| Papers [1-14] of 100 :: [Page 1 of 8] | | Go to page : 1 2 3 4 5 6 7 8 —> | Search results on "LABOR MEDIATIONS": |
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Labor Mediations, 2002.
The role of the mediator in labor mediations.
2,900 words (approx. 11.6 pages), 6 sources, £ 73.95
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Abstract
This paper discusses the role of the mediator in labor mediations, and provides specific guidelines and recommendations for a successful mediation process.
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Descartes's "Mediations", 2004.
Critique and analysis of Descartes's argument from dreaming, his evil-demon argument, and his cogito argument.
843 words (approx. 3.4 pages), 3 sources, MLA, £ 20.95
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Abstract
This paper provides a brief introduction to Descartes's arguments from "Mediations" and provides some common criticisms of Descartes's philosophy.
From the Paper
"Descartes dream argument is based on his assumption that humans accept any information that comes in from the senses as true. In his dream argument, Descartes proposes that the sensations that he feels in reality are greatly similar to those sensations that he feels while dreaming. As such, there is no reliable way to tell the difference between sensations felt during dreams and those felt while awake."
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Mediation, 2006.
A look at the function of mediation.
2,146 words (approx. 8.6 pages), 5 sources, APA, £ 46.95
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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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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, £ 116.95
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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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Compulsion to Mediate, 2006.
An analysis of the adverse consequences of mandatory mediation.
942 words (approx. 3.8 pages), 18 sources, MLA, £ 23.95
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Abstract
This paper argues that mandatory mediation is an unnecessary part of the Australian legal system. The paper describes the continuing debate amongst legal professionals as to just how effective the mediation process is when it is compelled upon parties, rather than entered into voluntarily. It suggests that mandatory mediation not only destroys the consensual nature of the mediation process, but it also does not guarantee the same level of natural justice, as found in the court system.
Table of Contents:
Introduction
Deterioration of the Consensual Nature of Mediation
The Course of Natural Justice
A Litigant's Right to Trial
Who Should Pay?
Conclusion
From the Paper
"As a form of ADR, it is undeniable that mediation can have positive ramifications for not only the parties involved, but also the courts. The success of mediation is often attributed to its consensual nature. However, by mandating mediation, its consensual nature is lost, lowering the potential for a successful outcome. The power of the courts to enforce mandatory mediation infringes the right of a litigant to trial and delays the progression of a case through the courts. This is in addition to the increased financial burden placed on parties if they are compelled to mediate, which can be particularly disadvantageous to poorer litigants. As compared to litigation through the courts, mediation gives little guarantee that natural justice will be served. These factors, combined with the erosion of the consensual nature of mediation, suggest that mandatory mediation is an unnecessary part of the Australian court system."
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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, £ 24.95
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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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Mediation and Domestic Violence, 2008.
This paper argues against mediation in cases of domestic violence.
1,536 words (approx. 6.1 pages), 6 sources, APA, £ 34.95
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Abstract
In this article, the writer notes that the issue of domestic violence has been debated for decades throughout the criminal justice system, government and society. The writer points out that because there has been a steady increase in the number of domestic violence cases over time, it has been suggested that mediation may be the solution to resolving issues, saving families and stopping the continued violence through communication. The writer discusses that mediation, however, by its very nature suggests that there are two parties that are equal and that there is a desire for there to be a solution that is equitable to both individuals. Therefore, the writer maintains that while there are many segments of society that believes that mediation is appropriate in domestic violence cases, it is evident that if equality does not exist between the parties, mediation is not a solution to the issue.
From the Paper
"Although this is becoming the standard of practice in the court system, it is also not always achieved effectively because of the lack of skill in domestic violence cases that exists in the court system. Therefore, wives that have experienced domestic violence may be directed to enter mediation, even though the situation calls for other actions to be taken that would prevent further violence.
"The State of Georgia has determined that mediation can be effective in domestic violence cases if proper screenings occur prior to the onset of the mediation process. The state has placed into affect procedures in which mediation can be considered in domestic violence situations, where there is no threat to the individuals being abused and in which the mediators are specifically trained to work with domestic violence cases."
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Mediation Models, 2005.
A comparison of mediation models.
