This paper will discuss how mediation is an effective alternative dispute resolution for disputes in construction projects. The paper will begin first by discussing the benefits of mediation; specifically, the paper will highlight how mediation ...
Research Paper # 143737 |
3,000 words (
approx. 12 pages ) |
6 sources |
APA |
|
$ 53.95
More information
|
Add to cart
Abstract
This paper will discuss how mediation is an effective alternative dispute resolution for disputes in construction projects. The paper will begin first by discussing the benefits of mediation; specifically, the paper will highlight how mediation discourages hostility because an outside, impartial party is brought into the proceedings and because the objective is to get things done (quickly) and in a fashion that does not assign blame. As well, the paper will note that mediation tends to be less expensive than the courtroom alternative.
From the Paper
Mediation in Construction Disputes This paper will discuss how mediation is an effective alternative dispute resolution for disputes in construction projects. The paper will begin first by discussing the benefits of mediation; specifically, the paper will highlight how mediation discourages hostility because an outside, impartial party is brought into the proceedings and because the objective is to get things done (quickly) and in a fashion that does not assign blame. As well, the paper will note that mediation tends to be less expensive than the courtroom alternative. Additionally, the paper will note that mediation is something that fosters continued relationships
Tags:mediation, construction, disputes
A look at mediation in employee disputes.
Term Paper # 127737 |
1,750 words (
approx. 7 pages ) |
0 sources |
APA | 2008
|
$ 33.95
More information
|
Add to cart
Abstract
A discussion of the process of mediation in employee disputes.
From the Paper
"Both conflict and conflict resolution are within the concept of communication. In contrast to adversarial forms of conflict resolution like litigation, mediation is a voluntary and consensual process. This bodes well for employment disputes in the sense that it encourages, rather than blocks, communication between parties in the dispute. As Reder notes; "Parties to employment disputes usually find compelling the basic concept that mediation is a cooperative process designed to get them to communicate with one another." Communication between parties and a mediator..."
Tags:Mediation, in, Employee, Disputes
A look at the role of family mediation in resolving marriage disputes.
Essay # 62097 |
1,225 words (
approx. 4.9 pages ) |
6 sources |
MLA | 2005
|
$ 25.95
More information
|
New! Look inside the paper
|
Add to cart
Abstract
This report presents an introduction to family mediation with an emphasis on resolving marriage disputes from the courts and practitioners' perspectives. It explains that the role of a mediator is to remain completely impartial and to assist the parties in their attempts to resolve their disputes. Mediation is solely based on cooperation instead of competition. The writer concludes therefore, that the modern family divorce mediation process can be considered as an attempt to negotiate common ground between two parties as opposed to those parties being subjected to the final decisions of a third party.
From the Paper
"Mediation offers a number of opportunities to resolve at least some of the large number of divorces in the United States without costly and time consuming aspects of litigation. Of course, not all divorce cases are ideal for mediation. "Mediation is inappropriate if there is a situation of continuing violence or if one party fears, as a result of experience in the relationship, that he or she will be browbeaten."(Mantle, 1996) Even when the parties are willing to utilize the mediation process, there are times external counsel should be consulted. "Whichever course a man or woman takes, he or she must ensure that the legal issues which may affect the outcome are identified. It is potentially disastrous if they are not. There are as many examples as there are failed marriages to illustrate the importance of correct identification of legal issues, and the dangers inherent in the absence of independent legal advice." (Mantle, 1996) "
Tags:court, practioner
Examines nature and types of business partnerships, disputes and dissolution, selection of partners, agreements, advantages and disadvantages, majority/minority owner rights, inheritance, valuation and court cases.
Research Paper # 14929 |
5,850 words (
approx. 23.4 pages ) |
22 sources |
1999
|
$ 84.95
More information
|
Add to cart
Abstract
Examines nature and types of business partnerships, disputes and dissolution, selection of partners, agreements, advantages and disadvantages, majority/minority owner rights, inheritance, valuation and court cases.
