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Mediation and Arbitration, 2002.
Summarizes and compares essential features.
2,700 words (approx. 10.8 pages), 24 sources, AU$ 138.95
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Abstract
Summarizes and compares essential features. Purpose of removing civil cases from the courts. Pre-dispute agreement to arbitrate (PDAA). Burden of persuasion. Usefulness in resolving civil disputes in the United States. Negotiation, litigation, adversial litigation. Binding and non-binding arbitration and mediation. Private arbitration. Court-annexed arbitration. Cites laws, statutes and cases.
From the Paper
"This research paper summarizes and compares the salient features of mediation and arbitration and comments on their relative utility in resolving American civil disputes.
Overview and comparison
When a civil dispute arises between different members of society, it may be resolved in a variety of ways. In negotiations, the parties resolve their dispute directly without the intervention of third parties. They may invoke the power of the state by initiating litigation in the civil courts. Since the 1970s, the use of various forms of alternative dispute resolution (ADR) techniques, principally arbitration and mediation, has greatly expanded. This growth has been fueled by a broadly held consensus that adversarial litigation suffers from severe..."
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Arbitration and Mediation, 2005.
A discussion about the differences between arbitration and mediation.
1,504 words (approx. 6.0 pages), 3 sources, MLA, AU$ 71.95
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Abstract
This paper explains that arbitration and mediation are often grouped together, without distinction, in discussions about alternative dispute resolution, yet they are clearly very different in procedure and process. It points out that both techniques have become a popular type of dispute resolution techniques for private individuals, such as those involved in divorce or property interest issues, with a desire to reach a compromise with reduced cost. Both processes are effective for different reasons and are performed in different but similar ways to one another. This paper discusses the differences between these two forms of negotiation and settlement.
From the Paper
"Though for all their differences mediation and arbitration are also similar in many ways. First and foremost they are both alternatives to often costly and lengthy litigation processes and are less likely to end in criminal charges, of intent or otherwise. This is especially important with regard to situations where contract law has entered a grey area and where the desire to retain resources for settlement rather than legal bills is important. With regard to arbitration, in a personal civil situation such as divorce the two parties can represent themselves and allow the arbiter to make decisions on their behalf. The same can be said of mediation, while mediation may seem to offer a more long term working relationship between two parties, such as when children or adjacent property rights are in question. "
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Arbitration and Mediation, 2002.
A comparison of these two forms of negotiation.
1,650 words (approx. 6.6 pages), 5 sources, AU$ 89.95
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Abstract
This seven-page paper examines the similarities and differences between arbitration and mediation, explaining the steps involved in each process and who can benefit from each process.
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The role of Third Party Interventions in Conflict Resolution, 2001.
An in- depth look at aspects of industrial relations with special reference to the effectiveness of mediation and arbitration between parties.
3,780 words (approx. 15.1 pages), 22 sources, AU$ 151.95
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Abstract
This essay describes conflict resolution with specific reference to third party intervention (in the form of mediation and arbitration). In addition, it argues that third party intervention is not a simple, objective technique that can solve any conflict situation, but that in essence, the effect of third party intervention (such as mediation and arbitration) is dependant on many different psychological processes. These psychological processes are examined. Finally, the essay views the effectiveness of third party intervention in the South African context. In doing the above, the essay defines certain processes such as conflict, mediation, arbitration and third party intervention.
From the Paper
"According to Erasmus et al, conflict is an extremely complex phenomenon that can be caused by many different sources (such as two parties competing for the same job or two parties having differing value systems or ideologies). In order to effectively manage conflict, it is necessary to identify the actual causes of the conflict (Erasmus et al, 1992). In addition, conflict can arise in virtually any social setting and it can be between or within nations, organizations, groups or individuals (Rubin, 1994).There are four different classifications of organizational conflict given by Erasmus et al. These are intrapersonal conflict, (conflict that occurs within the individual due to tasks, roles and interests which do not match the individual?s expertise), interpersonal conflict (conflict between two individuals), intragroup conflict (conflict among the members of the same group), and intergroup conflict (conflict between two groups, such as between a trade union and management) (Erasmus, et al, 1992)."
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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, AU$ 60.95
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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."
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International Business Arbitration, 2002.
