Nobody downloaded yet

Work Place Dispute Resolution - Case Study Example

Comments (0) Cite this document
Summary
The paper “Work Place Dispute Resolution” seeks to evaluate Halsey v Milton Keynes case. The Court of Appeal held that: the court cannot require a party to proceed to mediation against his will on the basis that such an order would contravene the party’s rights to access the courts…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.6% of users find it useful
Work Place Dispute Resolution
Read TextPreview

Extract of sample "Work Place Dispute Resolution"

Download file to see previous pages Alternative dispute resolution is a term that has gained considerable attention in and outside many courts today. Even though it is not a relatively new term in legal proceedings, it has become an important tool in dispute resolution where parties are given the opportunity, at their own discretion, to result to other methods of resolving differences without referring to the courts as their first and only option. Alternative dispute resolution is a term that has gained considerable attention in and outside many courts today. Even though it is not a relatively new term in legal proceedings, it has become an important tool in dispute resolution where parties are given the opportunity, at their own discretion, to result to other methods of resolving differences without referring to the courts as their first and only option.ADR is a term that has been widely used to refer to some broadly based mechanisms that have been used to resolve disputes without the involvement of the courts in full-scale. These have ranged from negotiated settlements, a process which encourages the disputants to make direct negotiations between them before they seek some other forms of legal proceedings, to the process of arbitration or minitrials that feel and look more or less like courtroom processes. Moreover, ADR is used to include processes that may be designed for community development and tension issues facilitation. The generalized categorization of ADR therefore basically includes:• Negotiation• Mediation or conciliation• Arbitration (Pierson, 2000, pp. 89) 
Negotiation structures are designed to facilitate and encourage parties to a dispute to have direct negotiations without having necessarily incorporating a third party’s intervention. It is the most commonly used form of resolving disputes in which disputants voluntarily seek for agreements that are mutually satisfying to their common disputes under consideration. Naturally, this approach provides for the disputing parties to have ultimate control over the process and the resolution arrived thereafter. On the other hand, conciliation and mediation systems are more or less similar in the sense that a third party is interjected between the disputing parties with the intention of either mediating a particular dispute or as the way of their relationship reconciliation.  ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(Work Place Dispute Resolution Case Study Example | Topics and Well Written Essays - 4000 words - 1, n.d.)
Work Place Dispute Resolution Case Study Example | Topics and Well Written Essays - 4000 words - 1. Retrieved from https://studentshare.org/law/1724569-alternative-dispute-resolution
(Work Place Dispute Resolution Case Study Example | Topics and Well Written Essays - 4000 Words - 1)
Work Place Dispute Resolution Case Study Example | Topics and Well Written Essays - 4000 Words - 1. https://studentshare.org/law/1724569-alternative-dispute-resolution.
“Work Place Dispute Resolution Case Study Example | Topics and Well Written Essays - 4000 Words - 1”, n.d. https://studentshare.org/law/1724569-alternative-dispute-resolution.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Work Place Dispute Resolution

Alternative Dispute Resolution

...of Barnes who is professor and Chairperson of the UCL Council had an ancient interest in alternative dispute resolution and mediation. His report, admission to justice, 1996 (The Woolf Report) was recognized to have been an accelerator for the growth of ADR in England. He had massive interest on the subject to extend of lecturing on ADR in both the United Kingdom and several countries overseas (Sustac and Ignat 2004). He also presided over the system of the leaders of Supreme Trial Courts of the working group of European Union on its International Dispute Management Advisory Group, initiated in 2005. Therefore, Alternative Dispute...
6 Pages(1500 words)Essay

Dispute resolution

...and no one had the right to oppose it. This changed when I joined this class where I learnt many ways of solving problems and conflicts using fair and just methods. Much of the class discussions have helped so much in the way I related with everyone in my society especially my family members. I have found out that, some of the methods that I used in conflict resolution were wrong and needed some corrections. I have used the methods I learnt in this class so solve many situations in my life and most of these methods are working very well, thanks to the class discussions we have been having for this semester. I can testify that this class has helped me improve on my mediation skills, apologizing and the...
15 Pages(3750 words)Coursework

