...in the new law journal, Kirstie Gibson talks about ‘the family mediation task force’ and why it was created. The article explains that the family mediation task force was made because the publicly- funded mediations dropped while the litigants in person rose. The purpose of the family mediation task force was to try and deal with family disputes together rather than going to court. The article points out that publicly funded mediation has dropped by a third due to the enforcement of the legal aid, sentencing and punishment of offenders act 2012, which changed the perspective of legal aid in family matters by eliminating legal aid from a majority of private family law cases, however this change has brought a drop in referrals from legal aid...
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...of this wonderful thing called mediation, under which she and Jack could be helped to reach a settlement. She has a few questions for you about mediation, all under Florida law: 1) Can she ask the court to order the parties to mediation if Jack refuses to go? If so, under what circumstances will the court do so? Answer- Jill can ask the court to order the parties to mediation if Jack refuses to go under the FL Statue 44.102 (2) (a) Must, upon request of one party, refer to mediation any filed civil action for monetary damages, provided the requesting party is willing and able to pay the costs of the mediation or the costs can be equitably divided between the parties, unless: 1. The action is a landlord and tenant dispute that does not include a claim for personal injury. 2. The action is filed for the purpose of collecting a debt. 3. The action is a claim of medical malpractice. 4. The action is governed by the Florida Small Claims Rules. 5. The court determines that the action is proper for referral to nonbinding arbitration under this chapter. 6. The parties have agreed to binding arbitration. 7. The parties have agreed to an expedited trial pursuant to s. 45.075. 8. The parties have agreed to voluntary trial resolution pursuant to s. 44.104. 2) Who can serve as the mediator (what are the qualifications) if the court directs the mediation? Answer – In the state of Florida No state requirements for the practice of mediation. Parties may choose any mediator...
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...within a family that led to separation, as it has with the Patton family, professional intervention should be considered. The manner in which these issues are conflicts are confronted could determine the mental health of the family involved in the conflict. Conflict is a fact of life (Wilmot & Hocker, 2011). When conflict is handled in a timely manner mental health is improved and the likelihood of depression is dissipated. The Patton family is experiencing major issues because of the avoidance of conflict, and avoiding channels that could facilitate in resolving their conflicts. Professional intervention such as mediation, arbitration, and negotiation all have positive outlooks; however, they present challenges as well. This evaluation will consider each of these processes and determine which would be most effective in resolving the Patton families conflicts. Evaluate The Benefits Mediation has many advantages, it is a less expensive alternative than the docket in the courthouse. When considering the Patton family situation mediation encourages collaboration, and cooperation. They need to come together and start a dialogue between each family member. Conflict cannot resolve unless there is effective dialogue between the disputants. Mediation can respond to many concerns, when delving into the lives of the Patton's it is important that every issue is addressed not just the concerns of the parents, but many issues that Leigh has hidden to herself. Through mediation many creative...
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...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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...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 were...
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...trial. The courts and others offer a variety of Alternative Dispute Resolution (ADR) processes to help people resolve disputes without a trial. ADR is usually less formal, less expensive, and less time-consuming than a trial. ADR is generally classified into at least four types: negotiation, collaborative law, mediation, and arbitration. Negotiation is a dialogue between two or more people or parties, intended to reach an understanding, resolve point of difference, or gain advantage in outcome of dialogue. Negotiation is intended to aim at compromise. Collaborative law (also called collaborative practice, divorce, or family law) is a legal process enabling couples who have decided to separate or end their marriage to work with their lawyers. The voluntary process is initiated when the couple signs a contract (called the "participation agreement"), binding each other to the process and disqualifying their respective lawyer's right to represent either one in any future family related litigation. Mediation, as used in law, is a form of alternative dispute resolution (ADR), a way of resolving disputes between two or more parties with concrete effects. In mediation, an impartial person called a "mediator" helps the parties try to reach a mutually acceptable resolution of the dispute. The mediator does not decide the dispute but helps the parties communicate so they can try to settle the dispute themselves. Disputants may mediate disputes in a variety of domains, such as commercial...
