Archive for Mediation

Options in Resolving Business Disputes

Dispute Resolutionon December 27th, 2009No Comments
Businesses involve contracts, ventures, arrangements, and agreements with other business entities. Sometimes, these transactions turn into disputes. Business disputes arise when one or more party fails to honor their end of the deal in an agreement. This causes both parties to argue with each other. This at times leads to legal actions.

If all these disputes lead to court actions, every court all over the United States will be crowded with business dispute cases. Hence, the Alternative Dispute Resolution was born. This aims to encourage out of court settlements instead of litigation processes.

The Alternative Dispute Resolution or ADR is a series of positive and organized procedures for resolving disputes with the mutual consent of the parties involved. ADR encourages the parties to engage in negotiations to settle the dispute.

Business owners have options in dealing with this matter. They have four options to be precise. These are the following:

1. Direct Negotiation

Direct negotiation is a dispute resolution process wherein the two disputing parties work together and come to a resolution on their own. The parties communicate directly with each other without a third party who shall oversee or help with the dialogue.

This resolution process is the cheapest way to resolve a conflict. It needs no court fees, attorneys’ fees, or other payments. It only requires that the two parties are there, willing to exchange sides regarding the disagreement. This form of resolution calls for effective planning, communication and negotiation skills.

2. Arbitration

This is a resolution wherein the parties in a dispute refers it to a third party, called the “arbitrators.” The neutral party listens to the problems and arguments of both sides, examines their evidence, and renders a decision (award) after careful analysis.

Arbitration awards are generally an award of damages against a party. Both parties are bound to agree to the award, this is referred to as the “binding arbitration.” The arbitrator’s decision is final.

3. Mediation

Mediation is another form of resolution which aims to make disputing parties reach an agreement. The parties meet together with a mediator/s. In this case, the mediator assists them in the negotiation of their differences, but leaves the power to decide between the parties. The parties should be able to come to a mutual decision.

Mediation starts on a joint session and then proceeds to a separate caucus between the mediator and each individual party or their attorney. Mediation is strictly confidential. Thus, everything that is said and discussed in this process will be held in private and cannot be deemed admissible in court or in any other proceedings.

4. Litigation

If the parties cannot settle into an agreement by using an alternative dispute resolution, then their last option is to file a civil case in court. The purpose of business litigation is to determine which side is right or wrong.

Majority of business disputes do not go this far since it entails the most drawbacks. The whole process involves a lot of work, and consumes substantial amount of time and money. However, it is still considered a suitable option.

Nevertheless, most legal actions should not have happened if only companies did abide with the terms of the business agreements they got involved with. Hence, it is very advisable to seek the aid of a business lawyer before engaging in any type of business agreement. This to fully understand the possible advantages or consequences that one may get from such contacts.

For a better understand about the proper manner of entering a business agreement, log on to our professional Los Angeles lawyers website.



By: Jinky Belle Abelardo

About the Author:

Jinky once aspired to become an hotelier. Now, she hopes of becoming a successful doctor. She intends to pursue this dream in the near future. In the meantime, she’s glad for the opportunity to enhance her writing skills while working as a content writer.



small business resources

DHC STRUCK DOWN TIME LIMIT OF SIX MONTH FOR INVOKING ARBITRATION IN STOCK EXCHANGE DISPUTES

Dispute Resolutionon December 4th, 2009No Comments
Neeraj Aarora: AICWA, LLB, PGD (Cyber & DLTA), CFE (USA)

Arbitration is an alternative dispute resolution mechanism provided by a stock exchange to resolve disputes between the trading members and between trading members & constituents (i.e. clients of trading members), in respect of trades done on the Exchange. This process of resolving a dispute is faster than other means of redressal by civil courts. Arbitration comes under the Arbitration and Conciliation Act 1996. The Act allows two options— conciliation and arbitration. Conciliation is similar to an out-of-court settlement where the parties find acceptable resolution and a stamp of legal finality is marked on the case. Arbitration, on the other hand, is a quasi-judicial mechanism where arbitrators decide on a case (like a judge or a bench) and pass an order which is called an arbitration award. However, the byelaws of the exchange provide the procedure for Arbitration. The investor can procure a form for filing arbitration from the concerned stock exchange. All the cases have to be filed within 6 months of the dispute arising.