Each of these organizational forms has different and important implications for liability, taxation, and succession. Further, with respect to both the partnership and corporation business forms, there exist sub-forms of business organization.
From the Paper
"PARTNERSHIP DISPUTES
Part I - Subject
From a legal perspective, there are three common types of business organizational forms: sole proprietorship, partnership and corporation. Each of these organizational forms has different and important implications for liability, taxation, and succession. Further, with respect to both the partnership and corporation business forms, there exist sub-forms of business organization.
With respect to both the partnership and corporate forms of business organization, there exist a number of areas that may lead to disputes among the owners of the business entity. Such disputes can be especially contentious in business entities organized as partnerships, as lower levels of legal formality is required to form and ..."
A discussion on trade disputes between the US and Greece.
Research Paper # 88016 |
3,375 words (
approx. 13.5 pages ) |
6 sources |
2005
|
$ 57.95
More information
|
Add to cart
Abstract
This paper examines the 1998-2001 intellectual property trade dispute between the United States and Greece. Firstly it examines the organizational structure of dispute resolution mechanisms of the WTO and limitations of the WTO in matters of intellectual property. It continues to explore the case itself from the legal issues involved and the shareholders involved. Lastly the procedural aspects of the case as they presented themselves are explored.
From the Paper
"The following paper examines the 1998-2001 intellectual property trade dispute between the United States and Greece. To contextualize the issue, the history, organizational structure, dispute resolution mechanisms of the WTO and limitations of the WTO (at least in matters of intellectual property) will be closely examined. The second half of the paper will examine the case itself, from the law involved, the legal issues involved, the shareholders involved and the procedural aspects of the case as they presented themselves. Finally, the paper will also look at the various implications and consequences of the case and what it might portend for the future. The Organization - The World Trade Organization The 1998 to 2001 copyright dispute between the United States and Europe over the enforcement (or lack thereof) of intellectual property rights for motion pictures and for television programs is a wonderful example of just how sensitive the matter of intellectual rights really ..."
Tags:greece, copyright, infringement
A description of how eBay works and the steps involved in resolving a dispute between a buyer and seller.
Essay # 62358 |
1,006 words (
approx. 4 pages ) |
6 sources |
MLA | 2005
|
$ 21.95
More information
|
Add to cart
Abstract
This paper describes how on-line auctions are a form of peer-to-peer (P2P) networking in which the on-line auction serves as the transaction forum, but is not directly involved in the transaction. Consumers who use on-line auctions must place trust in the trade and trust in the trader. This requires that an on-line auction e-company must have solid policies and procedures to resolve disputes between buyers and sellers. The process of resolving disputes on on-line auction websites follow a series of steps, as outlined in this paper. A flow-chart diagram of the steps is included.
From the Paper
"The process for a seller to sell an item on an online auction is parallel to the buyer's process. The seller locates an item he or she would like to sell and researches similar items on eBay to find its potential value to bidders. The seller also decides which category the item best fits and then lists the item using eBay's "Sell Your Item" form. This takes the seller to a step-by-step process where the seller describes the item, posts pictures, and sets a starting price for the auction. When the auction ends and the item was won by a buyer, the buyer pays for the item and its shipping costs using a tool such as PayPal."
Tags:paypal, transaction, consumer
Describes a hypothetical employee-supervisor workplace dispute and examines some of the ways in which it could be resolved.
Analytical Essay # 29142 |
875 words (
approx. 3.5 pages ) |
3 sources |
MLA | 2002
|
$ 18.95
More information
|
New! Look inside the paper
|
Add to cart
Abstract
This paper discusses how the workplace is a very common ground for workplace disputes due to its intensity. The writer presents a scenario of a specific dispute and then examines which conflict resolution technique would be most suitable for this situation.
From the Paper
"Dispute (or conflict) is one of the most common human emotions; hence it is a rare workplace or organization that is completely free from conflict. Disputes in a workplace may occur among any of the organization's stakeholders, e.g., between employee and employee, employee-supervisor, company-vendor, company-customer, and company-competitor. Most conflicts in workplace , particularly in team or group situations cause significant distress among the people involved. If such disputes remain unresolved for some time, they are likely to take a heavy toll of employee morale and result in personal, social and economic costs including costly litigation."