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...Essay for NRC CCOM-183: 1988 Professor: Dr. Atilio León Rubio PRIVATE UNIVERSITY ANTENOR ORREGO FACULTY OF COMMUNICATION PROFESSIONAL SCHOOL OF COMMUNICATION SCIENCES NOVEMBER, 2013 INTRODUCTION This paper aims to describe and analyze the main theoretical currents of communication in Latin America from two main aspects: first, the current state of research and production on the subject exists in some Latin American countries and on the other, the sense that scores from the beginning of the last decade, the curriculum reform in schools of communication in Latin America and, consequently, in the definition of the subject matter of the communication. Since the nineties, academic and research application of the theory of communication in Latin America has experienced a renewal, healthy and necessary overcoming change. This change starts mainly from overcoming the tendency to ascribe the declining communication studies to a single discipline and go creating a growing awareness of their status and disciplinary forms revolutionize approaches to the analysis and production, dissemination and reception the message. These changes, in fact, the main underlying theoretical and communication research in Latin America current. ANTONIO PASQUALI Arnaldo Antonio Pasquali Greco, born in Rovato, Italy; on June 20, 1929, is a Venezuelan social communicator. He is considered one of the introducers of thought in Latin America Communication underlying...
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...4. Introducing A.D.R. in Bangladesh Justice Mustafa Kamal Former Chief Justice Supreme Court of BangladeshWHY A.D.R?The Vagaries of Civil LitigationA. D. R. means Alternative Dispute Resolution, mostly applied to civil cases. When a civil case is instituted in a court of competent jurisdiction, the scenario usually is, that a long time is taken to serve the process, the defendants beat the law and submit their written statement/s after a long delay beyond the permissible statutory period of two months, lawyers and judges do not take any interest in screening out a false and frivolous case at the first hearing of the case under Order X CPC (in fact no such first hearing takes place), they seldom try to shorten the disputed questions of fact and law by application of Orders XI and XII of the CPC and mostly ignore the elaborate procedure of discovery, interrogatories, notice to produce etc. contained in those Orders, the issues of a case are seldom framed following the Code of Civil Procedure, the case takes several years to reach a settlement date and on the date of positive hearing half a dozen or more ready cases are fixed for hearing, resulting in the hearing of none. In the meantime years roll by, presiding judge of a single case is transferred a number of times, witnesses of a single case may be heard by more than one presiding judge, arguments are listened to may be by another presiding judge and judgment may be delivered by a presiding judge who had had no connection with...
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... The Social Service Agency provides human welfare and social work. Our team researched The Department of Human Services role of social services and used of mediation. The Department of Human Services is a large agency that helps millions of individuals daily. The mission of the Department of Human Services is to assist low-income individuals and families to maximize their potential for economic security and self-sufficiency (Department of Human Services, 2012). Under the Department of Human Services, is Family Services? This department has numerous agencies that provide protection, intervention, and social services to meet individual needs (Department of Human Services, 2012). As a team, we will compare and contrast the roles of mediator and advocate by describing the power limitations of each role, discuss under what circumstances an advocate is used during mediation, and which role is most critical to problem solving. The team will discuss the mediator bias, limitations of the mediator, scope of power, conflict of interest, confidentiality, mediator neutrality and impartially. ~”The best way to find yourself is to lose yourself in the service of others.”~(Mahatma Ghandi, 1869-1948). Power Limitations of Each Role There are limits to everything, mediators and advocates are no exception to the rule. In the Family Services, the power limitations for both roles differ from one another. A mediator’s limitations are: only facilitating communication during a negotiation,...
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...Conflict Resolution and Mediation: A Look at Same Sex Couples Psychology 399 Kari Holter May 3rd, 2013 Conflict can be both good and bad and with mediation and conflict resolution we can handle conflict situations properly and strengthen relationships. In this paper I will focus on same sex couples and how mediation and conflict resolution is the same and different compared to heterosexual couples. I will talk about some background info on conflict, mediation, and same sex couples and families. I will then discuss the 4 articles I read and what was found on same sex couples and mediation. CONFLICT Conflict is the interaction of interdependent people who perceive incompatibility and the possibility of interference from others as a result of this incompatibility (Folger, Poole, Stutman, 2009). The most important feature of conflict is human interactions and they are sustained by behaviors of the parties involved and their reactions to one another. These reactions are usually verbal and nonverbal communication. MEDIATION Mediation is a range of processes in which a mediator facilitates communication between parties to assist the parties in reaching voluntary decisions related to their dispute (SBHE Policy 605.5, Antes, 2003). There are three types of mediation. 1. Transformative – empowerment and recognition opportunities are supported. 2. Facilitative – parties reach a mutually satisfactory agreement. 3. Evaluative – parties decide based upon...
