurs when one or more persons sue or are sued as representatives of a large group of persons similarly situated and interested in the outcome of the lawsuit? Class-action 8. In a discriminatory claim, a plaintiff must prove all of the following except: D (?) 9. Executive...
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