In the recent judgment of Delhi High court in SMT BIBA SETHI Vs DYNA SECURITIES LTD, OMP NO. 63/2007 decided on 17th March, 2009 Hon’ble Judge, RAJIV SAHAI ENDLAW held that “the part of Byelaw 3 of Chapter XI of NSE Byelaws, to the  extend prescribing limitation of six months for reference of disputes/claims to arbitration is void. The time therefore will be governed by the limitation act.”

The Judgment shall provide a relief to the thousand of investors who has to file the suits in the civil courts on expiry of six Months time for filing the claim with the arbitration. Normally, the broker uses delay/dilatory tactics with the client resulting into loss of opportunity of clients to invoke the arbitration clause. The clients are left with no option but to file suit in the civil court where the adjudication process takes a couple of year. Now, the clients can invoke the arbitration clause within three years i.e. the time prescribed by the law of limitations. The decision of the High Court would also result into substantial reduction in the number of cases filed in the civil court in last two years as these cases can now be adjudicated/referred to the summery proceedings of the arbitral mechanism of the   stock exchanges.

Any Quarry Please Send the mail neeraj@hazenlegal.com



By: Neeraj Aarora

About the Author:

Neeraj Aarora, Advocate
AICWA, LLB, PGD(Cyber Law), CFE
Mb – +91-987143505. 011-27318700
Email – nirajdp@gmail.com

Professional Summary
I am a Law graduate, Cost Accountant & Certified Fraud Examiner, presently practicing as an advocate in Delhi Court,providing consultancy on the matter relating to the detection, prevention of cyber crime, collection of digital evidence remedial measures and filing & followup of cases in the court and other legal forum.

Empanelment/Consultant:-

Consultant to 1) World Bank 2) Indusind Bank, Delhi

Arbitrator to “Multi Commodity Exchange of India”, New Delhi

Enrolled as an Advocate with “Bar Council of Delhi” , “Delhi High Court Bar Association” & Supreme Court Bar Association

Qualifications –
AICWA, LLB, PGD(Cyber Law), CFE
Certificate course of “Cyber Crime Investigator
Certificate course of “Cyber Crime Investigation & Cyber Forensic

WORK EXPERIENCE :-
July, 2008 to till date :- Joined BAR COUNCIL OF INDIA as on 15/07/2008 and practicing as an Advocate in Delhi Courts.
May, 1995 to July 2008 :-

I served in the “Economic Offence Wing”, Crime Branch, Delhi Police as an Investigative Officer.

Academic Lectures & Paper Presentations :

Contributing articles on “Forensics & Cyber Fraud” in NIRC News “of ICWAI.
Contributing articles on “Cyber crime & Cyber Law” in “Cyber Times” newspaper.
Delivered lectures on “Fraud in Stock Markets & Corporate sector” at Police Training College, Jaroda kalan, New Delhi
Delivered lectures on “Establishing a chaing of evidence in Cyber Cases” to the officer of Indian Air Force
Delivered Lecture on “Cyber Law & Cyber Crime” in various Engg./Mgt Colleges.



small business tips

Alternative Dispute Resolution in Canada

Dispute Resolutionon November 19th, 2009No Comments
Alternative Dispute Resolution is one of the best solutions in modern law. While the courts today are overcrowded and in many provinces the amount of cases like personal injuries just can’t be handled fast enough – alternative solution (through any other resolution than litigation) usually is the best solution. It is most often practiced in such areas of law as: commercial, construction, elections, employment, federal practice, insurance, international, labor and securities. In some areas 90% of the cases are solved throughout alternative resolutions. Alternative Dispute Resolution has lot of advantages compared to litigation, it is usually cheaper and more expeditious. Also it can be focused only on the solution of the problem and not on court procedures, so is it more effective for both sides. Usually the alternative resolution is proposed after the initial hearings stage. One of the biggest advantages of the Alternative Dispute Resolution is flexibility. Basically any conflict resolution within legal rules can be considered and alternative solution. Still there are five main types of Alternative Dispute Resolution: negotiation, mediation, collaborative law, hearing and arbitration.

