...Alternate Dispute Resolution Clause University of Phoenix developed learning team to help individuals work together as a collaborated unit to gain intellectual advantages. However, when individuals come together to implement and complete tasks and objectives, occasionally, problems and issues could arise. For instance, if the team develops a binding learning team charter, which each team member must agree to the charter’s terms and is responsible for completing his or her part of a task or assignment within a certain timeframe for the team’s editor to compile each member’s part into a single paper or presentation. When any team member fails to uphold his or her ability to complete the assignment, an alternative dispute resolution (ADR) must come into action. The ADR enables team members to implement the process of using mediation process with a mediator, who listens to both sides of the issue, and makes a fair decision based on the binding information in the learning team charter (Jennings, 2006). However, the charter is binding, in which an arbitrator has the deciding factor or binding in a way that each member must agree on the outcome in the mediation process. If a team member do not post his or her assignments when designated, or if do not complete the assignment in any case, the team will vote on a resolution to solve the problem with an appropriate course of action. Whereby, which person’s name possibly removed from the assignment with no credit on the assignment...
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...Alternate Dispute Resolution Mechanism The Concept & its efficacy: “It is the spirit and not the form of law that keeps the justice alive.” LJ Earl Warren The concept of Conflict Management through Alternative Dispute Resolution (ADR) has introduced a new mechanism of dispute resolution that is non adversarial. A dispute is basically ‘lis inter partes’ and the justice dispensation system in India has found an alternative to Adversarial litigation in the form of ADR Mechanism. New methods of dispute resolution such as ADR facilitate parties to deal with the underlying issues in dispute in a more cost-effective manner and with increased efficacy. In addition, these processes have the advantage of providing parties with the opportunity to reduce hostility, regain a sense of control, gain acceptance of the outcome, resolve conflict in a peaceful manner, and achieve a greater sense of justice in each individual case. The resolution of disputes takes place usually in private and is more viable, economic, and efficient. ADR is generally classified into at least four types: negotiation, mediation, collaborative law, and arbitration. (Sometimes a fifth type, conciliation, is included as well, but for present purposes it can be regarded as a form of mediation Need of ADR in India: The system of dispensing justice in India has come under great stress for several reasons mainly because of the huge pendency of cases in courts. In India, the number of cases filed in the courts...
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...Alternate Dispute Resolution (ADR) Clause for Learning Teams Cynthia Jordan LAW/531 April 26, 2010 Teresa Knox Alternate Dispute Resolution Clause for Learning Teams If a dispute arises in the learning team and cannot come to a settlement through negotiation. The team should first try to settle the dispute by negotiation before mediation, litigation, or some other dispute resolution procedure. The parties agree to convene the mediation in the Learning Team room. The consequences for the mediation will be determined equally by the team members. Learning teams have a contract known as the team charter that will disclose the steps of being effective and resourceful. The learning team is should communicate, collaborate, and generate ideas to achieve success. Mediation can be used in any learning team throughout the program. Mediation is confidential, less expensive, and agreeable resolution between team members involved (Jennings, 2006). The disputes that subject to ADR include: breach of charter, disagreements, not completing an assignment on time, and failure to show up during meeting times. Major concerns or issues should be discussed among the team members unless there is not a feasible agreement, then turn it over to the instructor. The instructor is only there to oversee the learning team and help come up with a solution. Provisions necessary to enable ADR to occur will include: mediator, team members with dispute, team charter, and meeting room...
