Presents the design of an ADR Program for a fictitious company in California.
Essay # 85035 |
900 words (
approx. 3.6 pages ) |
0 sources |
2005
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$ 19.95
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Abstract
This paper focuses on the design of an ADR Program for company XYZ in Los Angeles, CA. The design includes the format for the ADR program in the form of a ombudsman, and discusses the mission of the organization, the purpose of the ombudsman, the procedures needed in grievance policies, the cost of the program, the case selection, the training required and the benefits of the company's ADR program.
From the Paper
"The ADR Program for XYZ Company has been created that seeks to resolve internal disputes within the company, and provide a source of dispute resolution that is relative to personnel grievances. This ADR Program is for the employees of XYZ Company only, and may not be accessed by external entities of the company. Agency Mission and Structure. XYZ Company's mission is to manufacture and distribute cardboard popcorn containers for the movie theatre industry. As a wholesale manufacturing business we employ in excess of one thousand employees, to include hourly wage employees, and management. Dispute Resolution Goals. The dispute resolution program will be an internal entity that exists to resolve employee grievances within the company."
Tags:adr, labor, resolution
This paper discusses the alternative dispute resolution (ADR) process as applied to a mortgage company.
Essay # 58864 |
950 words (
approx. 3.8 pages ) |
8 sources |
APA | 0
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$ 20.95
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Abstract
This paper explains a distinguishing feature of alternative dispute resolution is that the decision is made by an individual who is completely impartial in that decision and who refers to some standard rights, duties, law or common-law, and then applies some credible and authoritative body of rules or precedents. The author points out the characteristics of the process is a quick solution, confidential and without prejudice, in which the parties can discuss and debate the dispute before the dispute is a locked-in condition. The paper stresses that the importance of the individual being properly informed of the legalities in the mortgage ADR process because, within the mortgage lending company sector, there are mortgage companies considered to "predators in lending," charging unnecessary premiums in insurance and excess interest.
Table of Contents
Statement of Thesis
Introduction
Characteristics of the ADR Process
Characteristics within the Mortgage Company ADR Process: A Fictitious Example
The Applied Process of Alternative Dispute Resolution
Summary and Conclusion
From the Paper
"A scenario is given in the work entitled 'First City Bank and the Press-Developing a Public Relations Strategy" is that in which a mortgage company scam has been discovered and has been published in the local paper. First City Bank is stated as being involved through having offered "allegedly high interest rate loans in low-income and minority neighborhoods as well as a high number of foreclosures in these areas." Further stated is the fact that private mortgage companies have been accused of collusion in relations with contractors and that the blame has been placed on the government within the city."
Tags:impartial, standard, quick, confidential, foreclosures
Alternate Dispute Resolution (ADR) and Lawyers Ethics
Examines the ethical responsibility of lawyers to offer their clients alternate dispute resolution to resolve conflicts.
Research Paper # 25643 |
6,466 words (
approx. 25.9 pages ) |
22 sources |
APA | 2002
|
$ 89.95
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Abstract
In today's society, lawyers are encouraged to present the option of pursuing alternate dispute resolution to clients as a matter of good practice and lawyers who fail to do so may be subject to malpractice liability. This paper explores the growing popularity of alternate dispute resolution (ADR) due to the high costs, both financially and to relationships, of traditional litigation.
Subtitles in the Paper: Alternate Dispute Resolution; Ethics and Dispute Resolution; The Costs of Conflict; Ethical Issues in Choosing Whether and How to Mediate; Client Satisfaction; Methods of Dispute Resolution in Businesses; The Role of Counsel; Results of Alternate Dispute Resolution; A Lawyer's Duty to Advise About ADR; Ethical Rules of ADR; Lawyer as Client Representative or Advocate; Lawyers as Neutrals; Conflict of Interest; Malpractice and Negligence; History of ADR; Everyday Disputes; Determining the Role of a Mediator; Conclusion.
From the Paper
"Alternate dispute resolution is a practical business and personal solution, as there are significant costs associated with different ways of resolving disputes, which often outweigh the conflict itself .
The direct costs associated with disputes include the fees of lawyers and other professionals. In 1994, nearly 18 million cases were filed in U.S. courts at a cost of $300 billion.
Productivity costs involve the value of lost time, or the cost of what those involved would otherwise be producing. Continuity cost is the eventual end of relationships that would have continued without the conflict. Emotional cost reflects the pain of focusing on emotions and the problems this can cause psychologically."
