Litigation, Alternative Dispute Resolution And Criminal Laws

Litigation, Alternative Dispute Resolution and Criminal Laws [Case Study: Adele, Roberts and ABC and XYZ] Name of Student:†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. University of the People 04/10/2017 For each of the following scenarios, state whether you believe litigation, ADR, or criminal prosecution is the appropriate response and explain your answer, citing information from the textbook as support for your positions. Introduction In business, disputes that occur between businesses (business to business dispute), employer and employee (business to employee) and business and customers (business to consumers) are inevitable and there are laws that are put in place to ensure that disputes are settled and ethical behaviors are promoted within and outside the†¦show more content†¦68-69) Arbitration is the highest level of ADR where parties vest power in third-party lawmakers to decide a conflict. Arbitration method may be legal binding or non-legal binding, compulsory or free and it is commonly used among businesses and their consumers. The arbitrators, who may be a member of a judiciary listens to the evidences and issues an arbitration awards. (Lau Johnson, 2011, p. 70-74) In addition to the above alternative dispute resolution methods, there is also a higher court of law that handles cases that the ADR cannot handle, which is called litigation. Litigation is a case, filed in the court of law by a plaintiff demanding an equitable remedy. The parties involved in litigation are called litigants such as plaintiff (the victim), counter-plaintiff (initial defendant who is raising a claim against the plaintiff), defendant (the perpetrator), counter-defendant (initial plaintiff who is been sued in return by the defendant), joinder (merging of parties under litigation), et al. It is very expensive to charge people, businesses to court, but litigation is unavoidable in business. In litigation, litigants are relied upon to present and defend their claims. Also, parties are to hire attorneys who are also referred to as members of the bar to file their cases, except in some of the small courts and those who think hiring an attorney is a waste of money. The member of bar’s first duty is to administer justice and it is also theirShow MoreRelatedLitigation vs. ADR1100 Words   |  4 PagesLitigation v. ADR There are many legal systems and measures that are available to people when they run into problems. These alternatives generally accelerate the resolution of disputes without the need for initiating or continuing the formal and costly process of litigation. These alternatives are generally referred to as that of alternative dispute resolution (ADR) (Sherman, 2012). Alternative Dispute Resolution (ADR) comprises the resolution of a matter by a method other than traditional litigationRead MoreArgument Resolution : Alternative Dispute Resolution1205 Words   |  5 PagesDefined Alternative Dispute Resolution, commonly abbreviated ADR, is a method organizations and individuals use to resolve dispute without resorting to litigation. ADR methods help disputing parties to negotiate and come to an agreement or compromise without incurring the extra time, effort and fees required by courts and attorneys. Courts may review and ADR decision; however, if the final contract is sound, rarely will a court overturn a decision reached through alternative dispute resolution. DependingRead MoreThe Out Of Class Writing Assignment991 Words   |  4 Pagestraditional litigation methods have not been wholly successful in California? According to the article, traditional litigation methods have not been wholly successful in California for several reasons. One reason would be because the state government has lost the right of its executive branch to control a significant portion of the prison system. Therefore, they are unable to fully implement sentences imposed on convicted criminals by state courts. Due to massive shifts in sentencing laws, CaliforniaRead MoreLitigation, Adr And / Or Criminal Prosecution1577 Words   |  7 PagesIn various situations, litigation, ADR and/or criminal prosecution should be explored. In this writing, we will address three situations and which process would be best suited to address them and why. As out class text has demonstrated (Lau Johnson, 2011), there are many options we can explore to resolve both civil and criminal disputes that arise within the business world. Ahead of approaching the situations presented in the assignment, let’s talk a little bit about the basic optionsRead MoreDifference Between Civil Law And Criminal Procedure700 Words   |  3 Pages 1. The difference between civil procedure and criminal procedure is that in a criminal procedure the rules that apply in a criminal case and determine how a criminal case proceeds through the legal system. They are based on federal and state constitutions, codes, rules of court, and cases. Whereas, with a civil procedure the rules that apply in a civil case determine how a civil case proceeds through the legal system. Moreover, in federal courts many of the rules are found in the Federal Rules ofRead MoreNew Zealand s Mandatory Mediation1269 Words   |  6 PagesNew Zealand’s mandatory mediation scheme in Employment Law. In other nations, resolution rates are lower with mandatory mediation than voluntary mediation. However, within New Zealand, employment issues are more likely to be resolved by the parties themselves rather than with judicial intervention. This is partially reflected in the statistics, where of the 9,278 mediation