Tags:conflict, resolution, worker
Internet, Intellectual Property and E-Commerce Disputes
A discussion on metatags, search engine optimisation and deep linking, intellectual property and the changing nature of e-commerce disputes.
Essay # 55470 |
2,401 words (
approx. 9.6 pages ) |
9 sources |
APA | 2005
|
$ 44.95
More information
|
Add to cart
Abstract
The growth of the internet is arguably one of the most important areas of law today. This paper deals with e-commerce and the changing importance of trademarks, highlighting issues that have developed through the use of trademarks in e-commerce, such as metatags and linking practices. In particular, it focuses on protecting online brands and trademarks, developments in online trademark use, metatags, linking and case law. A comparison of the U.K. and U.S. legal position is also made.
Introduction
Protecting Online Brands and Trademarks
Developments in Online Trademark Use
Metatags, Linking and Case Law
Territorial Complexities
World Intellectual Property Organization Recommendation
Conclusion
From the Paper
"While the aim of IP rights to protect and aid commercial exploitation and innovation remains constant, the means by which they are expressed are constantly adapting to technological developments on the Internet. As a result, difficult issues are raised by the vast availability of IP on the Internet. For example, the ease of copying and distribution of copies and the anonymity offered to this practice conflicts with the user expectation that information downloaded on the Internet should be free of charge."
Tags:adwords, wipo, trademark
This paper examines the effectiveness, in business, of utilizing various conflict system techniques in lessening the negative impact of arguments and disputes while at the same time encouraging nonviolent resolutions.
Essay # 67725 |
1,541 words (
approx. 6.2 pages ) |
5 sources |
MLA | 2006
|
$ 30.95
More information
|
New! Look inside the paper
|
Add to cart
Abstract
The writer of this paper details the various conflict system techniques available which allow concerned parties to integrate these methods and analytical abilities of dispute resolution by dispersing animated opinions, recognizing concerns while at the same time putting aside hard feelings. This paper contains an overview of the theoretical foundation for implementing conflict systems techniques. This paper examines the theoretical foundation behind the use of conflict system techniques which in effect allows the concerned parties to decrease differences while assisting them in simplifying the pertinent concerns of the organization through peaceful means. This paper discusses how the utilization of conflict system techniques, when applied correctly, particularly in business, lessens the influence of arguments and disputes and encourages nonviolent resolutions at the same time.
Table of Contents:
Introduction
The Application of Dispute Resolution Techniques
New Challenges Presented by the Application of these Techniques
Mediation
Arbitration
Conclusion
From the Paper
"The process of mediation not only saves time but also avoids extravagant spending of financial resources. Normally, the process of mediation lasts less than one working day and can be arranged according to the party's convenience. Furthermore, the mediation course costs approximately 40% to 90% rates of settlement. In contrast to the courts, the charges of an attorney are comparatively less in the mediation process. In addition, other charges of defense such as the specialized witness costs, as well as the costs of deposition are also removed. Also, since the concerned parties do not leave the office at any point during the mediation process, the loss of work is substantially less and so is the loss of their income."
Tags:applied, business, strategy, dispute, technique
An look at the World Trade Organization (WTO) rules and procedures for handling trade disputes.
Essay # 71070 |
2,760 words (
approx. 11 pages ) |
15 sources |
MLA | 2004
|
$ 49.95
More information
|
Add to cart
Abstract
This paper examines the progress made and problems of interpretation that have arisen under the World Trade Organization (WTO) Agreement in the handling of international trade disputes. It also looks at WTO rules and procedures.
From the Paper
"This research paper examines the progress made and problems of interpretation which have arisen under the World Trade Organization WTO Agreement in the handling of international trade disputes. In general the panels and Appellate Body..."
Tags:Dispute Resolution, WTO, Appellate Body Anti-Dumping cases, Trade