Compilation of Sample Mediation Clauses
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Alternative Dispute Resolution (Adr) Information Package
Superior Court of California, County of Los Angeles ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION PACKAGE THE PLAINTIFF MUST SERVE THIS ADR INFORMATION PACKAGE ON EACH PARTY WITH THE COMPLAINT. CROSS-COMPLAINANTS must serve this ADR Information Package on any new parties named to the action with the cross-complaint. What is ADR? ADR helps people find solutions to their legal disputes without going to trial. The main types of ADR are negotiation, mediation, arbitration, and settlement conferences. When ADR is done by phone, videoconference or computer, it may be called Online Dispute Resolution (ODR). These alternatives to litigation and trial are described below. Advantages of ADR • Saves Time: ADR is faster than going to trial. • Saves Money: Parties can save on court costs, attorney’s fees, and witness fees. • Keeps Control (with the parties): Parties choose their ADR process and provider for voluntary ADR. • Reduces Stress/Protects Privacy: ADR is done outside the courtroom, in private offices, by phone or online. Disadvantages of ADR • Costs: If the parties do not resolve their dispute, they may have to pay for ADR, litigation, and trial. • No Public Trial: ADR does not provide a public trial or a decision by a judge or jury. Main Types of ADR 1. Negotiation: Parties often talk with each other in person, or by phone or online about resolving their case with a settlement agreement instead of a trial. If the parties have lawyers, they will negotiate for their clients. 2. Mediation: In mediation, a neutral mediator listens to each person’s concerns, helps them evaluate the strengths and weaknesses of their case, and works with them to try to create a settlement agreement that is acceptable to all. -
75% Online Dispute Resolution
Online Dispute Resolution What Can It Do For Your Court? Court ODR is a public facing digital space that allows litigants to resolve disputes by managing a case from start to finish without 75% requiring a user to step foot inside a courtroom. of civil cases Imagine what it would mean to the In Short, ODR May: efficiency of your court system if the small claims docket were reduced by a • Save you time have at least third. • Allow you to revise existing court processes one side with ODR is an opportunity to rethink existing • Result in fewer people coming to court processes – to streamline, improve, court 1 and make more efficient the way litigants no lawyer. interact with your court. Done well, this What Makes It Work? may save you staff time and expense and may reduce litigant confusion. • ODR happens from a computer or Customer Service mobile device. It allows for Over 80% of voters want Studies have shown that litigants are asynchronous communication, more online access to local willing and able to solve their problems meaning that people can access courts. online. Legal information in ODR systems ODR at any time, including doesn’t cross the line into advice and outside of court hours. there can be privacy and security • ODR provides legal information Efficiency & Fairness safeguards built into the system. and triage using right-sized, Available online 24/7. plain-language legal information, Reduced procedural errors. Pilot projects around the country have without giving advice. seen preliminary results that indicate it • ODR allows for negotiation of may be possible to achieve fewer default terms, which can be utilized by Reduce Costs judgments, greater defendant court sanctioned No need for lawyers and engagement, reduced clerk time, and yes, mediators/facilitators. -
Court Annexed Mediation Rules for Civil Litigation
COURT ANNEXED MEDIATION RULES FOR CIVIL LITIGATION I. Policy. II. Cases Appropriate for Referral to Mediation. III. Referral of Civil Cases. IV. Authority to Settle. V. Mediation. VI. Sanctions. VII. Confidentiality of Communications in Mediation. VIII. Effect of Written Settlement Agreement. IX. Cost of Mediation. X. Administration Functions Concerning Mediation. XI. Effective Date of Plan. XII. Termination of Existing Pilot Mediation Program. XIII. Suspension and Termination of the Plan. XIV. Reporting Requirements. XV. Standards of Conduct for Mediators. COURT ANNEXED MEDIATION RULES FOR CIVIL LITIGATION These rules shall govern the referral of cases by the Circuit, Chancery and County