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...Alternative Dispute Resolution Name: Institution Affiliation: Introduction Alternative dispute resolution is a method for settling parties' disagreements outside of court's antagonistic setting. Today, ADRs are greatly compelling to the point that courts frequently oblige parties to seek after this plan B before disputing their cases. Both arbitration and mediation may be court-requested. Settling one's dispute through components outside to the court structure may spare one time and cash. In the last twenty-five years, since Australia held onto multiculturalism as an approach, issues of intercultural correspondence have ended up more noticeable in the working environment. On the other hand, until as of late, little had been composed on these issues, and even now, numerous authoritative managers have no preparation. They as well have no learning of how to manage correspondence problems, despite the fact that most workplaces are staffed by individuals of diverse cultures. The report examines these three issue areas and shows that a considerable lot of the difficulties confronted by migrants in the workforce are caused by the absence of awareness of, and preparing in, intercultural correspondence. Why clients should be encouraged to use ADR and Implications Clients ought to be encouraged to make use of these alternative methods for solving conflicts for a number of reasons. ADR can permit access to justice. Case in point, as there can be cost and...
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...American Pest Control, Inc., ET AL. is a case from the Circuit Court of Fairfax County Virginia which was brought about by a homeowner Alvin and Gwendolyn Kaltman with a complaint against a pest control company All American Pest Control. In this paper you will learn what actions an agent of All American Pest Control did that lead to this lawsuit. What All American Pest Control management could have done to prevent this lawsuit. The ethical considerations reflected in the laws applicable to this case. Discuss which sources of law would be most relevant in this case and how All American Pest Control management could leverage knowledge of those sources to prevent similar instances in the future. Then provide recommendation of alternate resolutions that could have been pursued. " In 1996, the Kaltmans hired All American Pest Control, Inc. (“AAPC”) to treat and prevent pest infestation at their home on a quarterly basis. On October 23, 2006, All American Pest Control employee Patric J. Harrison performed the Kaltmans’ quarterly pest control treatment. At the time, Harrison was not a licensed pesticide technician in the Commonwealth of Virginia. Three days before treating the Kaltmans’ home, Harrison treated a commercial establishment with Orthene pesticide. After applying Orthene at that business, Harrison “failed to thoroughly clean his pesticide application equipment.” As a result, Harrison applied “Orthene dilution as a fan spray” to the baseboards and adjoining floor...
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...MEMORANDUM TO: Tracy Belford, Legal Supervisor FROM: Team C DATE: November 10, 2008 SUBJECT: Legal Situation – Al Jones Dear Tracy, Team C will explain the court level which Mr. Al Jones’ case can be resolved, the process or steps in filing a civil suit are addressed. The proposed resolution of the civil aspects compared to the criminal acts resolution. This memorandum will address court jurisdiction over the case. The team will also analyze the probable success in court and any alternative means of resolving the matter. Court Levels The alleged claims involve criminal and civil acts against the city and a Swedish property owner. In the United States fraud is considered both a civil and criminal act. This claim involves the Civil, Criminal Court and the State Court system. With the property owner being of Swedish citizenship the U.S. District court could be able to get involved. The property owner could opt to sue Mr. Al Jones for trespassing and possible property damage. Trespassing is considered a civil and criminal act, and the civil and criminal courts could get involved. As a result of trespassing, possible charges of damage to the property could be pending depending on the severity of damage done. Property damage in most cases would be considered a civil act and would involve the civil court. If the cases reach a trial and Mr. Jones is not happy with the outcome, and is able to produce evidence, which will benefit the case, the U.S. Court of Appeals...
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...Local Lawsuit (Morris v. Wood Preserving) Summarize the actions that lead to the lawsuit. In Morris v. Osmose Wood Preserving, 340 Md. 519 (1994), a number of homeowners purchased townhomes that had a roofs constructed of Fire Retardant Treated (FRT) plywood manufactured by the defendant Hoover Treated Wood Product, Inc. (Hood Wood). Homeowners claim in their complaint the fire retardant treated plywood, when exposed to high temperatures begin an acidic reaction that was designed to stop the spread of fire. It was also alleged that the reaction can occur at temperatures as low as 130 degrees and roofs can reach 180 degrees without the presence of fire. The homeowners say that the chemical reaction “weakens the wood and destroys the bonding between the plywood laminates, thereby causing the wood, among other things, to bow, darken, spot, warp fracture and otherwise deteriorate and lose strength capacity.” The homeowners claim that this reaction will eventually occur in the plywood installed in their homes, without regard to ventilation or moisture levels I attics. Management also advertised there products falsely after begin notified. The homeowners brought this class action suit to recover cost to replace their roofs that had the alleged defective fire retardant treated plywood. Discuss what management could have done in terms of risk management to have prevented the events that lead to the lawsuit. In retrospect, management could have handled this situation...