Examines the effectiveness of international business arbitration, focusing on its early foundations and legal framework.
14,808 words (approx. 59.2 pages), 66 sources, APA, AU$ 360.95
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Abstract
Three overlapping systems of international arbitration have developed to resolve international business disputes: (1) maritime arbitration of disputes related to ocean shipping and transportation; (ii) arbitration of disputes arising out of international trade in goods and services; and (iii) arbitration of disputes arising out of private foreign direct investment (FDI) and other trans-national financial transactions. This paper examines the effectiveness of international arbitration as a means of resolving business disputes arising out of international trade in goods and services and investment. The paper summarizes the historical roots of commercial arbitration, and the fundamental steps taken in the postwar period to establish a solid national and international legal and institutional framework to permit it to operate effectively.
Paper Headings:
Introduction
Defining Characteristics and Appeal
What is Commercial Arbitration?
Appeal of Commercial Arbitration in an International Context
Pre-1945 Historical Evolution of Arbitration
Ancient Origins
Arbitration in Medieval Europe
Decline of the Effectiveness of Commercial Arbitration
Establishing An Effective Legal Framework
Hostility of Other Legal Systems to Commercial Arbitration
Summary
From the Paper
"Thousands of (but certainly not all) maritime and international commodity arbitrations are handled today in many of the world's great ports in a similar matter of fact and informal manner. Due to the scientific, mercantile, industrial and post-industrial revolutions which have occurred since the 16th century, the volume of world commerce has expanded and the means and methods of production, distribution and transportation have become much more complex. Global trade increased by an average per annum of 4.57 percent during the period 1870-1929, then (due to the Great Depression and World War II) by less than one per cent between 1929 and 1945. Since then, world trade in goods and services has mushroomed, increasing, according to the World Trade Organization, by an average of six and one half percent per annum between 1958 and 1993, from just $2.62 billion in 1986 to $6.3 billion in 1996."
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Mediation, 2006.
A look at the function of mediation.
2,146 words (approx. 8.6 pages), 5 sources, APA, AU$ 97.95
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Abstract
This paper reviews and discusses mediation. According to the paper, mediation is the process in which a third-party neutral, called the mediator, acts as a facilitator to assist in resolving a dispute between two or more parties. The paper discusses the types of mediation, the situations in which mediation is a suitable option, and outlines the advantages and disadvantages and this function.
Outline:
Types of Mediation
Areas in Which Mediation can be Applied
Advantages of Mediation
Disadvantages
Conclusion
From the Paper
"The mediation process can be applied to resolve almost any type of dispute of a collective or individual nature. The process of mediation has for long been recognized in international law and is used for resolving political, economic, or trade related disputes among different countries. The Charter of the United Nations, for example, requires all members to submit disputes to mediation on recommendation of the Security Council. Even before the establishment of the UN, there had been a number of notable mediation efforts internationally. The United States served as mediator between Bolivia and Chile (1882) and the US President Theodore Roosevelt successfully mediated in the Russo-Japanese War in 1905 by brokering a peace agreement between the two countries. The World Trade Organization (WTO) also has important powers to mediate in trade disputes between its member countries."
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Mediation as a Tool in Health Care, 2002.
A discussion of the the use of mediation as a technique and a process for resolving different types of conflicts within the context of the American health care system with an emphasis on physician-assisted suicide.
7,714 words (approx. 30.9 pages), 36 sources, MLA, AU$ 243.95
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Abstract
This research paper examines how mediation is a useful tool for resolving a variety of conflicts which occur in health care settings because it promotes cost-effective, cooperative solutions which stand the best chance of standing the test of time. It looks at how it is especially useful in resolving disputes with high emotional content, including but not limited to bioethical controversies, such as those concerning the continuing or withdrawal of treatment for terminally ill patients.
