Premium Essay

Pre-Mediation Situation Analysis

Submitted By
Words 353
Pages 2
While utilizing the Pre-Mediation Questionnaire, I chose to complete the process for both a personal conflict and a professional situation. The personal conflict I chose was my divorce ten years ago and the litigation that occurred settling our marital property and the issues of child custody. My workplace conflict that I chose was the more recent conflictual process that occurred when my previous employer sold the building, the employees, and customer relationships at the branch of the bank where I had been employed for the previous sixteen years.
Before filling out the questionnaire, I was under the impression that the responses that I gave would be very different. Despite being during different time periods in my life and involving

Similar Documents

Free Essay

An Analysis of Israeli-Palestinian Conflict

.... ìGETTING TO NOî AN ANALYSIS OF FAILED MEDIATION IN THE ISRAELI-PALESTINIAN CONFLICT (1993-2000) Master of Arts in Law and Diplomacy Thesis Submitted by Ahsiya Posner 9 February 2003 Under the advisement of Professor Eileen Babbitt and Professor Diana Chigas ABSTRACT This paper will attempt this difficult but important task with the humble understanding that ìthe full storyî is impossible to know and telló even for the very participants of the process. Nevertheless, in this investigation, the author will explore four main questions. The first three questions are: 1) did the OPP set the Israelis and Palestinians on a trajectory that ìdoomedî CD2 from the start?; 2) were there problems inherent to the process and structure of CD2 that led to its failure?; and, 3) how should future mediation attempts of the Israeli-Palestinian conflict be structured in order to meet with more success? The fourth question, however, requires further introduction. The forthcoming study of CD2 will be guided by a ìProvisional Framework (PF)î of seven criteria that I believe are necessary ingredients to successful peacemaking processes. I devised this framework after consulting existing literature and scholars in the field of mediation and negotiation in general, as well as after reviewing scholarly pieces focusing on the Israel-Palestinian peace process in particular. Thus, after using this framework to analyze CD2, conclusions will thus be drawn with regard to a fourth and final question:...

Words: 48559 - Pages: 195

Premium Essay

Law and Ethics

...Mediation in the State Civil and/or Criminal Court System Mary Catherine Doerneman Course Spanning Tasks Part B Professor Sunny Rowland May 8, 2016 I certify that I have read A Student's Guide to Academic Integrity at the University of Oklahoma, and this paper is an original paper composed by me for this course. Except where properly cited and attributed, it has not been copied or closely reworded from any other source and has not been submitted as a whole, or in part, for credit in any other course at OU or any other educational institution. It has not been created or submitted for any other purpose such as a job assignment at my workplace or any other agency. Introduction: The justice system seems to be the revolving door for cases upon cases on a daily basis. People with many disputes decide to turn to Civil Lawyers to mend issues with other parties. Just to clarify, Mediation in the law, is an alternative dispute solving process which involves disagreeing parties hearing one another in presence of a third party. The aim is to prevent harm as result of the disagreement by seeking a compromised or mutually agreed outcome. The third party, referred to as the mediator, assists the disagreeing parties arrive at a settlement while ensuring that there no favors to either side (Reich, 2007). Mediation may be used in disputes such as those in the community, families, work place, diplomatic disagreement and many more. Mediation process is structural and has timeframe...

Words: 2653 - Pages: 11

Premium Essay

Foreclosure Crisis in Florida

...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 woes into 2012 and beyond” (“States with the highest foreclosure rates,”2011). A summary of active foreclosures by State as of July 2012 for the top five states is shown below (Realtytrac.com). |Nevada |1 in every 115 homes | |California |1 in every 239 | |Arizona |1 in every 273...

