stepped in and file a suit against Waffle House for violating the ADA. I feel that it was very unfair that Baker was terminated due to he had a seizure at work‚ but I was happy to see that the EEOC trumped the arbitration at the end. The court said that that the EEOC trumped the arbitration contract between the employee and the employer because the EEOC was not a party to the contract but had independent statutory authority to bring a suit to the court. Some of the pros of
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litigation would be the course of action. (Steven Harms‚ 2011) Some of the most popular forms of non-traditional ADR are Arbitration‚ Mediation and Negotiation. Arbitration is a legal technique where the parties to a dispute refer it to one or more persons‚ the arbitrators‚ by whose decision they agree to be bound. ("Arbitration‚" 2012) Some of the advantages of arbitration over traditional litigation is usually must faster to come to an agreement‚ it cost less money and usually the proceedings
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Explain arbitration and mediation and how they apply to labor relations. “Third-party involvement includes mediation‚ fact-finding‚ and arbitration”(Fossum‚ 2015‚ p.409). Mediation is a party that assists the involved party however remains neutral. Mediation will find a common ground where the parties involved can communicate
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SCENARIO 1 Supervisor‚ Carl‚ does not get on with one of his workers‚ Chia. Carl decides to change Chia from day shift to night shift. Chia is not happy and calls the union. Write Maximum of 400 words answer here: Assumptions: between Carl and Chia there could be differences in personality and termperament‚ lack of effective communication skills‚ gender‚ generational and cultural issues‚ ongoing cycles of workplace change that do not seem to improve anything Mediation and Conciliation provides
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References: Bender‚ J. G. (2010) ARBITRATION- An ideal Way to Resolve High-Tech Industry Disputes. Dispute Journal‚ 65(4)‚ 44-52 Glass‚ I.‚ & Sydell‚ L. (2011‚ July 22). 441 When patents attack! This American Life Podcast. Podcast retrieved from http://www.thisamericanlife.org/radio-archives/episode/441/when-patents-attack
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discovery‚ dismissals and pretrial judgments‚ and settlement conference. This is followed by the trial proceedings and appeals‚ if applicable. Nontraditional litigation includes ADR‚ alternative dispute resolution. “The most common form of ADR is arbitration” (Cheeseman‚ 2010). Other forms include negotiation and mediation. It is up to management to determine which form of litigation is appropriate for the organization. “The paperwork that is filed with the court to initiate and respond to a lawsuit
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resolution (‘’ADR’’) procedures summarized as follow: 1. Arbitration: In arbitration‚ the parties choose an impartial party to hear and decide the dispute. This neutral party is called the arbitrator. Arbitrators are usually selected from member so of the American Arbitration Association (AAA). Evidence and testimony are presented to the arbitrator at a hearing held for this purpose. Less formal evidentiary rules are usually applied in arbitration hearings than at court. Then‚ the arbitrator will reach
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ALTERNATIVE DISPUTE RESOLUTION (ADR) IN CHINA In China‚ many forms of ADR are combined with litigation and arbitration‚ which can be called hybrid processes that ultimately lead to legally binding outcome under appropriate circumstances. Therefore‚ in China’s legal practice‚ the meaning of ADR shall be slightly different from the normal definition‚ for example the result of ADR can lead to legally binding‚ hybrid processes‚ if it is agreed by both parties in dispute. It is generally accepted
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and consensus. It is regarded that arbitration is a familiar ADR technique‚ however‚ it is a more of a official adjudicative and adversary technique initially a confidential litigation process which has more commonality to litigation than the more original consensual processes which symbolise ADR. As simplified by Angyal (Alternative Dispute Resolution‚ 1987‚ p. 11): "The key difference between ADR and those traditional techniques of litigation and arbitration is that ADR techniques are used to
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Definition of dispute …………………………….. 08 8. Machinery for settlement of disputes …………… 09 9. Collective Bargaining …………………………… 09 10. Mediation and Conciliation ……………………… 16 11. Investigation ……………………………………… 17 12. Arbitration ………………………………………… 18 13. Adjudication ……………………………………… 21 14. Conclusion ………………………………………… 24 15. Bibliography ………………………………………. 25 LIST OF CASES 1. Life insurance corporation of India vs. D.J. bahadur‚ 1980 Lab IC 1218‚ 1228(SC)
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