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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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Contemporary Africa Ethnic Conflict Resolution, 2008.
Analyzes ethnic conflict resolution and policy in contemporary Africa, especially Ethiopia.
15,860 words (approx. 63.4 pages), 36 sources, APA, AU$ 360.95
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Abstract
This paper identifies key elements in conflict and conflict resolution theories from the perspectives of ethnicity, culture, and politics in Africa and non-African countries. The author points out that Africa has been wracked time and time again by wars of all types, intensities and durations. The author then presents several ways that Africans resolve ethnic conflict and reports that, unique among African countries, the ancient Ethiopian monarchy maintained its freedom from colonial rule with the exception of the 1936-41 Italian occupation during World War II. However, Ethiopia has been wracked by a series of bloody coups, uprisings, wide-scale drought and massive refugee problems.
Table of Contents:
Theory
Key Historical and Contemporary Theorist
Conflict Theories and African Policy Issues
Frustration-Aggression Hypothesis
Social Learning Theory
Social Identity Theories
Implementation of Ethnic Conflict Management and Policy
Community Assembly: The Semai Becharaa'
Qat-Chewing Sessions
The Role of Poetry
Dia
Go-Between Mediator
Apology
Truth and Reconciliation Commissions
Public Trials
Reparations Payments
Writing a Common History
Track II Diplomacy
Literature Review
Global Ethnic Resolution, Conflict and Relevant Policy
African Ethnic Conflict and Policy
Application of Theory and Practice on Ethiopia
Ethnic Conflict Resolution and Theories within a Policy Context
Ethiopian Socioeconomic and Political Climate
From the Paper
"The native inhabitants of the area were organized in agrarian-based chiefdoms like those of the Bench and Dizi people (living in the highlands) or in decentralized age-grade societies like the Toposa, Anyuak, Nyangatom and Suri (living in the lowland plains). The state presence was constituted by superior military force (soldier contingents with better arms), and by the imposition on the locals of tribute and tax requirements, and the obligation to provide corvee agricultural labor for the northern immigrants. The latter also took cattle, ivory and slaves for trade to the north."
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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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Mediation and Dispute or Conflict Resolution, 2001.
Describes functions and necessary skills of mediator. Usefulness in an intervention. How the process works.
1,575 words (approx. 6.3 pages), 9 sources, AU$ 80.95
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Abstract
This research paper discusses mediation as a form of dispute or conflict resolution, the powers a mediator must have, the steps he or she is likely to take and the skills a mediator should have in dealing with and facilitating the resolution of such disputes
From the Paper
"This research paper discusses mediation as a form of dispute or conflict resolution, the powers a mediator must have, the steps he or she is likely to take and the skills a mediator should have in dealing with and facilitating the resolution of such disputes.
"Nature of Mediation and Powers of Mediators
"Hoffman (1994, Winter) defined mediation as "a process whereby a neutral third party assists disputing parties reach a mutually acceptable decision" (p. 848). The term mediation comes from the Latin verb mediare, to be in the middle. According to Folberg and Taylor (1984), "mediation is an intervention that is intended to resolve disputes and manage conflict by facilitating decision-making" (p. xi). Marcus et al. (1995) said the man or ..."
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Conflict Management, 2007.
A case study presentation of conflict resolutions for two departments in an organization.
835 words (approx. 3.3 pages), 1 source, MLA, AU$ 42.95
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Abstract
This paper discusses resolving and implementing mediation and conflict prevention between technical development and product engineering within an organization. The paper presents a case study discussing a communication divide between the two departments. It then presents possible courses of action to attempt to resolve the conflict using alternative measures.
Table of Contents:
Alternatives Resolutions for Mediation and Conflict Prevention
Course of Action
From the Paper
"This method could be enacted by John H. creating an office or officer position for an inter-departmental mediation between the two parties. This would help create a forum for all parties to meet and resolve issues of design and production, which are now being critically divided by a lack of communication. This would be a far better alternative that firing or replacing the current mangers. The crucial management systems of the company are simply not aligned to help resolve inter-departmental issues, which can help stop the bias of information that George is personally imposing on the new manger, Ralph. Both managers are valuable assets to the company, but there needs to be a meeting point for the department to meet and resolve the issue before radical steps are taken to either replace or remove the managers."
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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, AU$ 215.95
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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 $300 billion.
Productivity costs involve the value of lost time, or the cost of what those involved would otherwise be producing. Continuity cost is the eventual end of relationships that would have continued without the conflict. Emotional cost reflects the pain of focusing on emotions and the problems this can cause psychologically."
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Alternative Dispute Resolution, 2004.
An examination of the facilitation of conflict between children through peer (school) mediation programs.
1,471 words (approx. 5.9 pages), 2 sources, MLA, AU$ 70.95
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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)"
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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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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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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, AU$ 117.95
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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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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, AU$ 73.95
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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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Conflict in "Crimson Tide", 2004.
Examines conflict resolution by using the movie, "Crimson Tide," as an example.
1,083 words (approx. 4.3 pages), 3 sources, MLA, AU$ 54.95
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Abstract
The 1995 blockbuster hit, "Crimson Tide," is an account in which two senior officers engage in a power struggle on board a nuclear missile submarine. This paper analyzes the conflict core and explores possibilities of resolution and prevention. The paper looks at contributing factors, intervention, and mediation.
From the Paper
"There are time when intervening directly in conflict is necessary. When the ship's captain becomes irate with the XO in front of the crew, and a heated argument commences, it was COB who decides to intervene and defuse the possibility of violence. As minor as his role may seem, COB is becoming more and more of a mediator in this situation. He is respected by the crew, he is biased only to navy regulations, he is very direct, and his excellent people skills are demonstrated when he calmly defuses the argument between the captain and the XO ..."
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Community Mediation, 2004.
Research paper on mediation as an alternative method of dispute resolution.
1,378 words (approx. 5.5 pages), 7 sources, APA, AU$ 67.95
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Abstract
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
"City government, like all governments at least to some extent, exists to resolve conflicts and settle disputes. This is why governments have been constituted among us, so that we may talk (and even argue and shout) rather than picking up clubs or guns or nuclear warheads. While the role of providing a forum and a means of resolving disputes is common to all forms of government, it is especially important a the municipal level because it is at this level that the disputants tend to know each other personally. The citizens of any given city have to continue to live together after political conflicts and upheavals ? to go to football games together and PTA meetings to talk about their children and shop together in the produce aisle."
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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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The St.Croix Dispute and Resolution, 2008.
An examination of the negotiation and mediation process utilized in the St.Croix river crossing dispute.
2,918 words (approx. 11.7 pages), 5 sources, MLA, AU$ 125.95
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Abstract
The paper examines the case of river crossing disputes along the St.Croix River where different interest groups were locked in opposite positions, requiring mediation in order to reach a resolution so that the project could advance. The paper explores the issues involved in the negotiation and mediation process, focusing on the processes that the mediators used in order to reach a satisfactory resolution. The paper states that, overall, this mediation process was completely successful. The paper also looks at improvements that could have been made to the process.
Outline:
Introduction
Defining the Problem
Initial Steps in the Mediation Process
Defining the Issues
The Use of Technology
The End of the Dispute
Were the Results Better?
What Could Have Been Done Better?
From the Paper
"Construction issues involving environmental, economic, social and political interests are often extremely difficult. Most of the difficulty is caused by the fact that the various interest groups have different interests. Often these interests conflict leading to stalemates. These stalemates in turn lead to inaction because no course of action can be determined.
"In these cases mediation is often required in order to resolve the dispute. Often mediators have to find ways to get interest groups to think outside of the box in order to reach a satisfactory resolution."
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