| Papers [1-15] of 100 :: [Page 1 of 7] | | Go to page : 1 2 3 4 5 6 7 —> | Search results on "ALTERNATIVE DISPUTE RESOLUTION TOOL PUBLIC": |
|
|
Alternative Dispute Resolution as a Tool in Public Policy, 2003.
A comprehensive overview of alternative dispute resolution methods and approaches.
6,558 words (approx. 26.2 pages), 21 sources, APA, $ 150.95
»
Click here to show/hide summary
Abstract
In the past, duels and showdowns were commonplace methods of dispute resolution, but things have changed. Perhaps as a reflection of a more complex society or a growing recognition of individual rights, the United States has experienced an enormous increase in the number of lawsuits filed over the last half of the 20th century. However, when people and businesses are faced with resolving problems in a fair and equitable manner, they have many other options available to them, which have become increasingly popular as court calendars continue to lengthen. Alternative dispute resolution has greatly expanded over the last several years to include many areas in addition to the traditional commercial dispute; mediation has become an important first step in the process. This paper provides an overview of alternative dispute resolution methods and approaches, a discussion of potential drawbacks and constraints, and an assessment of whether these methods are appropriate for the public sector. A summary of the research is provided in the conclusion.
From the Paper
"Some jurisdictions and courts in the U.S. require early neutral evaluation. Under early neutral evaluation, parties to litigation are required to make presentations to a neutral evaluator. The evaluator is engaged to provide both parties with an assessment of the strengths and weaknesses of their respective positions, and to facilitate disputes. Courts in some jurisdictions may have case management conferences at which time staff counsel or other court officers may take active roles in promoting settlement discussions."
| |
|
Alternative Dispute Resolution, 2006.
A discussion regarding alternative dispute resolution as opposed to taking legal action.
1,280 words (approx. 5.1 pages), 5 sources, MLA, $ 43.95
»
Click here to show/hide summary
Abstract
This paper discusses the advantages of taking alternative dispute resolution rather than legal action and the specific conditions under which it is more beneficial. This paper shows us that the advantages of alternative dispute resolution are not universal, nor automatic, but should be the result of early screening and careful decision making.
Contents:
Overview
Overview of Alternative Dispute Resolution
Reported Advantages of Alternative Dispute Resolution
Recommendations
Conclusion
From the Paper
"Alternative dispute resolution describes the settling of disputes outside of a traditional legal arena (Legal Information Institute). Alternative dispute resolution can be used in almost any type of situation. This can include family, neighborhood, housing, and environmental disputes. Dispute resolution can be used in a number of business situations, including personal injury, employment, and consumer disputes (Center for Analysis of Alternative Dispute Resolution Systems). Alternative dispute resolution is also sometimes called dispute resolution or appropriate dispute resolution (Center for Analysis of Alternative Dispute Resolution Systems).
Alternative dispute resolution is actually a catch-all term that refers to a number of different processes used to resolve disputes. In reality, there are a number of different types of dispute resolution processes. These include arbitration, early neutral evaluation, mediation, a mini-trial, negotiation, neutral fact-finding, ombuds, private judging, settlement conferences, a summary jury trial (Center for Analysis of Alternative Dispute Resolution Systems), and conciliation (Legal Information Institute). Arbitration and mediation are the most common forms of disputer resolution (Legal Information Institute)."
| |
|
The Alternative Dispute Resolution (ADR) Process.
This paper discusses the alternative dispute resolution (ADR) process as applied to a mortgage company.
950 words (approx. 3.8 pages), 8 sources, APA, $ 33.95
»
Click here to show/hide summary
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."
| |
|
Alternate Dispute Resolution (ADR) and Lawyers Ethics, 2002.
Examines the ethical responsibility of lawyers to offer their clients alternate dispute resolution to resolve conflicts.
6,466 words (approx. 25.9 pages), 22 sources, APA, $ 149.95
»
Click here to show/hide summary
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."
| |
|
Alternative Dispute Resolution, 2005.
A critical examination of alternative dispute resolution in the U.K. in relation to commercial and business disputes.
1,655 words (approx. 6.6 pages), 25 sources, APA, $ 53.95
»
Click here to show/hide summary
Abstract
The paper examines the various methods of dispute resolution that are available to parties and critically examines the various disadvantages and advantages of the most popular methods of alternative dispute resolution (ADR). It also examines litigation and discusses to what extent ADR has replaced litigation.
From the Paper
"The case management introduced by Lord Woolf has encouraged the use of ADR and CPR rule 44 has meant that severe cost penalties can be imposed by the courts if ADR is not considered or is refused unreasonably. This is demonstrated in the case of Dunnett , here Railtrack had successfully defended an appeal from Dunnett and sought its costs, when the trial judge had granted Dunnett leave to appeal he advised her to consider ADR, she approached Railtrack but they refused the ADR. The Court of Appeal held the parties had a duty to further the overriding objective of the CPR and that this included considering ADR, in this case Railtrack had failed to do this before the cost of the appeal had begun to accumulate. This attitude by the courts demonstrates the importance that is placed on ADR and it puts it at the centre of the civil justice system."
| |
|
"Electronic Alternative Dispute Resolution ", 2001.