Outline
Definition and History of Mediation
Factors Behind the Growth of Mediation in Health Care
Malpractice Explosion and the Changing Physician-Patient Relationship
Advantages and Disadvantages of Mediation in Health Care
Qualifications of Health Care Mediators
Dynamics of Health Care Mediation
Role of Mediation in Death and Other Bioethical Decisions
Euthanasia, Including Physician-Assisted Suicide
Conclusions
From the Paper
"Mediation differs from other methods of resolving disputes. If a dispute is settled by avoidance, one of the parties to the dispute yields to the wishes of the other party. If a dispute is settled by private coercion, a resolution of the dispute is imposed by one party on another party. If the parties reach an accommodation or compromise through private negotiation, they do so without the assistance of a third party facilitator. A dispute may also be resolved by legal means, i.e. through litigation in which a judge or jury dictates the final resolution or private arbitration, in which an impartial third party renders a judgment which can be binding (or non-binding) on the parties. One of the distinct advantages of a mediated settlement, as opposed to one imposed through coercion, is that it leads to a resolution in which the participants who fashioned it have a stake in its success. Such settlements, therefore, are more likely to be long-lasting and contribute to a stable relationship in the future between the participants."
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International Commercial Arbitration, 2002.
A look at the power, duties and limitations of international commercial arbitration.
3,528 words (approx. 14.1 pages), 6 sources, MLA, AU$ 143.95
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Abstract
International commercial arbitration has been helping the international trade and commerce by being mediator in the occurrence of disputes. This paper explains how knowing and learning of its powers, duties and jurisdiction is essential to parties concerned in arbitration in the event of resolving disagreements. This paper provides information on International Commercial Arbitration. It also examines the procedural aspects prevailing in the international arbitration, specific issues, as well as court proceedings. Part of which, being a judicial body, is the discussion of the basic and fundamental approach of laws of most governing arbitral institutions.
From the Paper
"In events when business parties from different countries have disputes concerning commercial problems, litigation process often leaves them in expensive and frustrating procedures of finding international courts to resolve their cases. Unfortunate sometimes, the judgment imposed by courts is impossible to enforce. As a solution to this difficulty, arbitration was organized to facilitate the resolution of commercial disputes.
The International Commercial Arbitration flourished with the development and expansion of international trade and commerce. International methods of resolving disputes continuously develop and being nourished by the experience gathered from the various arbitration cases. Its purpose and function is to act as an arbitrator between parties from different nations with commercial disputes."
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Mediation and Domestic Violence, 2008.
This paper argues against mediation in cases of domestic violence.
1,536 words (approx. 6.1 pages), 6 sources, APA, AU$ 73.95
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Abstract
In this article, the writer notes that the issue of domestic violence has been debated for decades throughout the criminal justice system, government and society. The writer points out that because there has been a steady increase in the number of domestic violence cases over time, it has been suggested that mediation may be the solution to resolving issues, saving families and stopping the continued violence through communication. The writer discusses that mediation, however, by its very nature suggests that there are two parties that are equal and that there is a desire for there to be a solution that is equitable to both individuals. Therefore, the writer maintains that while there are many segments of society that believes that mediation is appropriate in domestic violence cases, it is evident that if equality does not exist between the parties, mediation is not a solution to the issue.
From the Paper
"Although this is becoming the standard of practice in the court system, it is also not always achieved effectively because of the lack of skill in domestic violence cases that exists in the court system. Therefore, wives that have experienced domestic violence may be directed to enter mediation, even though the situation calls for other actions to be taken that would prevent further violence.
"The State of Georgia has determined that mediation can be effective in domestic violence cases if proper screenings occur prior to the onset of the mediation process. The state has placed into affect procedures in which mediation can be considered in domestic violence situations, where there is no threat to the individuals being abused and in which the mediators are specifically trained to work with domestic violence cases."
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Mediation and Conflict Resolution, 2004.
Describes the benefits of conflict resolution through mediation as opposed to traditional means of conflict resolution.
990 words (approx. 4.0 pages), 4 sources, MLA, AU$ 51.95
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Abstract
This paper explains the process of mediation and the different types of mediation, as well as how it differs from traditional methods of conflict resolution, which tend to be antagonistic and create a win-lose atmosphere between parties. The paper also describes the many advantages of pursuing a mediated agreement in comparison to pursuing the adversarial approach in litigation.