courts of this state to mediation. I. POLICY It shall be the policy of the courts of the State of Mississippi (1) to encourage the peaceable resolution of disputes and early settlement of pending litigation by voluntary action of the parties, and (2) to identify cases appropriate for referral to mediation pursuant to the guidelines set out in these rules. II. CASES APPROPRIATE FOR REFERRAL TO MEDIATION All Civil cases shall be considered appropriate for referral to mediation in the discretion of the court, giving consideration to such facts as the subject matter of the case, the amount in controversy, the complexity of the case, the number of parties, the interest of the parties in pursuing mediation, the availability of mediation, and the likelihood of settlement by mediation. III. REFERRAL OF CIVIL CASES Civil Cases may be referred to mediation in the following manner: A. Any circuit, chancery and county court in this state may, either on its own motion or on the motion of any party, determine that a case is appropriate for mediation. -
Mediation in Business-Related Human Rights Disputes: Objections, Opportunities and Challenges
Mediation in Business-Related Human Rights Disputes: Objections, Opportunities and Challenges Caroline Rees Harvard Kennedy School February 2010 ⎪ Working Paper No. 56 A Working Paper of the: Corporate Social Responsibility Initiative A Cooperative Project among: The Mossavar-Rahmani Center for Business and Government The Center for Public Leadership The Hauser Center for Nonprofit Organizations The Joan Shorenstein Center on the Press, Politics and Public Policy 1 Citation This paper may be cited as: Rees, Caroline. 2010. “Mediation in Business-Related Human Rights Disputes: Objections, Opportunities and Challenges” Corporate Social Responsibility Initiative Working Paper No. 56. Cambridge, MA: John F. Kennedy School of Government, Harvard University. Comments may be directed to the author, [email protected]. Corporate Social Responsibility Initiative The Corporate Social Responsibility Initiative at the Harvard Kennedy School of Government is a multi-disciplinary and multi-stakeholder program that seeks to study and enhance the public contributions of private enterprise. It explores the intersection of corporate responsibility, corporate governance and strategy, public policy, and the media. It bridges theory and practice, builds leadership skills, and supports constructive dialogue and collaboration among different sectors. It was founded in 2004 with the support of Walter H. Shorenstein, Chevron Corporation, The Coca-Cola Company, and General Motors. The views expressed in this paper are those of the author and do not imply endorsement by the Corporate Social Responsibility Initiative, the John F. Kennedy School of Government, or Harvard University. For Further Information Further information on the Corporate Social Responsibility Initiative can be obtained from the Program Coordinator, Corporate Social Responsibility Initiative, Harvard Kennedy School, 79 JFK Street, Mailbox 82, Cambridge, MA 02138, telephone (617) 495-1446, telefax (617) 496-5821, email [email protected]. -
Dispute System Design and Bias in Dispute Resolution Lisa Blomgren Amsler Indiana University School of Public and Environmental Affairs, [email protected]
CORE Metadata, citation and similar papers at core.ac.uk Provided by Southern Methodist University SMU Law Review Volume 70 Article 7 Issue 4 ADR Symposium Part 2 of 2 2017 Dispute System Design and Bias in Dispute Resolution Lisa Blomgren Amsler Indiana University School of Public and Environmental Affairs, [email protected] Alexander B. Avtgis [email protected] Michael Scott aJ ckman Indiana University, [email protected] Follow this and additional works at: https://scholar.smu.edu/smulr Part of the Dispute Resolution and Arbitration Commons Recommended Citation Lisa Blomgren Amsler, et al., Dispute System Design and Bias in Dispute Resolution, 70 SMU L. Rev. 913 (2017) https://scholar.smu.edu/smulr/vol70/iss4/7 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. DISPUTE SYSTEM DESIGN AND BIAS IN DISPUTE RESOLUTION Lisa Blomgren Amsler, Alexander B. Avtgis, and M. Scott Jackman* ABSTRACT This article examines the role of mediator race and gender in perceptions of procedural justice as measure of accountability and representative bu- reaucracy in a national mediation program for complaints of employment discrimination at a large federal organization, the United States Postal Ser- vice. Mediation represents a forum of accountability in which employees may hold an employer accountable for violating federal law prohibiting forms of employment discrimination, in this case, race discrimination, sex discrimination, and sexual harassment. Representative bureaucracy theory suggests passive or symbolic representation when the demographics of public officials should mirror those of the public they serve. -