Negotiation is a voluntary procedure with no third party that facilitates the resolution process or imposes a resolution. This type of Alternative Dispute Resolution is the easiest one for both of the sides, because everything can be solved between the parties with no additional people, still this solution is impossible in a large number of cases because the sides are not ready for negotiation (are having emotional problems during a divorce for example).

Mediation is procedure where a third party (a mediator) is facilitating the resolution process. While this party even the right to suggest a resolution, but does not impose a resolution on the parties.

Collaborative Law (collaborative divorce) is not quite an alternative resolution but rather a litigation variant, still it allows to solve the dispute without the active participation of the sides. In this type of resolution, each party has an attorney, which facilitates the resolution process within specifically contracted terms and mutually-agreed experts. No one imposes a resolution on the parties, however, the process is a formalized process that is part of the litigation and court system.

Hearing is a procedure that is less formal that trial. Mostly hearings are public with definite issues of fact or law to be tried, in which witnesses are heard and evidence is presented.

Arbitration is a procedure where participation is typically voluntary, and a third party (acting like a private judge) is present. The third party imposes a resolution during the process of arbitration. Mostly such type of resolutions occur because parties to contracts agree that any future dispute concerning the agreement will be resolved by arbitration. If such agreement was made it is usually called ‘Scott Avery Clause’. During the recent years the enforceability of arbitration clauses (in consumer agreements mostly) has drawn scrutiny from courts. Of course there is always a possibility to appeal arbitration outcomes to courts, but appeals will face an exacting standard of review.



By: Rebecca Brown

About the Author:

For more information regarding Spousal support Lawyers, Surrey lawyers, Victoria lawyers and legal services please visit: www.lawyerahead.ca



small business articles

Crusades, Jihadists And Conflict Resolution-Part Ii

Conflict Resolutionon October 7th, 2009No Comments
Crusades, Jihadists and Conflict Resolution-Part II.

Prof. Hasan Yahya

Everywhere, in the aftermath of 9/11 waves of shock, grief, fear, and anxiety reverberated not just through New York and Washington but throughout the United States . Due to the unpredictability and massive scale of the violence of terrorism, the trauma symptoms it causes travel well.

Among majority of Arabs and Muslims,  Unfortunately,  911 was privately applauded. For a simple reason, the slogans of freedom, economy and politics were attacked. That was unbelievable event in modern times. While doubt remains about inside helping hand, the success brought world attention, a proverb says in Arabic: (the mosquito can make the lion’s eye bloody.) Islam is a slogan, cannot be destroyed or demolished easily as a reaction for 911. Unless justice prevails. And Islam has to be respected. The millions of faithful, do not apprehend this wave against Islam from some intellectuals who had certain purposes to achieve in the western world. Some of them may be sincere to change wrongs committed against Muslims and Arabs in recent years. The new Muslim generations have to be given the benefits of doubt to be protecting human rights on mutual respect, when people loose their dignity, beware of their offspring.            

What was amazing that after the pope speech. Something startling happened. Thousands of knights swear that they see the clouds part and an image of the Holy City appear in the sky. They fall to their knees in wonder, knowing the certain that God wills the Crusade. And the waves of Crusade began. 

Was it true? Sins of nobles and knights will be forgiven?  Who played the role of God in that time to grant such forgiveness? He was the pope Urban II. This is not strange, because Compared with Khumeini  of Iran who played the same role in 1980. as the pope, by making fatwa for martyrs young people in the fight with Saddam Hussein’s Iraq. Paradise was guaranteed according to Khumeini.