From the Paper
"ADR methods may be used either as a result of a legal mandate (sometimes referred to as "imposed" ADR) or voluntarily as a result of an agreement between the parties ("contractual" ADR). Since the right to trial by jury in most cases is constitutionally protected, legally imposed ADR is rarely binding on the parties. Typically, mediation and binding arbitration are the result of a voluntary contractual agreement between the parties. Courts and legislatures generally recognize that individuals may elect to resolve their disputes by some method other than litigation and may, in the case of arbitration, waive their right to a jury trial. As a general rule, courts will enforce agreements to use ADR techniques as long as the agreement is properly and fairly made."
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Arbitration and Insurance Claims, 2006.
A survey of basic insurance terminology and a brief history of insurance arbitration.
4,587 words (approx. 18.3 pages), 8 sources, MLA, AU$ 172.95
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Abstract
This paper examines the issue of arbitration and insurance claims. It begins by explaining a series of basic insurance terminology and then presents a history of the practice of insurance arbitration. The writer then explains the process of arbitration and insurance claims and how the process has changed over the years.
From the Paper
"Almost thirty years ago, the Committee on Insurance Arbitration recognized the insurance industry's need for a Property Arbitration Forum. Today, its' successor committee is the largest system of its kind in the world. There was clearly a need to create a legal entity to administer the arbitration programs, and this concern led to the creation of a not-for-profit corporation that replaced the Committee on Insurance Arbitration. The Committee on Insurance Arbitration incorporated in 1981, under the corporate name of Insurance Arbitration Forums. Insurance Arbitration Forums remained the corporate name until 1986, when the Board of Directors eliminated the word "Insurance" from the name. This change reflected the expansion of Arbitration Forums' programs to include arbitration situations outside the insurance arena, although these additional mediation and arbitration services continued to fulfill the needs of the insurance industry. Because Arbitration Forums are intended to provide an objective and neutral administrative service, Arbitration Forums are considered to be respected and efficient providers of arbitration services. Arbitration is a means of settling controversies without resorting to litigation. Agreements to arbitrate are generally put into writing, and signatories are contractually obligated to arbitrate."
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Mediation Models, 2005.
A comparison of mediation models.
1,150 words (approx. 4.6 pages), 4 sources, APA, AU$ 57.95
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Abstract
This paper provides a comparison of two mediation models. Stages of the mediation process as described by Folberg and Taylor and the Fisher and Urys model of the principled negotiation process is also discussed. The paper also looks at the importance of the mediator's ability to determine communication styles and emotional states of the participants.
From the Paper
"Comparison of Mediation Models Jay Folberg and Alison Taylor describe a mediation process that includes the following stages Introduction creating trust and structure Fact finding and isolation of issues Creation of options and alternatives."
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Successful Mediation Strategies, 2002.
A look at how mediation can be used to resolve rural disputes.
2,900 words (approx. 11.6 pages), 10 sources, AU$ 154.95
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Abstract
This twelve-page graduate paper discusses the effectiveness of mediation process in resolving rural disputes. There are some other known techniques of conflict resolution which are either too expensive or time consuming, therefore mediation is considered to be the best alternative solution for rural communities.
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Mediation, 2002.
Presents a book report on Sam Leaonard's "Mediation: The Book. A Step-by-Step Guide for Dispute Resolvers".
1,777 words (approx. 7.1 pages), 1 source, APA, AU$ 83.95
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Abstract
Sam Leaonard?s "Mediation: The book. A Step-by-Step Guide for Dispute Resolvers" takes the reader on an intensive exploratory journey through the world of conflict resolution. Leaonard examines every aspect of conflict including cultural definitions and other important elements to its resolvement. The book is a classic and well written primer about how to resolve conflict at all levels, in all scenarios. This paper critically analyzes the book and provides a summary of many its chapters.
From the Paper
"Chapter five provides a historical overview of the nation?s self attempt at conflict resolution. He details litigation over the last fifty years and discusses the statistics that show the pattern of conflict resolution that Americans have used (pg 50). Chapter five also provides an overview of several published studies regarding conflict resolution using examples from those studies to illustrate that the tried ways have not proven themselves to be the true ways."
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International Arbitration Process, 2002.
Examines the pros and cons of the international arbitration process.
650 words (approx. 2.6 pages), 4 sources, AU$ 38.95
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Abstract
This paper presents an overview of the advantages and disadvantages of the international arbitration process. This process is presented in an outline form.
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