INTERNATIONAL COMMERCIAL dispute resolution

...their country of origin or where territorial boundary of countries was merged. In light of international conflict resolution, this paper will try to discuss the arbitrator’s duty of impartiality and independence under the English arbitration Act and compare with at least another system using resolved cases as basis. Arbitration Arbitration is one of the more popular forms of alternative dispute resolution of which two opposing parties agree to use a third person or more to settle the case in question. Although conducted outside the court, this system is acceptable and legal with the decision called the award1. The third party reviews the dispute and provides a decision...
12 Pages(3000 words)Essay

INTERNATIONAL ALTERNATIVE DISPUTE RESOLUTION

...clause to be invalid if the contract is, then they can state this as well. If the parties intend for the arbitration clause to be interpreted substantively by national courts and procedurely by arbitration panels, then it can state this too. In short, the parties can make their explicit wishes known, and this is what governs. On the other hand, if they do not make any explicit wishes known, then the default position would be to give the arbitration clauses full effect in virtually every case, void contract or no. This is really the best evolution of the issue, because the parties’ agreement should always be the basis for the resolution of any kind of contract dispute, and the assumption that a savvy...
15 Pages(3750 words)Coursework

Theory of Dispute Resolution

...the privacy and confidentiality of the case, by making it open to the public. Considering that the parties involved are against publicizing the case; since it would damage the reputation of their businesses, it is therefore wise to abide by the premises of the negotiation theory, which postulates that the parties involved in a dispute can resolve it on their own, without calling for the intervention of third parties. Therefore, it is recommended that Mr. Conn works for the application of negotiation as the dispute resolution mechanism for this case. While selecting negotiation as the best mechanism for addressing the dispute, various considerations...
11 Pages(2750 words)Case Study

Online Alternative Dispute Resolution

...depends on agreement by the parties to use ADR processes, either before or after a dispute has arisen. However, dispute resolution can also take place online by using technology in certain cases. Online Dispute Resolution, a growing field of dispute resolution, uses new technologies to solve disputes. It also involves the application of traditional dispute resolution methods to disputes which arise online.1 Negotiation thrives on technological changes through blind bidding which is one of the most prevalent dispute...
25 Pages(6250 words)Essay

Alternative Dispute Resolution

...a propensity towards alternative dispute resolution (ADR), with litigation as a last resort option12. However, Cornes highlights the point that private commercial mediation in particular “does not take place in a legal vacuum, many legal principles are highly relevant to mediation, such as confidentiality, without prejudice, impartiality, conflicts of interest, privilege and so on13.” To this end, Cornes further highlights the fact that the implementation of the CPR and the judicial preference for alternative dispute resolution has fuelled the debate as to “whether mediation should be compulsory in the sense that it should be required as a necessary...
16 Pages(4000 words)Essay

International Dispute Resolution

...PART A Advise Altair as to the possible forms of dispute…..advantages and disadvantages of each. Introduction Since disputes generally imply settlement through courts of law, any other forms of settlement are known by “alternative dispute resolution (ADR)”. When the parties involved are from different countries, settlement through the domestic courts of either party is not practicable. The laws relating to the jurisdiction of courts in a country are not suitable for transnational character of the disputes as they are meant for only resolving domestic disputes where parties involved are the citizens of the same country. Further,...
21 Pages(5250 words)Essay

ALTERNATIVE DISPUTE RESOLUTION (easy work)

...of Lecturer] Business Alternative Dispute Resolution Introduction Alternative Dispute Resolution (ADR) refers to all the alternative mechanisms or techniques by which individuals and organizations resolve legal issues or disputes without going to a court of law. ADRs often involve a neutral third party who mediates or negotiates. The role of the third independent party is thus to try and assist in the achievement of an amicable solution between or among the dispute parties (Lynch, P. 213). Additionally, in cases where a conflict may not be completely solved, the role of the independent third party would be to narrow the area of conflict...
6 Pages(1500 words)Research Paper

Alternative Dispute Resolution

...from the lessons that this article has shed light upon in the following ways: 1) Conflicts in project groups are part of the package. Since I am usually assigned the role of a co-coordinator in the group, there is a tendency to select 3-4 best responses to work upon. When reading the book, my mind immediately went back to the instances when I did not make an effort to listen to the rest of the people attentively. This made them quiet and they became less responsive altogether, hampering group cohesion. By being open to listening to each one and consciously trying to fish the positives, not only will the group become active and productive but there are also chances of merging the original ideas with the suggestions of the...
3 Pages(750 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Case Study on topic Work Place Dispute Resolution for FREE!

Contact Us