services applications disposed of in 2002 t o 2003, only 1,155 disputes (12.4 per cent) were not settled by mediation. Thus,Read MoreThe Legal System and Adr Analysis706 Words   |  3 PagesThe Legal System and ADR Analysis Debra Doe-Gonzalez LAW 531 October 6, 2014 David Weischadle, II The Legal System and ADR Analysis The two major court systems in the United States are the federal and state court systems. They are each set up review different types of lawsuits (Cheeseman, 2013). This memo will review the levels of the state court system as well as the various methods of alternative dispute resolution. The case of AMF Incorporated v. Brunswick Corp will be reviewed inRead MoreLegislative Development Of Bangladesh For Alternative Dispute Resolution : Problems And Prospects Essay1382 Words   |  6 PagesLegislative Development in Bangladesh for Alternative Dispute Resolution: Problems and Prospects It is indeed a great honour for me to have been chosen the keynote speaker for this Seminar. I am deeply grateful to the Department of Law of Daffodil International University for giving me this opportunity to share my humble little knowledge on ADR with you. I will do my utmost to portray a clear picture of ADR as it stands today in Bangladesh and also the legislative developments on the subject. Read MoreQuestions On Alternative Dispute Resolution1630 Words   |  7 PagesFinal Report ‘Access to Justice’ the time-consuming and expensive litigation has slowly been replaced by the Alternative Dispute Resolution, which has developed and evolved as a significant method for resolving disputes. Alternative dispute resolution is a broad concept, covering the full range of alternative activities available for the most appropriate way of resolving civil problems from small claims to complex commercial disputes. To reach a settlement, an ADR process is using a range of optionsRead MoreAnalysis Of The Margolin s Lawsuit With The Rules Of Jurisdiction Essay1389 Words   |  6 Pagesthis case. The long arm principle will give the court authority to serve a defendant outside of its state (Kubasek, 2009). Another option to consider for settling this dispute is alternative dispute resolution. As explained by the author, â€Å"The term ADR refers to the resolution of legal disputes through methods other than litigation, such as negotiation, mediation, arbitration, summary jury trials, minitrials, neutral case evaluations, and private trials (Kubasek, pg.69, 2009). When considering ADR

The Psychology Of Shapes Logos And Advertisements

If you combine straight lines and colors such as blue and gray you may get a more cold and uninviting tone. It is best to combine straight lines with more vibrant and inviting colors. It has also been noticed that triangles can be related with other items such as religion, law, science, and power. Triangles can also be more portrayed as a masculine shape, leading to show up more in an advertisement with products that have a more masculine aspect to them. Subconsciously we also connect lines laid out in different ways with different emotions. For an example we portray vertical lines with more of a masculine, powerful, and aggressive feeling. Though horizontal lines can suggest more calm, unity, and or a tranquillity feeling. To get a†¦show more content†¦Not only can fonts affect emotional senses but they can even give a sense of flavor. Serif gives more of a plain taste like water, however Slab Serif can give off a more meaty taste due to its bulkiness. Round font is more portrayed as sweet like a round lollipop. Another example could be jagged font, jagged font gives off a more salty, sour flavor. By paying careful attention to the font a graphic designer can create so much more than an advertisement with pretty letters. They can create emotion, taste, and by using font that is commonly used between companies they can create trust. By constantly seeing the same font you become subconsciously more comfortable with the advertisements that use those fonts. If a graphic designer uses a font that uncommonly used they risk the chance of making the consumer feel more distant from their ad. However everyone perceives different fonts in their own way due to personal preferences and emotional attachment s, knowing this information designers use certain fonts based on their targeted consumers. Subliminal messages can be a useful tool to catch the audience’s attention. While there is a negative stigma surrounding subliminal messaging, it is commonly used in advertisements today. Subliminal messaging is the use of hidden or obscure images in audio in order to influence the consumer’s thoughts. Coca Cola uses subliminal advertising on their vending machines. On the top of the soda can a naked woman laying on her sideShow MoreRelatedEssay on Experiment and De100 Module Team1420 Words   |  6 Pagesï » ¿Tma05, Introduction to a de100 project on the likeness of a logo A fictitious educational experiment was created and conducted by a team on the DE100 module and therefore they had to maintain plan and undertake a project to pinpoint their potential findings; this therefore meant launching a logo for internet TV channel in order to address whether or not evaluative conditioning works in either experimental or control conditions. The logo was used to question if it would attract an audience and ifRead MoreCoca Cola Research Paper1398 Words   |  6 PagesGeneral Psychology 10143 Portfolio Assignment The government charged the Coca-Cola Company with marketing and selling a beverage that was injurious to health. They charged the company with producing a beverage that produced serious mental and motor deficits due to the use of synthetic caffeine. They also claimed that Coca-Cola was misbranded because its name implied that the product contained coca, yet it did not contain the whole coca leaf (because theRead MoreIntroduction. (Derived From June Campbell’S Research On1007 Words   |  5 PagesIntroduction (derived from June Campbell’s Research on Color Psychology) http://www.serialsjournals.com/serialjournalmanager/pdf/1435299483.pdf Colours and emotions Colours affect different people in different ways. 