The Four Functions Of Dispute Resolution System
The question of dispute resolution has been examined by different scholars, most especially from those whose primary discipline is law, with various contributions made by them that have led to the understanding of the dispute resolution process.
In addition, the law provides the platform, on which most dispute resolution cases takes place, the most popular dispute resolution systems are ; negotiation, mediation, conciliation, ombudsman procedures, arbitration, and court procedures.
Dispute resolution is a term, that relates to a number of processes, that can be used to settle a dispute or claim between disputants. It may also be referred to as Alternative Dispute Resolution. Dispute resolution processes are substitutes to having a court entertain
…show more content…
FUNCTIONS AND ATTRIBUTES OF DISPUTE RESOLUTION SYSTEM
A very effective and efficient dispute system constitutes all of the following functions:
a) Expressing And Dealing With Feelings: One of the most effective attribute of a dispute resolution system is to aid parties deal with their feelings, so as to end up making responsible, and positive decisions, that will enable them deal with their problems and complaints.
b) Easy Communication: There should be the existence of an easy communication, free inflow of information, the absence of the hoarding of information relating to the dispute between disputants.
c) A Third Party Shuttle’s Diplomacy: In this case, the third party shuttles back and forth amongst the disputants to a dispute, so as to settle the dispute at hand. This process is sometimes referred to as conciliation or caucusing, This attribute may also include according advice to the parties relating to the consequences of failure to resolve the dispute informally, as well as recommending arbitration.
d) Mediation: This is one major attribute of a dispute resolution system, as the third party in a particular dispute brings the disputants together so as to resolve the matters at
…show more content…
2.1.2. INTERNATIONAL ENVIRONMENTAL DISPUTES
The diverse views of people over what constitutes positive policy for the environment gives rise to environmental disputes, for example neighboring residents who fear that a regional landfill will generate noise would resist, by way of declining the grant of license by the government for a new one.
As penned down by Bacow - Wheeler
Environmental conflicts has many sources, people often take opposing positions, because they have quiet different stakes in the outcome, for example, fishermen tend to oppose dams because there are harmful to fishing(…)[while] farmers support them if they will provide more water for agriculture, A simple assessment of the distributional consequences – who wins and who loses – can provide important insights into the politics of environmental controversies. (…) such an assessment can be a first step in creating solutions to environmental
Case 28.08 Continuum Of Options For Dispute Resolution
206 Words | 1 Pages28.08 Continuum of Options for Dispute Resolution What happens when there is a problem? School districts should develop local problem resolution procedures. Parents should be encouraged to present concerns with a district representative. The Department should maintain a system that provides accessibility for investigations of complaints.
Mapp V. Ohio Case
899 Words | 4 PagesIn the light of the sentiment presented above, this paper discusses the circumstances that led to the case being heard in court. It explores the events that took place at each level of the case, the issues addressed
John Proctor Conflicts
648 Words | 3 PagesThe conflict may also be resolved due to the interference of another
Explain What Would Happen If We Have Prevented The War Of 1812
477 Words | 2 PagesWhen two people are involved in a dispute the scope is way less then when two countries are disagreeing. A major necessity is that both parties have to be willing to sit down and want to talk things out. Some keys
Similarities Between Bill Mckibben And Jensen
1094 Words | 5 PagesBill McKibben and Derrick Jensen were born in 1960 in the U.S.A., and both have accomplished successful academic backgrounds. McKibben graduated from Harvard University in 1982, and Derrick Jensen graduated from the Colorado School of Mines with a degree in Mineral engineering in 1983. Both are environmental activists and have written many articles and books. Two of their articles “Waste Not, Want Not” by Bill McKibben and “Forget Shorter Showers” by Jensen are published in the Bedford Reader book (557-567). When we analyze these articles both authors agree on consumers contribution to environmental pollution, but they have different points of views concerning whether individuals or industrialists cause more environmental pollution.
The Constrained Court
429 Words | 2 PagesLastly, courts lack the resource to implement policies in line with their decisions. Thus, even when cases are won, “court decisions are often rendered useless” as litigants are left to the task of implementation (Rosenburg 21). Despite the Constrained Courts view that courts are insufficient in producing social change, “it does not deny the possibility” (Rosenburg 21). When the right factors are in place and certain conditions in favor of the case’s outcome, courts can be a powerful institution in promoting justice (Hall 2).