Online Dispute Resolution Pilot Program Report
Online Dispute Resolution Pilot Program Report Recommendations from the Online Dispute Resolution Workgroup of the Commission on Trial Court Performance and Accountability and the Committee on Alternative Dispute Resolution Rules and Policy January 2021 Online Dispute Resolution Workgroup Members The Honorable William F. Stone, Circuit Judge, First Judicial Circuit, Chair Mr. Matthew Benefiel, Trial Court Administrator, Ninth Judicial Circuit The Honorable Gina Beovides, Circuit Judge, Eleventh Judicial Circuit Ms. Heather Blanton, Human Resources Manager, Twelfth Judicial Circuit Mr. Eric Dunlap, Florida Supreme Court Certified Mediator The Honorable Stephen Everett, Circuit Judge, Second Judicial Circuit Dr. Oscar Franco, Florida Supreme Court Certified Mediator Mr. W. Jay Hunston, Florida Supreme Court Certified Mediator Ms. Jeanne Potthoff, ADR Director, Seventeenth Judicial Circuit The Honorable William Roby, Circuit Judge, Nineteenth Judicial Circuit Mr. Christopher Shulman, Florida Supreme Court Certified Mediator Staff Support Provided by the Office of the State Courts Administrator Lindsay Hafford, Senior Court Operations Consultant Judith Ivester, Court Operations Consultant Kimberly Kosch, Senior Court Operations Consultant Victor McKay, Court Operations Consultant Susan Marvin, Chief of Alternative Dispute Resolution Hengel Reina, Senior Court Analyst II Page 2 Table of Contents Executive Summary ........................................................................................................................ 4 Introduction -
Using Islamic Law for Alternative Dispute Resolution: Is Sharia Sufficient?1, 2
PM World Journal Using Islamic Law for Alternative Dispute Resolution: Vol. VII, Issue XII – December 2018 Is Sharia Sufficient? www.pmworldjournal.net Student Paper by Abdul Wahid Using Islamic Law for Alternative Dispute Resolution: Is Sharia Sufficient?1, 2 Abdul Wahid ABSTRACT The importance of adequate mitigation of disputes between two opposing parties is hugely important in any circumstance, and in particular in business. With more than 1.6 billion followers and a steep history, the Islamic faith has a long-held tradition of resolving disputes without formal court proceedings. The goal of this paper was to explore whether or not the principles of Dispute Resolution advocated by Islam was sufficient when comparing to those found in Western Law. Comparing the Islamic principles and processes of Dispute Resolution against a baseline from English Common Law, and using a MADM Dominance Analysis, the two legal systems were judged on how they suggest disputes can and should be resolved. It was found that Sharia Law is more than adequate in its instructions on how to resolve a number of disputes. It was clear that Sharia law is not at odds with Western legal principles but can be modernized to further improve. Keywords: Disputes, Dispute Resolution Methods, Sharia, Alternative Dispute Resolution, Mediation & Arbitration Guidelines, Resolution Benefits INTRODUCTION The nature of all businesses is the desire to build capital & gain prosperity, and therefore any such obstacle to achieving this is strongly undesirable. It can be suggested that the key to attaining this success lies in the smooth relationships between all parties. Nonetheless, within any realm of life, especially within the business world, disputes and claims arise, and inevitably 1 Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs. -
Alternative Dispute Resolution in Islam: an Analysis