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According to Pamela Kufahl, this creates a branding identity (43). A logo is usually used on all pieces of marketing material, especially those of a company that focuses on their brand. William Ryan and Theodore Conover write, â€Å"Logotypes tie seamlessly to identi ty and branding† (393). In the case of Nike Inc., the â€Å"swoosh† can be identified in nations all across the world in any color. Pamela Kufahl states, â€Å"Logos are the utmost importance in maintaining a common look to your marketing pieces†Read MoreMarketing Strategy for Nokia India1732 Words   |  7 Pagesof media platforms, using radio, television and print advertising as well as using other promotional tools such as money off deals and free giveaways. The advertisements that Nokia comes up with are very successful in targeting the customers in a consumer market. The advertisements are made in such a way that it appeals to the psychology of the consumer. They also have various sale promotion schemes like offering discounts on special occasions and giving free gifts along with a purchase of a mobileRead MorePersuasion, The, And Free Choice Essay2147 Words   |  9 PagesKenneth E. Andersen (1971) defines persuasion as just a communication process in wh ich they (communicator) try to elicit the desired response. While Robert N. Bostrom (1983) defines persuasion as a communicative behavior in which their purpose is to shape attitudes and behaviors of the receivers of the persuasion tactic. Although both Andersen and Bostrom described persuasion as communicative processes, they both had different ideas as to what the outcome would be. A very different definition of persuasionRead MoreGraphic Description Of Graphic Design2003 Words   |  9 PagesToday, graphic design is used in marketing for many purposes including designing album covers, billboards, magazines, coupons, TV commercials, company brands and logos. Because of this, society has shifted into a digital age. Since the Stone Age, when cavemen ruled the land and animals were being domesticated, people communicated with shapes, symbols, and images. Cave walls were painted with pictures and scriptures in a language that cavemen once spoke. During the Middle Ages, Egyptians used hieroglyphicRead MoreEssay on Cacharel Case Study1925 Words   |  8 Pagesover time, while still keeping the brand identity (Kapferer, chapter 11). Thus, Loulou’s launching did not blur the image of Anais Anais in the customers’ minds. The visual appearance of Cacharel’s logo (shape, colour, graphic), the familiar young woman’s image on their products package, TV advertisement are the tangible components of brand identity. In summary, the Cacharel’s brand identity can be described as an image of a â€Å"young, tender, luxurious, romantic woman†. From this basic concept of brandRead MoreBrand Management Review on Disneyland1580 Words   |  7 Pagespositioning. 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Acting Fairly In A Diverse Workplace †Myassignmenthelp.Com

Question: Discuss About The Acting Fairly In A Diverse Workplace? Answer: Introduction The increasing rate of globalization has turned most of the global work places into a diverse one. No longer employees stay and work in the insular environment; rather now they are a part of a work environment where they have to compete within the international framework. Therefore the non-profit and profit organizations now required becoming more diversified in order to remain in the competition. Moreover the capitalizing and maximizing the diversity within the work place has become a major issue for the managements. Along with that acting fairly has also been a major challenge for the managers (Scott et al. 2014). Within this global environment, treating all the employees with adequate respect and dealing with them in an open and fairly manner have been two most basic requirements for the managers. This essay will trigger the issue of acting fairly and acting uniformly within the work place. Diverse workplace Diversity within the work place can be defined as understanding, accepting, understanding and valuing the distinct differences amongst the employees in respect to their race, age, ethnicity, class, disabilities, gender etc. Within the era of globalization, the organizations are required to embrace the diversity within the workplace and find the methods of becoming the organizational environments that are inclusive of such characteristics (Bhave and Glomb 2016). The diverse work places have more potential for yielding greater productivity in work and the competitive advantages. According to Sue, Rasheed and Rasheed (2015) the demographic changes has become more prevalent these days, therefore the organizations are required reviewing their management practices and developing more creative and new approaches for managing the employees. Outsourcing and downsizing has affected the environment of the work places, especially the human resource management, to a great extent. The work places practices have changed as well. On one