Webb Vs Edwards Case Study
978 Words | 4 PagesThe two parties have full control of the proceedings and are responsible for the preparation of their case and the presentation, this allows the parties to feel satisfied
The 9/11 Recession
1350 Words | 6 Pages" Environmental Quality Management, vol. 11, no. 3, Spring 2002, pp. 79-84. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&db=8gh&AN=6536798. Accessed 26 Mar. 2017. Brooks, Charles.
Pros And Cons Of The Dual Court System
666 Words | 3 PagesThis example shows that a dual court system affords individuals a check and balance system to ensure that their rights are
Pollution Persuasive Speech
857 Words | 4 PagesPollution may be a threat, but it can be solved in our
Polluter Dilemma Case Study
927 Words | 4 PagesA Case Study on Polluter’s Dilemma I. Background/Point of View On a small plastic manufacturing, Jonica Gunson works as an environmental compliance manager. The company where she is working with is now facing a serious situation that needs to have a fast and decisive decision, decision whether to invest or not to invest money on new technology that will help decrease or as possible eliminate the level of toxic in the water which is flowing from the back of the factory up to lake. Though the company is compliant with the levels of emissions set by the Environmental Management board, the manager sees that environmental procedures for this specific toxic are sheathing behind logical evidence, particularly that there is a protest from a certain scientist that is publish in the newspaper.
Characteristics Of The Tragedy Of Commons
1250 Words | 5 PagesEver since Garrett Hardin’s publishing of the Tragedy of Commons in 1968, it has been used extensively to understand environmental problems. The tragedy of the commons can be defined as when individuals acting in rational self interest seek to maximize the benefit of Earth’s resources as fast as they can and in doing so, lack an incentive to conserve and regulate these resources (Olive, 2016). This concept can be seen in the 2014 film Damnation by Travis Rummel and Ben Knight. Below, it is shown how the dams in the movie exemplify key characteristics of a commons, why problems of the dams are hard to overcome and how these problems can be solved. By examining the dams shown in the film, it is evident that the problem of the dams is an accurate example of the tragedy of the commons.
Barriers Of Effective Communication In The Workplace
1154 Words | 5 PagesI. Introduction: The communication is a process which allows people to express their thoughts, feeling and ideas, it occurs between two or more people and it 's an effective way to show our needs, demands, and requests. The communication can consist on various modes like speech, visuals, sign, written forms, behaviour or even cartoons & flyers. Communication is basically divided into three steps, starting with the Arrangement of message and ideas in mind of sender and then Packaging or Encoding the same message or idea and delivering it to the receiver through a particular channel the receiver will then decode and interpret the message and send a feedback to the sender.
Importance Of Food Security Essay
924 Words | 4 PagesAnd one of the old solutions for this concern is to increase number of cultivation lands and exploit new fish stocks. But the competition for land from other human activities makes this an increasingly unlikely and costly solution .for example food producers are experiencing grater rivalry for land, water energy and the need to curb the many negative effects of food production on the environment becoming increasingly clear (Tilman et al. ,2001;
Advantages And Disadvantages Of Environmental Impact Assessment
1120 Words | 5 PagesEnvironmental impact assessment is referred to as a policy and management tool for both planning and decision-making (Glasson et al, 2005). This essay will be divided into four sections. The first section
More about The Four Functions Of Dispute Resolution System
Case 28.08 Continuum Of Options For Dispute Resolution
206 Words | 1 PagesMapp V. Ohio Case
899 Words | 4 PagesJohn Proctor Conflicts
648 Words | 3 PagesExplain What Would Happen If We Have Prevented The War Of 1812
477 Words | 2 PagesSimilarities Between Bill Mckibben And Jensen
1094 Words | 5 PagesThe Constrained Court
429 Words | 2 PagesWebb Vs Edwards Case Study
978 Words | 4 PagesThe 9/11 Recession
1350 Words | 6 PagesPros And Cons Of The Dual Court System
666 Words | 3 PagesPollution Persuasive Speech
857 Words | 4 PagesPolluter Dilemma Case Study
927 Words | 4 PagesCharacteristics Of The Tragedy Of Commons
1250 Words | 5 PagesBarriers Of Effective Communication In The Workplace
1154 Words | 5 PagesImportance Of Food Security Essay
924 Words | 4 PagesAdvantages And Disadvantages Of Environmental Impact Assessment
1120 Words | 5 Pages