Tags:American, Bar, Association, ABA, ombuds, Supreme, Court
An overview of the various types of alternative dispute resolution (ADR).
Term Paper # 146432 |
2,262 words (
approx. 9 pages ) |
7 sources |
MLA | 2010
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$ 42.95
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Abstract
The paper looks at negotiation, early neutral evaluation and mediation and explains how arbitration, the summary jury trial and the mini-trial work. The paper discusses how individual litigant personalities play a major role in the alternative dispute resolution (ADR) process and shows how ADR has become a significant means of dispute resolution. The paper questions whether ADR is leading to a real increase in settlements and asserts that the fact that people report being more satisfied with the results of ADR over litigation makes ADR worth pursuing in the future.
From the Paper
"Through almost all of its history, the U.S. legal system has been an adversarial system, characterized by two parties entering into a legal dispute, with only one party emerging as the winner. The two sides have traditionally come together in conflict and the legal system has done little to repair underlying relationships or ensure satisfaction from both parties. Alternative dispute resolution (ADR) has changed the face of justice in America. With ADR, both parties can expect to find some sort of justice and satisfaction from the resolution to a legal dispute. This is due to the fact that ADR permits a broader range of solutions than those established by law. ADR permits the parties to get to the root of the problem, instead of simply focusing on monetary damages and monetary compensation. In addition, because the rules of ADR are frequently less stringent than the rules of litigation, ADR can be less expensive, in both time and money, than traditional litigation."
Tags:negotiation, neutral, fact-finding, mediation, arbitration, summary, jury, trial, mini-trials
An exploration of alternative dispute resolution (ADR) in India.
Research Paper # 115523 |
5,442 words (
approx. 21.8 pages ) |
12 sources |
MLA | 2009
|
$ 80.95
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Abstract
The paper offers an understanding of the dispute resolution methods in India, with a focus towards the emerging trend towards alternative dispute resolution (ADR). The paper explores the rationale behind the ADR movement to assess its usefulness in terms of realizing the ends of justice. The paper includes footnotes instead of a bibliography.
Outline:
Archetypes of Disputes Determination
Seeking ADR
Legitimization of ADR
From the Paper
"Discords are bound to arise in a society and the ingenious human mind has devised ways and means to resolve the same. The phenomenon, law, itself can be seen as a result of the quest to address potential problems. The nature has endowed people with rationality. Through the medium of State norms and institutions were created for securing social order and to attain the ends of justice. State function through its different organs and judiciary is one among them directly responsible for the administration of justice. The judiciary is the tangible delivery point of justice in a layperson's perception. Resolving disputes is fundamental to the peaceful existence of society. Therefore effective and efficient systems for determination of disputes become an obvious appendage."
Tags:justice, negotiation, litigation, judiciary, litigants
This paper explores how alternative dispute resolution (ADR) has impacted the justice system.
Cause and Effect Essay # 111969 |
1,265 words (
approx. 5.1 pages ) |
3 sources |
MLA | 2009
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$ 25.95
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The paper explains how alternative dispute resolution (ADR) differs from a traditional litigated dispute, mainly that mediation is both faster and less expensive than traditional litigation. The paper looks at how ADR has practically changed the legal landscape and explores what these changes mean for the future of the justice system.
From the Paper
"Alternative dispute resolution (ADR) has changed the face of the American legal climate. The U.S. legal system has historically been an adversarial system, one where two parties enter into the justice system and only one can possibly emerge the victor. ADR has helped change the tone of the justice system in the United States, by allowing more room for negotiation, and providing a greater array of settlement options, beyond those delineated by statute. However, it would be naive for one to assume that ADR has changed the basic nature of the American justice system; it is still a very adversarial process. What it has done is provide means for some parties to achieve successful resolution without investing the same time and expense that traditional litigation would require. It has also allowed litigating parties to maintain more amicable personal or business relationships, while still focusing on conflict resolution."
Tags:mediation, litigation, due, process, settlement, lawsuit
A summary of the article by Hakim Ben Adjou, Esq.which covers alternative dispute resolution (ADR) techniques and specifically Internet resources now available.
Article Review # 5966 |
770 words (
approx. 3.1 pages ) |
1 source |
MLA | 2001
|
$ 16.95
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Abstract
The article begins by noting that ADR techniques are becoming increasingly popular as an alternative to litigation. Before discussing the electronic, it first introduces the traditional ADR methods including negotiation, mediation, arbitration and moderated settlement conference, describing how each works.
