A Negotiation in dispute is where both parties try to resolve a situation without the use of a third party. One of the advantages of negotiating is there isn’t attorney costs involved. The process is an understanding between two parties. The advantage of negotiating is there isn’t a financial burden on legal services. But the disadvantage is when one party doesn’t fulfill their end of the bargain then the case gets brought forth to court to have it put in writing.
BROAD CATEGORIES OF ADR ADR includes a range of processes alternative to litigation. The first and oldest of these alternative procedures is arbitration. Arbitration is the procedure whereby parties in dispute refer the issue under contention to a neutral third party for resolution, rather than institute legal proceedings in the courts. The arbitrator can be a legal practitioner or an expert in the
In the case of the course material simulation, a question posed to the student related to which forum a complainant should refer their case in the event of a legal dispute between CadMex, a U.S. based company, and Gentura, a company based in the Southeast Asian country of Candore. The student could choose to refer a dispute to the US court system, the Candorean court system, or either an international arbitrating body. Both companies have a vested interest in the forum that disputes are handled. If it is handled in the country of either the complainant or the defendant, local biases or pressures could affect the outcome of the decision. If the dispute is referred to an international arbitrating body, the commercial partners must agree on whether to accept that body’s ruling as binding or non-binding.
Debt servicing will need to be examined in detail to discover if one, both, or neither of these financing decisions will force the firm into bankruptcy. Finally, we shall like to look at the effect to equity holders. What are the real costs of dilution and is dilution always costly? With all of this in hand, the student will make recommendations to Wathen regarding this acquisition and the financing of it, covering all of the pertinent issues and considerations. PRELIMINARY TASKS The Preliminary portion of this case will be particularly important in that it has repercussions to the valuation of the synergy as well as to the bid process.
Challenges of Being an Advocate and Neutral Facilitator Advocacy and mediation are being incorporated into the human service field, but what happens when both models introduce challenges for one another? Although ethical, moral, and legal challenges of potential dual relationships are normal, certain methods can be applied to help improve the tension. In this paper, I will present my personal opinion on the integration of mediation and advocacy in the human service field. In addition, an explanation of my personal philosophy and individual approach to advocating and mediating within Planned Parenthood will be given. Dual Relationship Challenges A mediator is a neutral third-party who helps parties constructively communicate to attain an end to a dispute among the two parties.
The mediator’s task is to transport them from their chaos to a higher level of function where they can begin to work together to create the best outcome possible to close their marriage with dignity and care. Rapport building or connecting with the soul of each client set the stage for mediation to occur. Mediators may have difficulty connecting with a client who is very guarded and refuses to trust anyone, much less a mediator. When a mediator achieves and maintains this connection, the husband and wife are more likely to be able to express themselves constructively. Once there is rapport between the mediator and each client, the clients begin to see each other differently because they have chosen to function at a higher level than the angry conflict of the
| Putting your views in the back seat to other may not sound as easy as it sounds. You could only do so to an extent. | Compromising | In this one there are no losers nor winners. Just a middle ground that will allow the work to be completed. | How much compromising can occur before the envelope is pushed and the other side feels like they’ve given in more than the other?
This paper will compare and contrast the traditional and nontraditional litigation procedures. Litigation Litigation occurs when someone sues someone else for damages, money, etc. If a dispute cannot be settled out of court then the plaintiff will file a complaint with the court then a copy of the complaint is sent to the defendant. Both parties can choose to have representation or they can represent themselves. Pretrial litigation can be divided into four phrases: pleadings, discovery, dismissals and pretrial judgments and settlement conference.
They are certain key decisions that people who are being prosecuted have to make. One of the most important is how you plead. A plea is formal statement made on behalf of an accused person or made by the accused in court in response to the charge made against him (Martin, 2003). A plea can be vertical and horizontal. A vertical plea deal is based on whether the charges are reduced in their seriousness and a horizontal deal plea is their number.
Running Head: LITIGATION V. ADR Litigation v. ADR Rogelio Ramirez LAW 531 November 28, 2011 Instructor CHRISTINE BENWAY This compilation will briefly compare and contrast the litigation system to Alternative Dispute Resolution (ADR) and offer examples of the pros and cons of each. Even though ADR may not be able to resolve complicated matters that otherwise may determine resolution through normal litigation, the use of the court systems to resolve business and other disputes can take years and cost thousands, or even millions of dollars in legal fees and expenses. Because ADR avoids interruptions and costly court fees for businesses and complaining parties, ADR is a better and more reasonable method to resolve issues as it salvages relationships between the parties. Arendt (1997-2001) website, “No civilization would ever have been possible without a framework of stability, to provide the wherein for the flux of change. Foremost among the stabilizing factors, more enduring than customs, manners and traditions are the legal systems that regulate our life in the world and our daily affairs with each other,” ADR and litigation both exist so that civilization can have the flexibility for change and ease of disputes between parties.