hand, the diversity has been beneficial for both the managements and the employees, whereas on the other hand there are several challenges within the diverse work places. In the era, where creativity and flexibility are the two key components of facing competitiveness, diversity can be very much critical to the success of the organization (Kirton and Greene 2015). However, the consequences of having a diverse work place cannot also be overlooked. Managing diversity can be crucial for the work places as in include identifying the value of the distinctions, combating the discrimination and at the same time promoting the inclusiveness. In such situations, the managers required to act in a fair way for all the employees as well because negative behaviors and attitudes can act as huge barriers for the organizations and this may damage the work place morale, working relationships and the productivity as well. Acting uniformly and Acting fairly Within the workplace, the managers are required to act in a transparent and fair way. However, there are several organizations in the global framework which emphasizes on being uniform in the work place, rather than being fair within the work place. There are several managers who do not know the primary difference between acting fairly and acting uniformly within the work place. However, this distinction is very significant, especially within the diverse work place. In such work places, there are different kinds of employees, as there have been huge changes within the working arrangements. As stated by Spence Laschinger and Nosko (2015.), there has been a recent rise in the numbers of employees within the diverse work places who are working in an organization for atypical contract or part time basis. In most of the countries the availability of the part time or temporary workers has contributed to a huge extent to the flexibility of the labor market. Therefore, these workers have als o helped in keeping the unemployment rate a lot down within the global market. Therefore, more and more employers are getting attracted towards this flexible employment contracts. A recent research also indicates that mostly the women employees who are aged around 30 years are more interested in such employment (Dastmalchian, Blyton and Adamson 2014). However, for these employees, the management requires to act in a distinct way than they act for the permanent employees. In these situations, it is more important for them to act in a fair and transparent way that in a uniform way for all the employees. Moreover the employers and the managers also require becoming aware of the potential ethical risks in such treatments as the managers require utilizing the workers in a way which becomes mutually beneficial. In such situations, if the managers are seen to prefer the permanent workers than the part time or the atypical ones, it should not be considered as an unfair business. According to Schilpzand, De Pater and Erez (2016) there are few rules in being transparent and fair within the work place, such as, treating the employees in a transparent way and having no such favorite employees at all. However the managers should also remember that they are supposed to treat the people in a way that they are to be treated. There should not be any unfair advantages; however, there should not any kinds of uniform treatment for the employees who are not working the same hours for the organization. The managers are supposed to model the behaviors and the rules differently for two different kinds of workers within the global environment. As stated by Repa (2014) the rules can be changed in such situations as well. There can be two different kinds of rules for the permanent and temporary work force, yet the managers should ensure that both the workers are treated in a fair and transparent way that can be beneficial for both the employers and employee. Conclusion The diverse work force is mostly the reflection of the fast changing market place; therefore the teams working in such situations can also bring higher value to the organizations. Furthermore, the organization management and the managers should also ensure that the individuals are respected and their diversities are admired in distinct ways. The organizations should also learn adapting the diversities in a way that it treats all the employers fairly, if not uniformly Reference list Bhave, D.P. and Glomb, T.M., 2016. The role of occupational emotional labor requirements on the surface actingjob satisfaction relationship.Journal of Management,42(3), pp.722-741. Dastmalchian, A., Blyton, P. and Adamson, R., 2014.The Climate of Workplace Relations (Routledge Revivals). Routledge. Kirton, G. and Greene, A.M., 2015.The dynamics of managing diversity: A critical approach. Routledge. Repa, B.K., 2014.Your rights in the workplace. Nolo. Schilpzand, P., De Pater, I.E. and Erez, A., 2016. Workplace incivility: A review of the literature and agenda for future research.Journal of Organizational Behavior,37(S1). Scott, B.A., Garza, A.S., Conlon, D.E. and Kim, Y.J., 2014. Why do managers act fairly in the first place? A daily investigation of hot and cold motives and discretion.Academy of Management Journal,57(6), pp.1571-1591. Spence Laschinger, H.K. and Nosko, A., 2015. Exposure to workplace bullying and post?traumatic stress disorder symptomology: the role of protective psychological resources.Journal of nursing management,23(2), pp.252-262. Sue, D.W., Rasheed, M.N. and Rasheed, J.M., 2015.Multicultural social work practice: A competency-based approach to diversity and social justice. John Wiley Sons.