Returning to the book title: People are no idiots, of course. They know the Crusade was  a war between Christians and Muslims for control of the Holy Land. However, these bloody conflicts raged over centuries, under changing circumstances, making the whole story difficult to follow.

You don’t have to don armor and cross deserts to relieve the Crusades! In The Complete Idiot’s Guide, which is a website, for the Crusades shows why these wars began? why they continued for so long? and how their impact on the world still resonates.? This Complete Idiot’s Guide as they announce show much of the dark ages and the Renaissance, and why the Pope Urban II would grant absolution to anyone who reclaimed the Holy Land for Christianity.

George W. Bush and the Crusades an article by Alan Woods Begins with this statement: 

 ”On the eve of the war in Iraq, George W. Bush talked about a “crusade”. He was obviously quite pleased with himself for having thought of such a catchy phrase. But he was quickly silenced by his advisers, who pointed out to him that the word “crusade” has very unfortunate associations for the Moslem world. After that, the word was quietly dropped from his vocabulary.”

 For most people – including the Bush Administration in the White House,   ” were something one vaguely remembers from the movies, where they are presented in a glamorous and romantic light, as the highest expression of Christian chivalry. The reality was rather different.”

 Dr. Wood’s book is interesting, he  explained what were the crusade, the Crusades and the Jews, The Crusades in Jerusalem, the religious-military Orders, the Economic interests, then Saladin and Richard (The Lion Heart), plus many interesting historical facts. What is interesting is what he brought. Some comments of the crusaders about the Jews made in  N. Cohn, book: The Pursuit of the Millennium, p. 70.) he brought this quote:

 ”We have set out to march a long way to fight the enemies of God in the East, and behold, before our very eyes are his worst foes, the Jews. They must be dealt with first.” And again: “You are the descendants of those who killed and hanged our God. Moreover [God] himself said: ‘The day will yet dawn when my children will come and avenge my blood.’ We are his children and it is our task to carry out his vengeance upon you, for you showed yourselves obstinate and blasphemous towards him … [God] has abandoned you and has turned his radiance towards us and has made us his own.” (p70)

Hasan Yahya is a professor of sociology and a culumnist writer at worldfuture, Malaysia and TINA International News Agency, Chicago.



By: hasan yahya

About the Author:



accounting

Alternate Dispute Resolution

Dispute Resolutionon September 28th, 2009No Comments
Alternative Dispute Resolution (ADR) comprises the gathering of the parties to a contract, with a trained independent person – the mediator, to explore whether a mutually satisfactory elucidation can be found to the dispute that has stirred up between them. ADR is a locale of law where we dynamically seek to; improve the law, course of action and practice. It includes mediation, adjudication, arbitration, conciliation and ombudsman schemes.

Most business owners in India are small business owners, contending in an ever more intense and flattening global milieu. As can be seen from the efforts of the current administration to reform the judicial structure, there are many nuisance identified by the business interests. In business, commitments are to be committed. These commitments constitute both written and verbal contracts. The parties making these promises rely upon each other to fulfill them. When one of them fails to keep up the promises, disputes are bound to arise.

Conventionally, in the event of a breach of contract, one party hires a lawyer and begins a negotiation process with the counterpart(s), which may or may not achieve the satisfactory results. When it doesn’t, one is off to the court with a lawsuit. Lawsuits have inherent disadvantages for business- the parties lose control, the lawyers and the judges become the masters of timing and procedure, and as a result disputes can take years to wind up through the system. The parties lose the ability to communicate with each other in order to resolve the problem. Relationships are ruined. The cost of business escalates significantly due to these delays and the lawyer’s fee. Businesses embroiled in litigation can lose a competitive edge too. Often small business owners have a narrow supply chain and their businesses suffice mainly upon their personal relationships. These personal relationships become embattled with the advent of a lawsuit. Lawyers instruct their clients not to discuss the case with the opponents outside their presence, thus bringing communication—the lifeline of trade and commerce—to a halt and standstill.

