Our system of law is recognised as the adversary system. It begins from a point of conflict either from criminal or civil and traverses through various check points of the legal process looking for resolution or recompense. Each side battling the opposing parties’ argument while defending their own. In the hope of achieving a positive verdict in front of the neutral adjudicator the Judge acting as the passive umpire and guardian of the law. Critics may argue that fundamental values of liberty‚ equality
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Traditions of Conflict Resolution in South Africa R.B.G. Choudree1 ABSTRACT In the domain of law‚ and elsewhere‚ alternative dispute resolution can be used in more than one way. It may signify a recognition that there are other methods than litigation‚ and that these may sometimes be more appropriate. But it may also serve as a label for methods which are frowned upon as popular but amateurish. This article is written from the perspective that the deep roots and valid reasons for traditional
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NEGOTIATION AND CONFLICT RESOLUTION Martin Z. Rosenbaum‚ B.Com.‚ B.C.L.‚ LL.B In addition to our regular services‚ we offer structured negotiation and conflict resolution services. Most disputes headed to litigation or already in litigation‚ could be resolved much earlier and at less cost if the negotiation and conflict management were approached in a specific disciplined manner. Many business negotiations could proceed much more efficiently and effectively if the negotiations were approached
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Webster’s Dictionary defines a group as "a number of persons near‚ placed‚ or classified together." Others define a group as a "social unit that consists of a number of individuals (1) who‚ at a given time‚ have role and status relationships with one another‚ stabilized in some degree and (2) who possess a set of values or norms regulating the attitude and behavior of individual members‚ at least in matters of consequence to them." Intergroup relations between two or more groups and their respective
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often considered to be distinct from conflict resolution. In order for actual conflict to occurr‚ there should be an expression of exclusive patterns‚ and tell why the conflict was expressed the way it was. Conflict is not just about simple inaptness‚ but is often connected to a previous issue. The latter refers to resolving the dispute to the approval of one or both parties‚ whereas the former concerns an ongoing process that may never have a resolution. Neither is it considered the same as conflict
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References: Barsky‚ A. E. (2007). Conflict Resolution for the helping professions (2nd ed.). CH 6 p 233. Belmont‚ CA: Thomas Learning. Commercial and Medical Dispute Solutions (2009). Retrieved on September 24‚ 2009‚ from http://www.cmds.org.uk/
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CONFLICT MANAGEMENT Conflict management refers on the way how we approach the other party in a conflict situation. There are main structural approaches such as emphasizing superordinate goals‚ reducing differentiation‚ improving communication and understanding‚ reducing task independence‚ increasing resources‚ and clarifying rules and procedures. Emphasizing Supeordinate Goals The first way to resolve the conflict is to seek and find the common goals. The emphasizing superordinate
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requesting the downsizing of the Human Resources Department. Instead of the eight employees already in place‚ Pat wants the department pared down to five employees. She wants the names of three employees selected to be terminated. There is no other alternative to termination‚ and the company policy states that there can be no early retirement and no moving laterally to another department. Cost-cutting measures are now requiring that five employees do the work of eight. In addition to the names of the
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Secretary Of State "‚ 2013). In this situation the Anderson Cost Club is not in jeopardy of being liable for discharging the two former employees. Regional CEO’s - Reducing Employee Costs As businesses struggle to improve the bottom line‚ alternative staffing provisions is a way for the company to meet its financial obligations. However‚ please understand the importance of being careful when determining the classification of an employee and independent contractor. To briefly explain the
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justice system must also change. As the criminal justice system changes it is important to identify areas of the court system that needs changes. Portions of the court system facing changes are the way courts are managed including their problems and resolutions. Victim’s rights have emerged as a new trend in the courts as victims are given the rights to intervene in cases‚ prior to sentencing. In the future‚ the courts face a loss of cases to a potential private sector of courts such as arbitration and
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