Words: 18463 - Pages: 74

Premium Essay

Conflict Rrsi

...CHAPTER 1 1.0 INTRODUCTION Concern over cost and delays in litigation procedures together with increasing globalization have led to more flexible means of resolving disputes which provide alternatives to court-based litigation governed by the law and procedure of a particular state or country. Disputes are generally an inevitable part of human interaction; they may be domestic, international, civil, commercial or economic in nature. Litigation has been the traditional method of resolving disputes, which may arise as a result of default by a party. Overtime, the process of litigation has become more and more time consuming, expensive and cumbersome and increase in the number of cases in courts have led to congestion and delay in their resolution. Some Disputes are sensitive and confidential in nature and disputants may prefer settlement in private to one in public glare of court.  In addition, the complexity of court litigation tends often times towards increase in costs which disputants are naturally anxious to reduce.  On the other hand, there may be claims involving small sums, which may not be worth the cost of litigation. All these have led to the development of alternative methods of resolving disputes. 1.2 ALTERNATIVE DISPUTE RESOLUTION METHODS The term “Alternative Dispute Resolution” (ADR), is used generally to describe the methods and procedures used in resolving disputes either as alternatives to the traditional...

Words: 5840 - Pages: 24

Free Essay

Minimizing Tort Risk

...faces a possible bad reputation because of this incident. Alumina Inc. has had a good record ever since that incident was corrected. A local resident of the community named Kathy Bates has accused the company of repeatedly contaminating the waters of Lake Dira before. Kathy Bates has now filed a complaint against Alumina Inc. in regards to suspicion that her daughter contracted leukemia due to the consumption of contaminated water. This complaint calls for an investigation of the company’s practices with regard to the Clean Water Act of 1972. However, traffic is causing water pollution in Lake Dira as well. Increased traffic is poisoning the waters of Lake Dira with polycyclic aromatic hydrocarbons (PAHs) as much as hundred times greater than pre-urban conditions and pose a danger to animal, aquatic, and human life. While the fact remains that Alumina Inc. did violate the PAH discharge norms five years prior, the state has become heavily industrialized. The individual study that Alumina Inc. proceeded to...

Words: 1380 - Pages: 6

Premium Essay

Comparison Between Russian and Chinese Marriage Law

...code is the rapid population growth that should be controlled somehow. The marriage law in Russia also plays a vital role but there are some other aspects that might be definitely taken into consideration. Let us find out what are those special features and differences that occurs between Russian and Chinese marriage law. First of all, you should pay a great attention to the historical differences and characteristics. Even though globalization affected those countries dramatically, it is of great significance to discover some traits intrinsic to the history of this issue. That is because at least something from history affects the development of the legislature and might even influence the contemporary life, so, the historical express analysis is pivotal. Let us begin with the thing that made a dramatic impact in the history of China. “Three obedience and four virtues” are the moral standards imposed upon woman in feudal society. The traditional ideal of woman is that she is dependent being whose behavior is governed by “three obedience” (to father before marriage, to husband after marriage, and to son after becoming a widow) and four virtues (morality, proper speech, modest manner, and diligence). So, you can see that the men so to say dominated over the...

Words: 1676 - Pages: 7

Free Essay

Traffic Cases

...Traffic Cases Charging System 5.0 CUSTOMER PRODUCT INFORMATION 2/1551-FAV 101 72/4 Uen B Copyright © Ericsson AB 2010, 2011. All rights reserved. No part of this document may be reproduced in any form without the written permission of the copyright owner. Disclaimer The contents of this document are subject to revision without notice due to continued progress in methodology, design and manufacturing. Ericsson shall have no liability for any error or damage of any kind resulting from the use of this document. Trademark List All trademarks mentioned herein are the property of their respective owners. These are shown in the document Trademark Information. 2/1551-FAV 101 72/4 Uen B | 2011-02-11 Contents Contents 1 1.1 1.2 2 3 3.1 3.2 3.3 3.4 3.5 3.6 4 4.1 4.2 4.3 Glossary Reference List Introduction Purpose and Scope Typographical Conventions General Common for all Traffic Cases Mobile Number Portability Community Charging Location Based Charging Notifications SDP Selection Subscription ID Independence Traffic Cases Real-Time Charging Services Offline Charging Services Voucher Refill and Enquiry 1 1 1 3 5 5 5 6 8 10 11 13 13 47 48 57 61 2/1551-FAV 101 72/4 Uen B | 2011-02-11 Traffic Cases 2/1551-FAV 101 72/4 Uen B | 2011-02-11 Introduction 1 Introduction This section describes the purpose and scope of this document, as well as typographical conventions used. 1.1 Purpose and Scope The purpose of this document is to describe exemplify...