Shifting to a global standpoint, it is an irrefutable fact that the Earth is flattening for business. We compete not only with other local businesses, but also with the tactical alliances which extent all over the globe. Lawyers know that it may prove thorny for them to coerce overseas businesses to answer in overseas courts. Moreover, it could be a fiscal catastrophe to allow competition to gain deliberate advantage with sharp use of cheaper, customized, and more capable way to resolve the inevitable problems associated with business. International business norms must acclimatize to the flattening world through intelligent use of alternative dispute resolution in order to remain competitive. Top firms are predominantly incorporating mediation in their contractual agreement prior to instituting litigation. Mediation is a much suppler vehicle than the court structure for resolving business disputes.

Mediation has much advantage over the routine court procedures.

Charge Rather than lawyers and judges dictating the terms of the dispute resolution, the parties remain in charge of the entire state of affairs. A concord is achieved only if it is acceptable to both sides.

Constructive Channel of Communication When binding mediation is integrated into the contract, the parties expect to keep the dispute de-escalated, and time and again holdup in engaging an external attorney for a time sufficient to entirely survey each and every potential mode the dispute can be resolved. This affords maximum prospect to allow a healthy business relation keep flourishing.

Creativeness An able and skilled mediator can support the parties to vessel a workable solution which may involve a nifty and artistic alternative which is almost impossible in the court system or even arbitration. The potency of the mediator to think outside of the box is his/her stock in trade. With mediation, the costly war is, at best, prevented, and at worst, held in abeyance to enthusiastically pursue peace.

Mediators are chiefly accomplished in navigating impasses that the parties can not conquer. It is a proven fact that on most of the occasions, war can be ended only after the combatants are dog-tired, either psychologically or monetarily. In this case, mediation can aid in performing a rationalized detection to obtain facts which are the core of the dispute. Therefore, even if litigation can not be evaded totally, mediation can assist in accomplishing a quicker conclusion.

Triumph in any business clash is calculated by serenity, which results in the incessant success of the project. When common earning is at stake, it is fundamental that the parties swiftly shift to endeavor full and fair resolution. A mediator can assist in this process, and construct a concrete scheme to frame the relationship further to thwart snags and foreseeable future disputes.



By: Kshitiz Karjee

About the Author:

Second year law student at Amity Law School, GGSIP University, Delhi, INDIA



training

Divorce Mediation-a Mediation With Parties Representing Themselves in Florida

Mediationon September 24th, 2009No Comments
Parties wishing to resolve their divorce without family litigation can take advantage of family mediation. Divorce mediation can take place before you file in family court or after you’ve done so in a case where the parties will be representing themselves.

Mediation is less formal than a court proceeding. The process itself is meant to give you control of the outcome. This means that a mediator, regardless of his or her professional background (lawyer, retired judge, etc) cannot make decisions for you nor can they give you legal advice on any issue.

Once the parties have decided to use the mediation process, they simply choose a family mediator, contact the family mediator’s office for information and to set an appointment to begin the process. Mediation can take place at the mediator’s office or at any other place that will provide a comfortable and confidential environment for the parties to communicate.

At any time prior to the mediation, the parties may provide information to the mediator regarding the parties and issues. This information can be provided in any form, from a simple letter to longer documents. Even if no information is provided, the mediation can take place since each party will be able to make a presentation of their side at the start of mediation.

Usually at the start of the mediation, the parties and the mediator meet in the same room. The mediator goes through a brief introduction of him or herself, the mediation process, including the confidential aspects of the mediation, and some ground rules to ensure an orderly and courteous session.

In some instances, however, depending on the relationship of the parties at that point or by request of the parties, the mediator may suggest separate introductions. (Relationships in which domestic violence has occurred or there is an injunction, the process will be different, and is not treated here).