From the Paper
"It goes on to discuss the advantages of ADR which include speed, cost, control, confidentiality, flexibility, maintenance of relationships and ease. It also notes that there are disadvantages to ADR, stating these as being that it may not be effective in bitter disputes, that a resolution may not be reached, that fear exists that participants may not abide by the decisions reached, the fact that is does not give people their day in court and the possibility of unregulated procedures.
Despite these disadvantages, both federal and state laws encourage the use of ADR procedures, with the Federal Arbitration Act and the Uniform Arbitration Act cited as examples. It is also noted that arbitration is also encouraged on an international level. The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the New York Convention and the International Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (ICSID) are referred to as evidence of this international interest in encouraging ADR."
Tags:mediation, arbitration, negotiation, settlement, internet, resources, article, journal
An overview of the autism diagnostic interview-revised (ADR-I) and other autism diagnostic instruments.
Term Paper # 128953 |
1,491 words (
approx. 6 pages ) |
7 sources |
APA | 2010
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$ 29.95
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The paper discusses the autism diagnostic interview-revised (ADR-I), the autism spectrum quotient--children's version (AQ-Child), the broader phenotype autism symptom scale (BPASS), the social and communication disorders checklist (SCDC) and the social responsiveness scale. The paper reaches the conclusion that there is a validity to claims concerning the value of self-report for identifying and characterizing the presence of the autism phenotype or spectrum disorder.
From the Paper
"The examination of the broad autism phenotype, which encompasses a wide variance of symptoms and levels of severity, is here concerned with the relative demand for greater accountability in measuring autistic traits. Accordingly, as of the report by Baron-Cohen (2000), it was stated that "there are no brief, self-administered instruments for measuring the degree to which an adult with normal intelligence has the traits associated with the autistic spectrum." (Baron-Cohen, 5) Baron-Cohen indicates that this shortcoming has occurred due to the complex array of differing theoretical schools of thought on the causes of the condition."
Tags:self-report, phenotype, traits
Examines the process of Alternate Dispute Resolution (ADR), which often shortens the duration of cases otherwise sent to court, as well as saving costs related with court actions.
Essay # 13252 |
1,350 words (
approx. 5.4 pages ) |
5 sources |
1998
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$ 27.95
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From the Paper
"Dispute Resolution
Introduction
Although business and law are consistent features of everyday life in the United States, the presence of the lawsuit and adjacent litigation has caused many of us to consider that there are really only two classes of citizens. The first class of citizen is the litigant. The second class of citizen is the potential litigant.
Of course this is a tongue-in-check comment, but it sometimes seems that newspapers and television spend a tremendous amount of time concentrating on the status of suits, legal wrangling, and the subsequent fallout from their outcome. What seems clear is that while business law must be explicit on the subject of suites, other means of settling disputes, real or.."
Dispute Resolution in a Business Environment
Examines the importance of dispute resolution experts to ensure the smooth running of a business.
Essay # 25591 |
2,713 words (
approx. 10.9 pages ) |
6 sources |
APA | 2002
|
$ 48.95
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Abstract
Over the past few decades, there has been a dramatic change in the way that businesses and courts approach dispute resolution. Businesses are now encouraged to resolve disputes by alternative methods, such as mediation and arbitration, rather than take all disputes to court.
This paper shows that effective dispute resolution is vital to the reputation of businesses, as well to the growth of trade and investment. Many methods of dispute resolution attempt to resolve conflicts that do not involve an alleged violation of law. This paper discusses Alternative Dispute Resolution (ADR) which refers to any form of mediation or arbitration and their use in resolving disputes and is largely used amongst companies worldwide to resolve business disputes. The paper shows that many ADR approaches are very flexible and include early neutral case evaluation, facilitation, conciliation, mediation, arbitration, negotiation, or any other dispute resolution method that may be appropriate for a particular dispute. The paper looks at the reasons behind the increasing popularity of ADR including the fact that a growing number of legal mandates require the use of mediation and arbitration to resolve disputes.
From the Paper
"Companies around the globe have used arbitration and mediation to settle a variety of disputes. For example, in the United States, arbitration and mediation are often used to settle labor disputes that are rooted in conflicting interpretations of existing employment contracts, construction disputes between general contractors and subcontractors relating to construction damage claims, or between contractors and owners relating to the nature of work and payment clauses in employee contracts, and shareholder disputes concerning the valuation of stock in closely held companies (Riskin, 1997, p. 277-279)."
Tags:evaluation, ombuds, Interstate, Commerce, Act