A summary of the article by Hakim Ben Adjou, Esq.which covers alternative dispute resolution (ADR) techniques and specifically Internet resources now available.
770 words (approx. 3.1 pages), 1 source, MLA, $ 27.95
»
Click here to show/hide summary
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."
| |
|
Alternative Dispute Resolution, 2007.
This paper explores alternatives to the current Anglo-American legal system, such as arbitration and impartial investigation.
7,004 words (approx. 28.0 pages), 8 sources, MLA, $ 157.95
»
Click here to show/hide summary
Abstract
This paper examines the current Anglo-American judicial system and its history while also considering some of its drawbacks. In response to these short-comings, the author suggests alternative methods of dispute resolution, such as arbitration and impartial investigation. These methods are discussed in light of their use in other legal systems around the world. The author concludes that a reform of the adversarial systems currently in use in the Anglo-North American world would be desirable because reforms might increase the availability of true justice for large segments of the population.
Outline:
Introduction
The Development of the Adversarial System
The Adversarial System vs. Alternative Forms of Dispute Resolution
Alternative Dispute Resolution: The European Civil Code Example
Possibilities and Problems Relating to the Implementation of Alternative Dispute Resolution Systems in Canada, the United States, and the United Kingdom
Conclusion
From the Paper
"The justice system of the Anglo-North American world is an adversarial one. A lawyer is an advocate - he or she represents the case and the views of his or her clients. The rightness or wrongness of the arguments of the opposing side is of no concern to counsel. It is the duty of the lawyer to represent the client's case to the best of his or her ability; to make use of whatever legal arguments, statutes, precedents, etc. will advance his or her client's cause. In essence, the judicial system of the United Kingdom, Canada, the United States, and other nations that follow the English legal tradition, is one of a debate between two sides. It is the responsibility of the judge and jury to decide the case based on the relative merits of the arguments for each side. In contrast to the usage of many other nations, there is no independent attempt made to determine the correctness of either argument. Neither judge nor jury possesses the authority to actually investigate the claims made. As well, Anglo-North American law does not require that actionable cases strictly match the provisions of some pre-established code. Precedent is of great importance having, in the absence of positive law to the contrary, the force of law. In this sense, the law is quite malleable. Through careful research, an attorney might discover a useful prior decision that could lend weight to his or her arguments. Again, since there is no adherence to a strict code of laws, as say the Roman Law, or the Code Napoleon, it becomes possible to manipulate existing laws and precedents to suit the situation. Of course, a major difficulty of any system that relies upon the best presented argument is the danger that such an argument may not actual to be correct. Rather, it only appears to be correct. As a result, many have begun to question the utility and fairness of the adversarial system. "
| |
|
Alternative Dispute Resolution, 2008.
A look at the role mediators can play in employee dispute resolution.
1,052 words (approx. 4.2 pages), 4 sources, APA, $ 36.95
»
Click here to show/hide summary
Abstract
This paper illustrates how effective in-house or outside mediators can be in resolving disputes between labor and management in large organizations. The paper specifically focuses on the dispute between General Motors and the United Auto Workers regarding the generous pensions and health care settlements to retirees and current workers that were bankrupting the firm. The paper explains the resolution that was worked out between the two parties and notes that, as a result of the mediation process, it was revealed that the two parties had more in common than might be originally perceived, as both GM and the UAW knew that if GM had to declare bankruptcy, GM's workers would lose even more.
From the Paper
"During the one recent example of very public labor negotiations between General Motors and the UAW, GM told the representatives of the United Auto Workers union that generous pensions and health care settlements to retirees and current workers were bankrupting the firm. Although the UAW resisted, GM threatened that if the company went bankrupt the suffering of working and retired GM employees would be even greater, as they would lose everything. Eventually, under a deal conducted through formal, mediated negotiations the union agreed that GM's health-care costs for union members, retirees and their families would be increased, and employees agreed to pay more for their health care and benefits, in exchange for an agreement with GM that kept some of the original benefits intact. "
| |
|
Alternative Dispute Resolution, 2004.
An examination of the facilitation of conflict between children through peer (school) mediation programs.
1,471 words (approx. 5.9 pages), 2 sources, MLA, $ 48.95
»
Click here to show/hide summary
Abstract
This paper discusses the perspective of a media source (CNN) regarding conflict resolution between children. The paper presents the facts surrounding the shootings at Columbine High School as a case study for the option of peer mediation programs and ADR - alternative dispute resolution. The paper also reviews the "Journal of Abnormal Child Psychology" article, "Evaluation of the first 3 years of the fast track prevention trial with children at high risk for adolescent conduct problems" and compares it to the media source.