Summer Issue 2017 ILI Law Review Vol. I ALTERNATIVE DISPUTE RESOLUTION IN ISLAM: AN ANALYSIS Dr. Vandana Singh* “O you who believe! Stand out firmly for Allah as witnesses to fair dealings and let not the hatred of others to you make you swerve to wrong and depart from justice. Be just, that is next to piety. Fear Allah, indeed Allah is well acquainted with all that you do.” Quran: Chapter 5 Verse 8 Abstract The purpose of this paper is to look at methods of dispute resolution in Islam which is nearly two thousand years old. It is commonly believed that the Alternative Dispute Resolution has emerged and originated from the west from past few decades. On the contrary, it is claimed by many Islamic Jurist that the ADR processes like Negotiation, Mediation, Med-Arb, and Arbitration are practiced in Islam from 1400 years and are mentioned in holy Quran. The present paper is an attempt to analyze practice and concept of Alternative Dispute Resolution from an Islamic theological perspective. In light of the clear foundation for these guiding principles to govern Islamic dispute resolution, this chapter will outline the foundations for Alternative Dispute Resolution in Islam and assess the theory and practice of sullh and taken in contemporary times. I Introduction ……………………………….................... 137-138 II Historical Background of ADR in Islam ...................... 138-142 III Process of ADR in Islam ……………………………… 142-146 I Introduction AS THE world is getting smaller due to continuous exchange of information and knowledge and boundaries between cultures, religion and civilisationsare gradually gettingcollapsed, the study of cross-cultural and multi-religious practice is of profound need. -
Negotiation and Mediation Techniques for Natural Resource Management
Negotiation and mediation techniques for natural resource management CASE STUDIES AND LESSONS LEARNED Negotiation and mediation techniques for natural resource management CASE STUDIES AND LESSONS LEARNED Edited by Alfonso Peter Castro and Antonia Engel Prepared in the framework of the Livelihood Support Programme (LSP) An interdepartmental programme for improving support for enhancing livelihoods of the rural poor FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS ROME, JANUARY 2007 The designations employed and the presentation of material in this information product do not imply the expression of any opinion whatsoever on the part of the Food and Agriculture Organization of the United Nations concerning the legal or development status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. All rights reserved. Reproduction and dissemination of material in this information product for educational or other non-commercial purposes are authorized without any prior written permission from the copyright holders provided the source is fully acknowledged. Reproduction of material in this information product for resale or other commercial purposes is prohibited without written permission of the copyright holders. Applications for such permission should be addressed to the Chief, Electronic Publishing Policy and Support Branch, Communication Division, FAO, Viale delle Terme di Caracalla, 00153 Rome, Italy or by e-mail to [email protected] © FAO 2007 Foreword and Acknowledgements This publication is part of a series of training materials on natural resources conflict management devel- oped by FAO’s Livelihood Support Programme. It supports the discussions presented in Negotiation and mediation techniques for natural resource management (2005) – a conceptual guide – by sharing recent, real-life experiences of Africans who have used the processes and principles of consensual negotiation and mediation to address natural resource conflicts. -
Santa Clara County Superior Court Alternative Dispute Resolution Information Sheet
SANTA CLARA COUNTY SUPERIOR COURT ALTERNATIVE DISPUTE RESOLUTION INFORMATION SHEET Many cases can be resolved to the satisfaction of all parties without the necessity of traditional litigation, which can be expensive, time consuming, and stressful. The Court finds that it is in the best interests of the parties that they participate in alternatives to traditional litigation, including arbitration, mediation, neutral evaluation, special masters and referees, and settlement conferences. Therefore, all matters shall be referred to an appropriate form of Alternative Dispute Resolution (ADR) before they are set for trial, unless there is good cause to dispense with the ADR requirement. What is ADR? ADR is the general term for a wide variety of dispute resolution processes that are alternatives to litigation. Types of ADR processes include mediation, arbitration, neutral evaluation, special masters and referees, and settlement conferences, among others forms. What are the advantages of choosing ADR instead of litigation? ADR can have a number of