In addition, even when the parties’ relationship may allow for an entire joint mediation, they may prefer separate meetings with the mediator at some point. A separate meeting of the mediator and one party is known as a caucus. The duration of a caucus is dictated by the negotiations between the parties. But, regardless of how long the mediator spends meeting with one or the other party in caucus, the mediator remains neutral and a long caucus does not mean that the mediator prefers one or the other; it’s just part of the mediation process generally. Communication between the mediator and one party while in caucus are also subject to confidentiality unless the party meeting with the mediator waives that confidentiality.

Mediation may consist of one session or multiple sessions, depending how complex are the issues between the parties, and the likelihood that further sessions will be productive and may lead to an agreement between the parties. The parties themselves are the ones who decide whether they will continue with additional sessions. When more than one session is necessary, the mediation is simply continued from one day to another date chosen by the parties with the mediator.

Mediation may end in an agreement or an impasse. If a divorce mediation agreement is reached, it is typically typed, reviewed and signed by the parties at the conclusion of the mediation session where the agreement is reached.

If the parties decide that no further negotiations will lead to a mediated divorce agreement, whether on all or some issues, then the mediator declares an impasse. In this instance, there is nothing else for the mediator to do, and the mediation is ended.

(c) Vivian Rodriguez



By: Vivian Rodriguez

About the Author:

For more information on mediation, visit http://www.peacefulfamilyoptions.info

Vivian C. Rodriguez is a national consultant on case strategy on litigation and alternative dispute resolutions for parties headed for divorce court to avoid expensive and emotionally frustrating divorces. In Florida she is a family trial attorney and certified family mediator.



mediation

How to Resolve Ebay Disputes

Dispute Resolutionon August 19th, 2009No Comments
eBay has quite an intricate and long-winded dispute resolution procedure. Below you can see what’s involved and how long it takes.

As an example, let’s go through what you would do if you paid for an item but didn’t receive it from the seller.

Before you open a dispute: Give the seller a chance to send the item before you get ahead of yourself and open a dispute. If you’re concerned about how long the item is taking to arrive, the first thing you should do is send a polite email to the seller saying that you haven’t received it and asking whether they have posted it. You should also check your own email address in eBay’s options, to make sure that the seller can reply to you. As a last resort before opening a dispute, you should try to call the seller on the number eBay has for them. You might have to pay long-distance charges for the call, but that’s better than dragging the auction through mediation for months.

Step 1 – You open an Item Not Received dispute: You can do this here: http://feedback.ebay.com/ws/eBayISAPI.dll?InrCreateDispute.

All you need to do is enter the item number and say that you did not receive the item.

Step 2 – eBay contacts the seller: eBay sends the seller an email that tells them that you’ve said you didn’t receive the item. Then can then choose to tell you one of three things: that your payment hasn’t cleared yet, that the item is in the post, or that they’ll give you your money back. The seller can also tell eBay that they would like to send you a message.

Step 3 – You talk to the seller: You try to work out what’s happened directly with the seller, sending messages back and forward. Hopefully they’ll agree to give you a refund for the sake of their feedback, or your item will turn up in the post during this time.

Step 4 – Closing the dispute: After 30 days (or 10 days if the seller didn’t respond), you have two options to close the dispute: either you were satisfied or you weren’t. If you weren’t satisfied, then you can claim under eBay’s purchase protection program for up to $200.

Independent Dispute Mediation.

If you don’t want to go through eBay’s own process, and especially if the auction was for a high-value item, then you can use a third-party mediator. eBay recommend SquareTrade, at www.squaretrade.com, who provide mediation to many websites where there are buyers and sellers. They will contact the seller on your behalf and then mediate as you negotiate what to do from there.

Sellers who are committed to going through SquareTrade’s mediation for any disputes can sign up to display the ‘SquareTrade seal’ on their auctions. This gives their buyers $250 fraud protection, and shows that their identity has been independently verified so they are who they say they are.

When your sellers aren’t in such good standing, though, you need to be careful to avoid being a victim of fraud. There are a few scams that you especially need to look out for.