From the Paper
"Before the shootings at Columbine High School, many parents simply thought of childhood and adolescent bullying as simply a rite of passage, a natural part of growing up, rather than something to be alarmed at. However, according to the popular online media source, CNN.com, an informational news website, President Clinton echoed teachers and therapists that although "we don't know all the facts about what happened in Littleton, but one of the things that have come out of this that's really made an impression on me is that the young men who were involved in this horrible act apparently felt that they were subject to ridicule and ostracism and they were kind of social outcasts at the school. But their reaction to it was to find someone else to look down on." (CNN.com, 1999)"
| |
|
Alternative Dispute Resolution, 1997.
Definition, history of arbitration, types, use in securities industry (investory/broker disputes), examples, court cases, enforceability, punitive damages and suggested reform.
3,825 words (approx. 15.3 pages), 71 sources, $ 135.95
»
Click here to show/hide summary
From the Paper
" USE OF ADR TO RESOLVE DISPUTES IN THE SECURITIES INDUSTRY
This research paper discusses the use of alternative dispute resolution (ADR) techniques to resolve disputes, principally those between investors and retail stock brokerage firms, in the American securities industry. ADR initially developed slowly in the 20th century in common law jurisdictions as a cost effective alternative to litigation as the courts overcame their initial reluctance to accept an alternative dispute resolution forum and to recognize the enforceability of private pre-dispute arbitration agreements ("PDAAs"). Because of the congestion in the civil courts, ADR in a number of forms is very much in vogue in a variety of contexts. In the securities industry, ADR, primarily arbitration, has emerged since the mid to late 1980s as the principal vehicle for resolving disputes involving investors.."
| |
|
Alternative Dispute Resolution (ADR) Program, 2005.
Presents the design of an ADR Program for a fictitious company in California.
900 words (approx. 3.6 pages), 0 sources, $ 35.95
»
Click here to show/hide summary
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."
| |
|
Alternative Dispute Resolution and Product Liability, 1993.
Examines techniques, compensation, advantages, arbitration and drawbacks.
1,125 words (approx. 4.5 pages), 4 sources, $ 39.95
»
Click here to show/hide summary
From the Paper
"Alternative Dispute Resolution and Product Liability
Alternative dispute resolution techniques, such as mediation and arbitration, have typically been used in commercial and labor disputes. Their use in product liability disputes has not been widespread, and many of the techniques have limited usefulness in this context. Certain techniques, however, can be useful in certain situations, and their use has been advocated by segments of state and the federal government. It should be noted that cases which are resolved through the use of these techniques do not reach appellate judicial review and are therefore not reported.
Proponents of the use of ADR techniques in product liability argue the need for swift and efficient systems of compensation. They claim that it is fairer to both sides to reduce the ..."
| |
|
Mediation and Dispute Resolution, 2005.
This paper examines different forms of alternative dispute resolution and makes a case why mediation is the best of these alternatives to litigation.
1,202 words (approx. 4.8 pages), 2 sources, MLA, $ 41.95
»
Click here to show/hide summary
Abstract
This paper discusses how in an increasingly heterogeneous American society, the formality of courts and their adherence to the traditional adversary model has led to the recent emergence of several methods of alternative dispute resolution (ADRs). It examines how some of these methods, which include mediation, negotiation and arbitration, provide an alternative to litigation and have several advantages. It attempts to show that mediation is the most effective form of alternative dispute resolution, by examining the current system, the adversarial system and what aspects of this system create the need for alternative forms of dispute resolution. It also compares its advantages to the other forms of alternate dispute resolution.
From the Paper
"In examining the reasons for the need of alternative dispute resolution, it is necessary to analyze the current method of resolving conflict in the American legal system. This system, known as the adversarial system, bases its existence on the central tenet "that conflict resolution is best achieved through an adversary process" (Levett Notes). This consists of two parties in a courtroom represented by an appointed advocate who is familiar with the law. The advocate presents his client's case before the judge, an independent fact-finder who weighs the merits of the case and evaluates their consistence with the law. This system is different from the inquisitorial system, which is used primarily in Europe, and has several crucial distinctions from the adversarial system."
| |
|
Dispute Resolution in a Business Environment, 2002.
Examines the importance of dispute resolution experts to ensure the smooth running of a business.
2,713 words (approx. 10.9 pages), 6 sources, APA, $ 81.95
»
Click here to show/hide summary
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)."
| |
|
Dispute Resolution, 1998.
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.
1,350 words (approx. 5.4 pages), 5 sources, $ 47.95
»
Click here to show/hide summary
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.."
|
|
|
