Alternative Dispute Resolutions Business Law 531 March 11‚ 2013 Thomas Kershaw Alternative Dispute Resolutions Traditional litigation and nontraditional Alternative Dispute Resolution both seek to settle disputes however litigation is more costly than ADR. Therefore‚ plaintiffs should consider the use of ADR before requesting a trial. Traditional Litigation Parties may pursue ADR‚ as well as‚ traditional litigation in trying to resolve a dispute however the latter is more complex and
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STUDY AND ANALYSIS ON EXISTING RELATION MACHINERY IN COAL INDIA LIMITED AND ITS SUBSIDIARY COMPANIES Introduction: Industrial Relations‚ Industrial disputes & its grievance handling mechanism Industrial relations constitute one of the most delicate and complex problems of the modern industrial society. In the broad sense‚ industrial relations cover all such relationships that a business enterprise maintains with various sections of the society such as workers‚ state‚ customers and public who come
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ALTERNATIVE DISPUTE RESOLUTION KRISTAL COBB LAW & ETHICS FOR MANAGERS This report will discuss the different processed for Alternative Dispute Resolution (ADR) and the advantages and disadvantages of each type. Types of ADR Negotiation This form of ADR is give and take. The parties involved engage in discussions in order to come to terms with each other (Bagley & Savage‚ 2010). Negotiations can either take place to ensure future relations are positive – this is referred to transactional
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’Corporation’)‚ has been constituted under the Road Transport Corporation Act‚ 1950. The respondent which is a Trade Union of the appellant-Corporation‚ filed an Application before the Labour Court‚ Dehradun under Section 11-C of the U.P. Industrial Disputes Act‚ 1947 read with Section 13A of the Industrial Employment (Standing Orders) Act‚ 1946‚ praying for a declaration that the 15 persons who were appointed on contract basis as ’drivers’ and ’conductors’ as shown in the annexed chart‚ be declared
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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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Critical Analysis of the Case of Salem Advocates Bar Association v. Union of India. (2005) 6 SCC 344 Facts of the Case The present case Salem Advocate Bar Association v. Union of India[1] is basically an aftermath of the original case Salem Advocates Bar Association‚ Tamil Nadu. v. Union of India[2]. The Honorable Judges presiding over the case were Y.K. Sabharwal‚ D.M. Dharmadhikari and Tarun Chatterjee. The subject is basically related to Constitution and is a case of civil nature. In the former
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SOLUTIONS China and Japan use a lingering conflict for their own domestic political interests. Presenting Problem: a longstanding territorial dispute over who has sovereignty over the Senkaku islands. Chinese believe the islands were unlawfully seized by Japan in the war 1895. Japan argues that possession is nine-tenths of the law and that there can be no dispute since they have occupied the Senkakus for the past over 100 years. For the past 40 years Japan has managed to avoid the conflict over the
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Alternative Dispute Resolution ("ADR") processes are alternative methods of helping people resolve legal problems before going to court. ADR involves an independent third person‚ called a "neutral" who tries to help resolve or narrow the areas of conflict. Most civil disputes are resolved without filing a lawsuit‚ and most civil lawsuits are resolved without a trial. The courts and others offer a variety of Alternative Dispute Resolution (ADR) processes to help people resolve disputes without a trial
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1. What are the issues involved in resolving legal disputes in international transactions? The issues involved in resolving legal disputes in international transactions include but are not limited to the signing of contracts designed to protect both parties‚ choice of clause‚ which forum to use when settling a dispute and if arbitration‚ if used‚ will be binding or nonbinding. Something else to think about when resolving legal disputes in international transactions would be to gauge when the
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Exclusive Economic Zone in the southeastern part of the Spratlys encompassing just one area of small islands above mean high water (on Louisa Reef). This has led to escalating tensions over the Islands’ disputed status. Historical Background of the Dispute 200BC around – China firstly discovered the Spratly Islands 220 – Nansha (Spratly) Island was settled by Chinese monks‚ building up a monastery on that island. 789 – The Tang Dynasty‚ China included the Nansha Islands into its administrative map 990
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