advantages over litigation: • ADR can save time. A dispute can be resolved in a matter of months, or even weeks, while litigation can take years. • ADR can save money. Attorney’s fees, court costs, and expert fees can be reduced or avoided altogether. • ADR provides more participation. Parties have more opportunities with ADR to express their interests and concerns, instead of focusing exclusively on legal rights. • ADR provides more control and flexibility. Parties can choose the ADR process that is most likely to bring a satisfactory resolution to their dispute. • ADR can reduce stress. ADR encourages cooperation and communication, while discouraging the adversarial atmosphere of litigation. -
Managing Shariah Non-Compliance Risk Via Islamic Dispute Resolution
Journal of Risk and Financial Management Article Managing Shariah Non-Compliance Risk via Islamic Dispute Resolution Maria Bhatti Faculty of Law, Western Sydney University, Parramatta, NSW 2150, Australia; [email protected] Received: 14 September 2019; Accepted: 12 December 2019; Published: 18 December 2019 Abstract: This article discusses Shariah non-compliance risk as a form of operational risk intending to ensure that operations in the Islamic and banking finance industry comply with Shariah procedures. In the field of Islamic finance, Shariah non-compliance risk refers to the possibility that Islamic finance transactions may be challenged based on Shariah non-compliance. This article uses a comparative and normative approach as well as a legal analysis of the case of Beximco. The article proposes the management of Shariah non-compliance risk by augmenting the effectiveness of Shariah governance systems with Islamic banking and finance arbitration; arbitration should be an enforced part of Islamic finance institutional arrangements—as it always has been classically—to provide flexibility for dispute resolution. To this end, the article examines contemporary implementations of Shariah arbitration rules to assess how Shariah non-compliance risk can be better managed via Islamic dispute resolution procedures. Keywords: Shariah non-compliance risk; Islamic dispute resolution; i-arbitration rules; Shariah governance 1. Introduction Managing Shariah non-compliance risk is vital to the establishment of an effective Shariah governance system. This article discusses Shariah non-compliance risk, namely the possibility that Islamic finance transactions can be challenged if they do not comply with Shariah. Due to the limited literature on the analysis of Shariah non-compliance risk using contemporary operational risk frameworks, this paper attempts to fill this gap by intending to ensure that operations in the Islamic banking and finance industry comply with fully regulated Shariah compliance processes. -
AGREEMENT to MEDIATE IMPORTANT NOTICE: Pursuant to Federal Law 34 C.F.R
District Of Columbia Office of the State Superintendent of Education Office of Dispute Resolution 810 First Street, NE, 2nd Floor, Washington, DC 20002 (202) 698-3819 • www.osse.dc.gov AGREEMENT TO MEDIATE IMPORTANT NOTICE: Pursuant to Federal law 34 C.F.R. §300.506(b)(1)(i), and 34 C.F.R. §303.431(b)(1)(i) the mediation process is to be voluntary on the part of the parties. If any party does not agree to participate in Mediation, the request for mediation will be closed and no Mediation will be held. Since Mediation is voluntary for the parties, if at any point during the Mediation proceedings, a party deter- mines that they no longer desire to participate in Mediation that party may immediately notify the Mediator and the Mediation proceedings will end. ABOUT THE AGREEMENT TO MEDIATE 1. The parties consent to have the appointed individual act as a Mediator in this matter. 2. The Mediator shall act as an advocate for resolution, and shall use his or her best efforts to assist the parties in reaching a mutually acceptable agreement. 3. The parties understand that the Mediator is not an employee of OSSE, DCPS, or any District of Colum- bia public charter school. The Mediator is acting in a neutral capacity and is not acting as an attorney for any party to the Mediation. Further, the Mediator is not providing legal advice, nor is the Mediator a judge or a hearing officer. 4. The parties agree to have present or available for immediate contact by phone or other electronic com- munication, persons with adequate settlement authority to resolve the dispute among the parties.