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...Michael Cusick Alternative Dispute Resolution Law and Ethics for Managers January 13, 2011 Alternative Dispute Resolution (ADR) can be used to refer to a variety of methods used to resolve disputes outside the formal court system (Bagley & Savage, 2010). Less expensive and timely than formal trials, an ADR can provide companies with much-needed privacy for discreet matters, help to maintain relations with strategic business partners, and may provide more flexible and creative resolutions to disputes (Clarkson, Cross, Jentz, & Miller, 2004). Negotiation, mediation, and arbitration are the most popular types of ADR (Bagley & Savage, 2010). For the benefit of business managers, this paper will review what is involved in the each ADR process, recommend steps to prepare for each type of action, look at some advantages and/or disadvantages of each, and discuss how legally binding the decided outcome of each ADR may be for the parties involved. One of the most simple and least formal types of Alternative Dispute Resolution (ADR) is negotiation. During a negotiation the disputants meet informally, with or without council, to attempt to settle their differences (Bagley & Savage, 2010). In some cases the court may require that the parties attempt to negotiate before a trail to attempt to reach a resolution and will only hear the case if cannot reach an agreement on their own accord (Clarkson, Cross, Jentz, & Miller, 2004). The disputing parties may also resolve...
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...sometimes even years, as a result, it is now commonplace to use Alternative Dispute Resolution (ADR) to resolve these disputes. More agreements often contain mandatory arbitration provisions that are legally binding and enforceable. In addition, almost every court or administrative agency empowered to hear cases now requires mediation as part of the formal adjudication process (Spangler, 2003). Abstract: Arbitration plays a crucial role in commercial procurement. Ideally, solid contractual agreements would alleviate disputes between parties. In most cases, disputes result from the terms of the contract rather than the actual contract itself. Arbitration offers dispute resolution that eliminates the need for costly litigation and time-consuming disputes in the courtroom. This paper considers the role of arbitration in contracted procurement. Additionally, it considers alternative dispute resolution (ADR) as a whole as arbitration is a subset of ADR and will discuss their relative advantages and disadvantages in comparison with traditional litigation. The aged concept of arbitration has recently begun to reach tremendous levels of popularity in the acquisition realm. Dictionary.com defines arbitration as, “the hearing and determining of a dispute or the settling of differences between parties by a person or persons chosen or agreed to by them”. Solving disputes through arbitration is by no means a modern concept. The first modern arbitration...
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...Challenging Arb Awards 1. Litigation • Traditional means of settling disputes • Court/judge as referee • Characterised by power of court to enforce its orders and judgments. • Three key stages: – Choosing forum; – Carrying out proceedings under rules of that particular court; – Enforcing judgment. • Ideally, parties will have agreed on choice of forum in contract. Litigation is Time consuming, expensive, so therefore as a result to ADR ADR : Alternate Dispute Resolution Alternative to Litigattion, NOT IMP FOR EXAMS. IMP IS —> IMP FOR EXAMSSS!!! 3. Arbitration 2. Negotiation/Mediation/Conciliation • 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...
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...Within the Australian justice system, Alternative Dispute Resolution mechanisms (ADR) have been historically perceived as a means whereby parties could seek to resolve a variety of disputes, but in a non-judicial manner. As we move further into the 21st century, the rising costs associated with lengthy and often ineffective litigation, accompanied with a need to reduce burdens placed upon our legal system have allowed for a notable shift away from the courts as the primary means of dispute resolution In the past, it has been largely up to the parties themselves to identify the issues in dispute, which would then be later adjudicated in an appropriate court. Many scholars have strongly advocated in favour of adopting pre action requirements,...