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...Jennifer Kerns SPE-350 Special Education Litigation and Law Discovering the Relationship Between the Law and Your School (Benchmark Assessment August 5, 2014 Nancy Hooper Discovering the Relationship Between the Law and Your School (Benchmark Assessment) For this Benchmark I had to research the law and how it is applied to special education issues that were covered in this class.. I looked at my state departments of educations website to view the laws of my state of Oklahoma and Texas and Arkansas to see how they cover special education issues. I had also had to interview a lawyer who is well-versed in school law. I interviewed Ms. Andrea Kunkel, she was a wealth of information. She is well-versed in Special Education law, she was an attorney at Rosenstein, Fist and Ringold, where she represented Oklahoma Public Schools. She handled many Due Process Cases, she advised school staff on their legal responsibilities under the Section 504, Title II of the ADA and IDEA. She also was the legal advisor of the Oklahoma Directors of Special Services and is now the staff attorney of CCOSA (Cooperative Council of Oklahoma School, where she is currently training school administrators on special education law and issues and is the liaison to ODSS group. The first topic we discussed was how has the legal system evolved, as it applies to special education, over the past 20 years, and how has that affected the legal framework for special education today? Ms. Kunkel said that...
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...Special needs individuals are not different from everyone they just need a little extra help along their way. This population has to have mediation because there are many who cannot speak for themselves. They need the help from a neutral person so that they can discuss complications that they may be dealing with without judgment. Advocacy is a necessity too because that individual needs a person to stand by their side and help them fight for what is right. In todays society people only care about themselves. This hinders those that have special needs because they also need people to think about how a person with special needs can do the same task. Just because an individual has a special does not mean that they cannot do what everyone else can. Advocacy would come in at this point because they are there to be on that individuals’ side and help them. The Special Education Advocacy is located in New England. They state on their web page "I implore you to see with a child's eyes, to hear with a child's ears, and to listen with a child's heart" (Special Education Advocacy, 2009). This is a very powerful statement and draws individuals in because they want that personal experience that they are offering. For the mediation services that they offer it is stated that they have “unbiased mediation for families experiencing conflict due to family special needs responsibilities, resolution of guardianship agreements, mediate differences regarding trusts ,and wills for special needs...
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...law field. I have not decided on one particular law career yet because I do not yet know enough about the different types of law, but the ones that I think do sound interesting are mediation, family law, and paralegal. A paralegal can work in any area of the law. They can work in family law, criminal law, etc, and also in the mediation field. What made you interested in the law in the first place? I think mediation sounds interesting because a mediator helps people settle their disputes outside the court room in a peaceful way. Mediators need to have excellent reasoning, problem-solving, and peace-making abilities (The Princeton Review, 2012). This appeals to me because I am more of a peaceful person and do not really like conflict or arguing, though I can stand my ground if I need to. According to the Princeton Review, a good mediator is honest, neutral, encouraging, listens well, and has excellent communication skills (The Princeton Review, 2012). I have all of these skills, especially the honest part, down well. In fact, my dad is always telling me I am too honest and I could never get away with doing anything wrong when I was little because I would always give myself away. hahaha Family law is interesting because I like the idea of helping families through the hard parts of life. Family court lawyers handle divorce, guardianship, prenuptial agreements, adoptions, parental rights, custody cases, and the financial and tax implications from these cases. They need to enjoy...
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...research is Evolution of the process of ADR in Bangladesh: Whether arbitration and mediation is appropriate procedure to solve dispute”. The aim of this research is to analyses the cachet and efficaciousness of the instrument of ADR in Bangladesh. At the same time an attempt is made to evaluate the sociological aspect of the ADR in Bangladesh. Hence, this writes up especially for those who have no legal background but want to have an idea about it is interesting to note that the concept of ADR is developing in Bangladesh as a performance of public duty by civil society groups advocating in support of progressive ideologies. I have collected all the materials from different books, scholars’ articles and offices from Law organization. I have collected the information about International aspect of ADR from different site of internet. At first I have collected different books relating to ADR. For the laws regarding ADR of Bangladesh and international, I have followed different Acts and Convention. INTRODUCTION The attempt to settle a legal dispute through active participation of a third party (mediator) who works to find points of agreement and make those in conflict agree on a fair result. Mediation differs from arbitration in which the third party (arbitrator) acts much like a judge but in an out-of-court less formal setting but does not actively participate in the discussion. Mediation has become very common in trying to resolve domestic relations disputes (divorce, child...
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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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