| Papers [1-15] of 100 :: [Page 1 of 7] | | Go to page : 1 2 3 4 5 6 7 —> | Search results on "FAMILY DISPUTES": |
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Family Disputes, 2005.
A look at the role of family mediation in resolving marriage disputes.
1,225 words (approx. 4.9 pages), 6 sources, MLA, $ 41.95
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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) "
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International Business Disputes, 2005.
A discussion on trade disputes between the US and Greece.
3,375 words (approx. 13.5 pages), 6 sources, $ 133.95
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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 ..."
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Partnership Disputes, 1999.
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.
5,850 words (approx. 23.4 pages), 22 sources, $ 135.95
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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 ..."
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Internet, Intellectual Property and E-Commerce Disputes, 2005.
A discussion on metatags, search engine optimisation and deep linking, intellectual property and the changing nature of e-commerce disputes.
2,401 words (approx. 9.6 pages), 9 sources, APA, $ 73.95
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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 Organisation 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."
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Resolving Disputes at On-Line Auction Sites, 2005.
A description of how eBay works and the steps involved in resolving a dispute between a buyer and seller.
1,006 words (approx. 4.0 pages), 6 sources, MLA, $ 35.95
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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."
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Workplace Disputes, 2002.
Describes a hypothetical employee-supervisor workplace dispute and examines some of the ways in which it could be resolved.
875 words (approx. 3.5 pages), 3 sources, MLA, $ 31.95
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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."
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Environmental Disputes, 1990.
This paper is a review of literature about the politics within the environmental dispute-resolution process: Political process of dealing with environmental problems, roles and relationships of government, industry and interest groups. Case studies.
2,700 words (approx. 10.8 pages), 25 sources, $ 95.95
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From the Paper
"The purpose of this research is to set forth a review of literature on politics within the environmental dispute-resolution process. The plan of the research will be to explore such processes between institutions such as government, industry, and environmental interest groups, and to show how such processes evolve within specific dispute situations.
One aspect of environmental disputes on which most commentators agree is that the issues surrounding them are highly complex. Citing the limited information and limited understanding under which consumer, government, and industry interest groups act and react to environmental issues, Stuller explores the myriad difficulties of recycling plastic packaging and wastes versus allowing them to degrade, noting that even environmentalists do not uniformly agree on the "best" way to ... "
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Trade Unions and Disputes, 2005.
A critical examination of the options which are available to workers and trade unions for building more effective outcomes.
952 words (approx. 3.8 pages), 8 sources, APA, $ 33.95
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Abstract
This paper examines how there are several processes that are utilized in successful resolution of disputes which arise between management and workers who belong to trade unions. It looks at how today's processes are more diverse and varied reflecting the workforce profile of today's world.
Outline
Abstract
Statement of Thesis
Introduction
Collective Bargaining
Arbitration Process
Collective Bargaining Advantages
Dialogue: Key Negotiation Tool
Summary and Conclusion
Bibliography
From the Paper
"Collective bargaining is believed to be more advantageous for settlement and such communication to be accomplished through use of dialogue and consensus instead of the generally used "conflict and confrontation" arbitration which relies on a third party opinion in decisions. Collective bargaining is a process inclusive of the representation of the choice, compromise or agreement of the parties directly involved. Collective bargaining seeks a solution agreeable to all involved where as arbitration of the dispute is a situation in which one side wins and the other loses. Instead of the old adage of agreeing to disagree, the two sides of the dispute have agreed that they are in a disagreement that contains an agreed upon method for resolution of that disagreement."
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Labor Disputes in Literature, 2001.
This paper compares the novel "The Grapes of Wrath" and the play "Waiting for Lefty".
1,100 words (approx. 4.4 pages), 6 sources, APA, $ 38.95
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Abstract
This paper analyses two works - John Steinbecks "Grapes of Wrath" and Clifford Odet's play "Waiting for Lefty". It focuses on the issue of labor disputes and compares how the characters in each of these get swept up by the mob.
From the Paper
"John Steinbeck's "The Grapes of Wrath" was just as vivid and graphic a description of the recession years, labor communities and their economic and social problems as you would find in any drama, movie, TV serial or in other more expressive mediums. The novel detailed the story of a typical labor family in the thirties when due to draughts and unemployment many farmers were forced to move from their native states (Southern great planes, especially western Oklahoma and Texas panhandle) to California in search of work. The novel ventured into such modern and important issues of the time that it was immediately a success in California and surrounding localities, the rest of the America almost rejected the book as sentimental, emotional and melodramatic. But the truth, as was evident even then was that this book was felt greatly only in the circumstances and localities for which it was written. "
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Trademarks and Domain Names Dispute, 2004.
Discusses how trademarks and domain names disputes are resolved, focusing on the cyberspace disputes.
3,736 words (approx. 14.9 pages), 10 sources, APA, $ 103.95
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Abstract
"Trademarks and domain names are a poor fit. One admits many users to a particular space, the other admits only one,? says Diane Cabell of the Berkman Center for Internet and Society at the Harvard Law School. The paper critically examines this statement, while explaining how trademark and domain names disputes are resolved currently. The current practices involving cyberspace disputes are analyzed in terms of fairness and allocation of Internet resources of businesses. The paper also examines whether trademark laws should be applicable for resolving trademark and domain name disputes in cyberspace. Related case studies are highlighted and discussed.
From the Paper
"When an individual applies for a trademark, the trademarks are subjected to restrictions before they can be registered. Domain names on the other hand are on a first-come first serve basis. There is no legislation over what can be registered. Domain name applicants don?t need to show that they are the rightful owners and that means anyone can register any available domain name. It is much like the Wild West where the fastest and strongest will be able to register that particular domain name. Given such anarchy in cyberspace, it shows the inherent difficulty in governance."
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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
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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)."
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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
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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."
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Dispute Resolution, 2003.
Describes a hypothetical workplace dispute and applies various conflict resolution theories and tools to resolve the dispute.
1,628 words (approx. 6.5 pages), 1 source, MLA, $ 53.95
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Abstract
Using a fictitious work dispute, as well as Stephen P. Robbins text entitled "Organizational Behavior", this paper discusses various theories which might be applied to work through the dispute and resolve it. The paper begins by describing the hypothetical workplace dispute - a disagreement over the terms of a new employment contract between a professional sports league?s owners and players. It then defines the term 'conflict', using both Robbins' definition of conflict from the text, as well as the author's own interpretation of conflict. The paper thereafter discusses the desired negotiation outcomes from the perspective of both the players as well as the owners concerning the dispute. It does this by discussing Robbins' distributive bargaining and integrative bargaining, as well as forms of negotiation. The paper then talks about several decision-making biases that hinder the dispute resolution effort, citing several scenarios that could result because of these different biases. Finally, the paper concludes by summarizing everything in a final paragraph.
From the Paper
"While it would be preferable for the players and management to seek an integrative solution to their workplace dispute that will result in positive benefits for all, they will have to overcome several decision making biases that may hinder their negotiations. The biggest problem they may run into is engaging into is an irrational escalation of commitment. Robbins defines this as a situation where people continue a previously selected course of action beyond what rational analysis would recommend, because of the time and money they have already invested in pursuing that action (Robbins 585). Because of the emotional highs on both sides and the public scrutiny that are placed on the negotiations, both sides may be reluctant to give any ground or demonstrate any weakness at the negotiation table. Thus, both sides might willingly jump off a cliff together and engage in a work stoppage that will be detrimental to both of their interests."
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Dispute Resolution, 2006.
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.
1,541 words (approx. 6.2 pages), 5 sources, MLA, $ 50.95
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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."
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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
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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."
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