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...compensable. Homework Assignment 1 1. What clauses excuse the contractor’s failure to perform on time due to an act of God or the public enemy? 52.249-8(c) Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor. 2. What events stated in these clauses, other than acts of God or the public enemy, would excuse a contractor’s failure to perform on time? 2, 3, 6, 7 and 8 3. Do any of the clauses in #1 entitle the contractor to an adjustment in the terms of the contract? If so what type of adjustment? ?? 4. What clauses can the Government use to order a suspension of work or a work stoppage? 52.242-14 and 52.242-15 5. For what types of contracts would each of the clauses in your answer to #4 be used? fixed-price construction or architect-engineer contract is contemplated: As prescribed in 42.1305(c), insert the following clause in solicitations and contracts when a fixed-price...
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...Week 3 Individual Assignment Luis A. Campudoni LAW/531 Business Law Prof. Marlene Wilhite February 19, 2010 Legal Issues in Contract Fulfillment Agreements are a hot and critical topic in business agreements today. How do entities engaging in business contracts conclude in a consensus of the clauses, terms, and expectations of the project seem to fail at times due to expected and / or unexpected factors. This seems to be the case of the business contract between Span Systems and Citizen-Schwarz AG (C-S) where performance and deadline problems have emerged and is presenting a risk to the project status. Due to these factors C-S is now considering closing the contract with Span Systems terminating the project as it is. This request presents certain legal aspects that need to be considered before proceeding to minimize losses from both parties. In order to determine the proper path to follow I have provided a summarized analysis on the identification of problems, actions to avoid risks, legal principles in favor, and the recommendation of a final solution below. Situation: a) C-S is requesting Span Systems to conclude operations immediately due to poor quality on delivered project results so far and because Span Systems has not been able to stay on agreed schedule. b) Span Systems states that the approval and review process from C-S for the project was to extent because of an internal change in the project management structure from C-S’s part. As a result of the...
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...U.S. Judicial System Assessment Timery Toupin Baker College U.S. Judicial System Assessment There are several options available today when forming a business depending on the size of the business and number or owners involved in it. Each has advantages and disadvantages which I will discuss briefly here. The sole proprietorship is the least complex and cheapest form of doing business. It is a company with one owner and it is not registered with the state. Starting a sole proprietorship requires no formal paperwork or license, all you do is create it and go into business. The tax advantage of them is that any profit earned is treated as your personal income, and not treated separately by the IRS. Thus, you do not need separate or special taxes prepared each year for the business. These are the advantages of sole proprietorships. The largest and most daunting disadvantage is that any debts or legal judgements against your business are your personal responsibility. Your personal assets are fair game if you are ever sued or run into financial issues while doing business. Corporations are another form of business with several pros and cons to it. A corporation biggest pro is that it protects its owners from legal liability. Once the business is incorporated, the law sees it as a separate entity, and the owner’s legal liability for the business’s debts and activities becomes limited. Corporations are also able to issue stock, so it is a strong selling point for...
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...------------------------------------------------- (Arb/Cas/12/35) ------------------------------------------------- ------------------------------------------------- Memorandum for Respondent ------------------------------------------------- Table of Contents Table of Abbreviations I Index of Authorities IV Statement of Jurisdiction XI Statement of Facts XII Questions Presented XV Summary of Pleadings XVI Arguments Advanced 1 I. The Tribunal Does Not Have Jurisdiction Over The Claims Brought Before It. 1 A. The undertaking of the Claimant does not amount to an investment. 1 B. The Tribunal does not have jurisdiction over contractual matters. 2 1. The Tribunal does not have jurisdiction over contractual disputes because of an exclusive dispute resolution clause. 2 2. The terms of the contract are broad enough to incorporate associated claims. 3 3. Arguendo, if both forums have jurisdiction, the one under the contract should prevail. 3 C. Contract breaches do not lead to a violation of BIT in the present matter. 4 1. The acts of the Respondent do not violate the National Treatment requirement. 4 2. The acts of the Respondent do not...
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