Words: 14560 - Pages: 59

Premium Essay

Workbook Review Questions

...number of official grievances registered  Material ‘shrinkage’, wastage and ‘spoilage’  Days lost through industrial action What are the three views of Workplace Relations? Define them. 1) THE PLURIST VIEW 2) THE UNITARIST VIEW 3) THE RADICAL VIEW 1. THE PLURIST VIEW Conflict as inherent due to diversity of goals and can be managed and contained by rules and regulations. 2. THE UNITARIST VIEW Conflict as occasional and temporary because employees and employers share same basic goals (creating wealth & value) so relations are essentially harmonious. 3. THE RADICAL VIEW Conflict systemic & never ending due to unequal nature of relationship and different goals. What is the difference between Mediation, Conciliation and Arbitration? MEDIATION: A neutral third party assisting disputing parties to identify the disputed issues, develop options, and consider alternatives in order to reach an agreement. CONCILIATION: The process whereby a neutral third party helps two disputing...

Words: 3068 - Pages: 13

Free Essay

Trophy

...By Göran Goldkuhl ACTION and MEDIA in INTERORGANIZATIONAL INTERACTION T Coordinating the role of IT with business processes. he language-action perspective (LAP) has contributed to several models of coordination of work. In the seminal work of Winograd and Flores [12] the conversation-foraction (cfa) scheme was introduced. This scheme describes, as a kind of generic construct, how two actors come to an agreement about what is to be done. There is someone who asks for the work and someone to perform the work. There are several approaches to business modeling following the cfa scheme. The two most famous approaches seem to be Action Workflow [9] and DEMO [1]; see the article by Dietz in this section for more on the DEMO methodology. The general idea is to get a business model of how people, through conversation, coordinate their work. Such a business model, focusing on coordination, should be seen as foundational for the development of supporting software. The LAP spirit is to consider software as a tool for coordination. COMMUNICATIONS OF THE ACM May 2006/Vol. 49, No. 5 53 Action Workflow and DEMO are general business imply. BAT is a generic model for describing busimodeling methods based on LAP. They can be used ness interaction between a customer and supplier for modeling coordination within one organization (see Figure 2). It describes business interaction in (intraorganizational coordination) and can also be terms of four phases of...

Words: 3297 - Pages: 14

Premium Essay

Change Work

...and Selection……………………………..P:8 7. Week 7 Performance management and Appraisal……….P:9 8. Week 8 Absence Management……………………………………P:10 9. Week 9 Counselling and Mediation………………………………P:11 10.Week 10 Grievance and Discipline……….....……………...P:12 11.Week 11 Developing the Practitioner……………………..P:14 12.Week 12 Management of Change……………………………P:15 Reflective Statement…………………………………………………..P:17 Reference list……………………………………………………………..p:21 Date: 25 /09/2012 Seminar 1- Developing the practitioner Legge (1995) concludes that there is very little difference between human resource management and personnel management, but there are some differences that are important. Human resource management concentrates more on planning, control and monitoring than on what is done for manager and employee’s mediation. Staffing objectives, performance objectives, Change-management objectives and administration objectives are the four basic objectives of human resource activity. Through I reading the notion of these objectives, CPD and the skills of being the ‘thinking’ performer is really important to the practitioner. However, we need to develop our skills to meet these objectives. I think collaborative is an important skill which means we need to work effectively with a range of people in different situation of the organization. As to...

Words: 8156 - Pages: 33

Premium Essay

Alan Moore Graphic Novel Summary

...published. This paper’s methodology outlines the set of procedures or method’s used to conduct the research; including the theoretical framework, data collection and data analysis method’s which were used. Methods Used The primary methods of research utilised in gathering data were predominantly qualitative. Gathering and analysing research and academic texts on Moore’s work both online and offline, and then compiling and contrasting the varied scholarly opinions on this paper’s...