1,150 words (approx. 4.6 pages), 4 sources, APA, £ 27.95
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Abstract
This paper provides a comparison of two mediation models. Stages of the mediation process as described by Folberg and Taylor and the Fisher and Urys model of the principled negotiation process is also discussed. The paper also looks at the importance of the mediator's ability to determine communication styles and emotional states of the participants.
From the Paper
"Comparison of Mediation Models Jay Folberg and Alison Taylor describe a mediation process that includes the following stages Introduction creating trust and structure Fact finding and isolation of issues Creation of options and alternatives."
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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, £ 38.95
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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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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, £ 28.95
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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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Successful Mediation Strategies, 2002.
A look at how mediation can be used to resolve rural disputes.
2,900 words (approx. 11.6 pages), 10 sources, £ 73.95
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Abstract
This twelve-page graduate paper discusses the effectiveness of mediation process in resolving rural disputes. There are some other known techniques of conflict resolution which are either too expensive or time consuming, therefore mediation is considered to be the best alternative solution for rural communities.
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Computer-Mediated Communication, 2008.
An analysis of the effects on language of technology-mediated forms of communication that de-center face-to-face communication.
1,571 words (approx. 6.3 pages), 7 sources, MLA, £ 35.95
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Abstract
This paper discusses the technology-mediated forms of communication that de-center face-to-face communication, such as is seen in the text messaging and instant messaging modes of communication. The paper then shows how this de-centering of face-to-face communication impacts language use and language structure. The paper provides the writer's personal opinions on the effects that this mode of communication has.
From the Paper
"In general, this finding mirrors my own experience of instant messaging in that it is a useful mode of rapid communication while multi-tasking but it is highly limited. For example, one can be writing a paper, researching articles in online databases, while chatting back and forth with friends on MSN or one of the other popular instant messaging networks. As one may gather from this use, primary concentration is focused upon other tasks, so quick notes or comments of one or two lines of instant messaging that can be rapidly understood and responded to represents the ideal mode of communication here. Longer and more complex messages necessarily demand more time and energy in interpretation and response; time and energy that is diverted from the primary task one is often involved with. Research tends to support this point of view, and suggests that even among young and experienced instant messengers there is a high degree of frustration with discussion threads that may be long and complicated (An and Frick 493)."
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Discourse in a Computer-Mediated Forum, 2004.
An analysis of discourse in a computer-mediated forum, MSN Zone's Spades Rooms (Lobby).
2,716 words (approx. 10.9 pages), 19 sources, APA, £ 56.95
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Abstract
The discourse analysis approach to understanding human communication is used to examine the discourse that takes place in a computer-mediated forum. An overview of the forum is followed by a review of how discourse analysis works and how it can be applied to this research project. A description of the analytic technique is followed by a discussion of the findings and a summary of the research in the conclusion. Relevant appendices with original research findings and explanatory notes are also provided.
From the Paper
"The amount of empirical work employing the discourse analysis approach has increased in recent years, as organizational researchers have embraced the methods established in other domains of study to explore organizations (Hardy, 2001). The discourse analysis approach to understanding human communication described by Wood and Kroger and others is used in this research project to examine the discourse that takes place in a computer-mediated forum."
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Arbitration and Mediation, 2005.
A discussion about the differences between arbitration and mediation.
1,504 words (approx. 6.0 pages), 3 sources, MLA, £ 34.95
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Abstract
This paper explains that arbitration and mediation are often grouped together, without distinction, in discussions about alternative dispute resolution, yet they are clearly very different in procedure and process. It points out that both techniques have become a popular type of dispute resolution techniques for private individuals, such as those involved in divorce or property interest issues, with a desire to reach a compromise with reduced cost. Both processes are effective for different reasons and are performed in different but similar ways to one another. This paper discusses the differences between these two forms of negotiation and settlement.
From the Paper
"Though for all their differences mediation and arbitration are also similar in many ways. First and foremost they are both alternatives to often costly and lengthy litigation processes and are less likely to end in criminal charges, of intent or otherwise. This is especially important with regard to situations where contract law has entered a grey area and where the desire to retain resources for settlement rather than legal bills is important. With regard to arbitration, in a personal civil situation such as divorce the two parties can represent themselves and allow the arbiter to make decisions on their behalf. The same can be said of mediation, while mediation may seem to offer a more long term working relationship between two parties, such as when children or adjacent property rights are in question. "
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