Read More articles on Authority Guide



By: Sachin

About the Author:

Author is a webmaster for Authority Guide providing articles on Ebay, Increasing Sales from MySpace and Craigslist.



bookkeeping

Simple Technique for Approaching Conflict Resolution

Conflict Resolutionon August 18th, 2009No Comments
Conflicts are a normal part of life. We interact with so many different people in so many different situations that we’re bound to run into difficulties.

A conflict is a disagreement where those involved feel that they are somehow being threatened. It could be that they perceive a threat to their way of thinking, their interests, position, possessions – anything that they hold of value. Because of this, even though a conflict is a disagreement, it can be emotionally fueled.

The most effective conflict resolution is one in which you get what you want while helping the other party get what he wants. It sounds contradictory, but it’s really not.

When you negotiate to secure your wants and take into account the wants of your counterpart, he will be more likely to work with you and help you achieve your goals. At the same time, he’s less likely to feel defensive, aggressive or confrontational.

Effective conflict resolution requires good negotiating skills. Good negotiating skills require practice and thought. While there are many factors to consider when entering into a negotiation, let’s start by looking at four overarching elements of effective negotiation to resolve conflict:

1. Know what you want and/or need.

This may seem obvious, but sometimes we enter into a negotiation knowing sort of what we want, but not specifically.

The point of negotiating is to secure what it is that you want, or get as close to it as possible. When you know what that is, write it down and be clear. State why you want it. This is your starting point.

It’s also good to recognize what isn’t as important to you. There may be something that you’d be willing to give up as part of the negotiation. Create a priority scale that outlines the most important to least important needs so you know your “want parameters.”

2. Know what the other person wants and/or needs.

Like you, the person you’re negotiating with has their own wants. Discuss what they’re looking to accomplish from the negotiation and listen carefully.

3. Discuss and clarify.

Discuss which points you agree on and to what extent. Determine which goals, relative to the negotiation, that you both have in common.

Define and talk about all issues or concerns. It can be a daunting task to try to deal with all issues at once, so list all issues, prioritize them, and approach them one by one.

Through discussion, you’ll both have a better understanding of one another. This will help you create a mutually acceptable agreement.

4. Work together towards an agreement.

It’s important to work as a team to create an agreement because all parties need to have ownership of it and the responsibility for it. This kind of collaboration results in an agreement that responds to both parties’ wants and needs.

Take some time to consider what you can do for your counterpart to help him secure what he’s negotiating for. This doesn’t mean acquiescing what you want. Chances are, however, that if you’re willing to help your counterpart get what he wants, he’ll be more likely to help you get what you want.

Above all, make sure that the agreement is:

fair

realistic

doable

clear

understandable.

In addition, the agreement should:

outline roles and responsibilities with enough detail that everyone understands their part and can take action

have a timeline, if relevant.

While there are many other factors to establish an environment for effective negotiation, these four steps provide a solid foundation for good negotiation and conflict resolution.



By: Laurie Wilhelm

About the Author:

Laurie Wilhelm is the author of Express Yourself to Success. This website and eGuides are designed to help you achieve success faster by using strong verbal communications skills. Achieve your success by working with others through improved social and interpersonal skills, public speaking, networking, negotiation, and conflict resolution. Find out how you can boost your career by going to www.expressyourselftosuccess.com.



business planning

Divorce Mediation: How Grown-Ups Break Up

Divorce Mediationon August 8th, 2009No Comments
Divorce mediation, a calm, rational negotiation to iron out the terms of a marriage’s end, is becoming an increasingly popular alternative to acrimonious traditional divorce litigation.

In divorce mediation, a mediator aids in negotiation between a husband and wife by assisting with communication, acting as a buffer when tempers flare and providing information and strategies to help resolve differences. The benefits of this process are lower costs, less angst and an agreement the parties want to adhere to, rather than one they’re forced to adhere to.