Words: 1117 - Pages: 5

Premium Essay

Divorce on People

...Department of Justice Ministère de la Justice Canada Canada WORKING DOCUMENT THE EFFECTS OF DIVORCE ON CHILDREN A Selected Literature Review Research and Statistics Division October 1997 WD1998-2e UNEDITED Research and Statistics Division/ Division de la recherche et de la statistique Policy Sector/ Secteur des politiques WORKING DOCUMENT THE EFFECTS OF DIVORCE ON CHILDREN A Selected Literature Review Research and Statistics Division October 1997 WD1998-2e UNEDITED The views expressed in this paper do not necessarily reflect those of the Department of Justice Canada. iii TABLE OF CONTENTS 1.0 INTRODUCTION ....................................................................................... 1 2.0 LIMITATIONS OF THE RESEARCH .............................................................. 3 3.0 FACTORS AFFECTING CHILDREN’S POSTDIVORCE ADJUSTMENT ................. 6 3.1 Child Characteristics............................................................................ 6 3.1.1 Gender ................................................................................. 6 3.1.2 Age at Divorce ....................................................................... 8 3.2 Family Characteristics.......................................................................... 9 3.2.1 Socio-economic Status .............................................................. 9 3.2.2 Ethno-cultural Background...................................................

Words: 16723 - Pages: 67

Premium Essay

Human Resourse

...New Zealand Journal of Asian Studies 11, 1 (June 2009): 304-317. EMPLOYMENT RELATIONS IN MALAYSIA: PAST, PRESENT AND FUTURE MAIMUNAH AMINUDDIN1 Independent Scholar Introduction This paper offers an overview of the employment relations framework in Malaysia, focusing on the current status of three key areas central to the employment relations system, namely, the strength of the trade union movement, security of employment for employees, and the state’s position on measures to deal with sexual harassment. It will only examine these subsystems of the employment relations system as they apply in the private sector where the majority of employees work, this sector is considered the main driver of Malaysia’s economy. The Trade Union Movement The relationship between employers and employees in Malaysia is regulated by a number of laws which were introduced prior to independence (1957) and in the first decade immediately thereafter. The colonial economy prior to World War II (1939-45) was based on tin mining and rubber plantations. The need for labour in these two industries changed the human landscape of Malaysia (Malaya as it then was) for ever. The colonial government either allowed or actively encouraged the importation of labour from China and India, thus creating the multi-racial society which is Malaysia today. The wages of this growing group of employees were low and working conditions were mostly abysmal. Jomo and Todd explained the lack of governmental ...

Words: 6389 - Pages: 26

Premium Essay

Adr in Bangladesh

...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...

Words: 8813 - Pages: 36

Premium Essay

Professor

...Int. J. Electronic Finance, Vol. 5, No. 1, 2011 15 Towards a conceptual model: a path analysis of fundamental relationships affecting mobile advertising effectiveness Justin Beneke School of Management Studies, University of Cape Town, South Africa E-mail: Justin.Beneke@uct.ac.za Abstract: This research aims to establish how attitudes towards mobile advertising ultimately influences purchase intention. A conceptual model was developed, linking the constructs attitudes, attention, involvement and purchase intention in the context of mobile advertising. The model was tested with a sample of 250 young adults using Partial Least Squares (PLS) analysis. Findings indicated that a positive relationship exists between a consumer’s attitude towards mobile advertising and his or her purchase intention. However, this relationship was found to be partially mediated by the attention that a consumer pays to the mobile advertisement, as well as his or her involvement in it. Keywords: mobile advertising; attitude; attention; involvement; purchase intention; e-finance; South Africa. Reference to this paper should be made as follows: Beneke, J. (2011) ‘Towards a conceptual model: a path analysis of fundamental relationships affecting mobile advertising effectiveness’, Int. J. Electronic Finance, Vol. 5, No. 1, pp.15–31. Biographical notes: Justin Beneke is a Lecturer in the Marketing Section of the School of Management Studies at the University of Cape Town (UCT). His fields of interest...

Words: 6981 - Pages: 28