It’s a fact that a traditional in-court divorce complete with feuding attorneys and out-of-court drama can hit an already suffering husband and wife a knockout blow square in the pocketbook. Typical divorce costs can run anywhere from two to ten times higher than the cost of a divorce mediation.

Many lawyers charge a retainer fee of between $2,500 and $5,000 for typical divorce cases, and also bill the client for any services in addition to the time covered by the retainer. And if the case goes back to court because of subsequent litigation, that’s even more money for the attorney. By using a divorce mediator, divorcing couples can substantially reduce this cost and avoid subsequent litigation by forging an agreement both parties can live with.

Mediation sessions can include the party’s attorneys or a neutral attorney or an attorney-mediator who can inform both parties of their legal rights, but does not provide advice to either, or can be conducted without attorneys. Divorce mediators may be attorneys who have experience in divorce cases.

Divorce mediations usually play out like this:

The first meeting: The couple and the mediator will identify what needs to be discussed and decide when to discuss it. They’ll also decide what information, such as tax and property records, needs to be gathered and shared.

After the first meeting, the divorce mediator leads the couple through issues in dispute and helps resolve them, suggesting compromises and strategies to avoid conflict. The mediator may also give advice how disagreements would play out in the court system if negotiations break down and an agreement cannot be reached.

Once the couple has reached an agreement on all issues in the divorce mediation, the mediator writes up an agreement for review by the parties and, if they have them, their attorneys.

Because of the collaborative and communicative nature of divorce mediations compare couples who have mediated their divorce with couples who go through an adversarial divorce, mediating couples are more likely to be satisfied with the process and the results, likely to take less time and spend less money, and are less likely to go back to court later to fight about something.

Divorce mediation keeps you and your spouse in control. That can help in recovering from the break and moving on and enjoying your life.



By: Elijah James

About the Author:

Elijah James has over ten years of experience in family law, and shares all his secrets on Divorce Mediation and Family”>http://www.webfamilylaw.com/family-law”>Family Law on his website www.webfamilylaw.com



business plans

Workplace Conflict Resolution

Dispute Resolutionon August 8th, 2009No Comments
One of the most important components of your career management is dealing with conflict. To be a successful manager, you need to be efficient in workplace conflict resolution.  Conflict in the workplace is a common and natural occurrence because of constant work pressure and the tight deadlines.

 

The conflict could be between office colleagues, regardless of their positions, or it could be with clients or customers. Whichever case it may be, workplace conflicts impact on productivity, effectiveness, efficiency, and overall atmosphere of the workplace. If the conflicts persist, they have the potential to damage working relationships, and can have a negative impact on the working environment.

 

Workplace conflicts can result from:

§          Misunderstanding & Miscommunication

§          Task disputes

§          Subtle discrimination

§          Cultural and religious clashes between the employees.

§          Workplace aggression

§          Workplace violence

§          Workplace gossip

§          Backstabbing coworkers

§          Poor professionalism

§          Office politics

 

The workplace environment should be positive, and help people to prosper.  This is the responsibility of the organization leaders, the managers, team leaders and others in the workplace. When you see conflicts, you may need to intervene, and resolve them.  You’ll therefore need good conflict resolution skills for workplace conflict resolution.

  

Conflict coaching is recommended and an organization’s leaders should take conflict resolution training programs. The conflict courses or the conflict training program teach safe and proven techniques that help in workplace conflict resolution.

 

Managing conflict is an art.  An employee’s self-esteem can be affected in a restrictive workplace if the conflicts are not handled properly.  To be effective at workplace conflict resolution, you should be an active listener, care about others, value other persons, have good communication skills, the right attitude and approach, and above all not be biased while resolving the conflict between the employees. You can learn about this (and much more) at the conflict resolution training.

 

If you are interested to know more about Workplace Conflict Resolution please search our site  (www.sfhgroup.com/) for more in-depth information and resources.



By: Radek Cecha

About the Author:

Radek Cecha is content writer for the sfhgroup.com; Visit the site (http://www.sfhgroup.com) for more information about Workplace Conflict Resolution



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