The primary purpose of granting interim relief is the preservation of property in dispute till legal rights and conflicting claims of the parties before the court are adjudicated. In other words, the object of making an order regarding interim relief is to evolve a workable formula to the extent called for by the demands of the situation, keeping in mind the pros and cons of the matter and striking a delicate balance between two conflicting interests, i.e., injury and prejudice, likely to be caused to the plaintiff if the relief is refused; and injury and prejudice likely to be caused to the defendant if the relief is granted. The court in the exercise of sound judicial discretion can grant or refuse to grant interim relief. The underlying
Given the great number and variety of arbitral institutions, it is necessary to analyze the provisions contained in their rules, the manner in which arbitrators are selected and costs. In order to avoid confusion in the identification of the institution or misinterpretations concerning the scope of the agreement, it is recommendable to adopt the model clauses commonly used by the institution. In ad hoc arbitration, it is essential that the arbitration agreement contain the manner in which arbitrators are to be appointed. One possible –and advisable– way is to designate in the agreement an appointing authority to prevent the arbitration from being delayed or frustrated by the lack of cooperation of one of the parties to designate the arbitrators. In institutional arbitration, even though the rules contain provisions on this issue, the parties are generally authorized to agree on a different manner of appointing arbitrators.
The legal time frames about the consultation to be followed which depends upon the number of people proposed for redundancy. In any case, it is important to explain why an individual has been selected and why redundancy option is chosen. Stage 4: Notice of Redundancy and Appeals. In this step, employees considered for redundancy are informed via written notice and allow them the right of appeal against their
Casey Brennan 07/03/16 Arbitration v. Litigation What is litigation? What is arbitration? Before we can discuss the pros and cons for either side, you must first understand what each is. Arbitration is the settling of disputes between two parties by an impartial third party, whose decision both parties agree to accept. Litigation on the other hand is the “ultimate legal method of settling controversies or disputes between and among persons, organizations, and the State”.
Counter-Position to my argument The question at hand is whether judges can exercise discretion when deciding cases. Different theories arrive at different conclusions. Legal positivists, such as H. L. A. Hart, claim that in difficult cases judges do exercise discretion. An alternative theory of law offered by Ronald Dworkin contains some aspects of positivism. Dworkin believes that judges do not have discretion.
Following data analysis, the researcher could restate their research question, thereafter present findings and conclusions. A sound methodology requires not only a summary of the findings, but acknowledgement of any weaknesses in the study. According to Yin (2003b) to achieve construct validity, the case study researcher will make use of multiple sources, internal validity; use logic models and do explanation building and for external validity, the use of theory. He adds that reliability will depend on the ability to develop a database. The reliability can be tested by finding out such things about the said
The purpose of this essay is to investigate and analyse the mediation process in some conflict. Find the weaknesses and strengths of the mediator as well as provide the solution and explain particular ways how the conflict can be solved properly. Thus, the situation which we will analyse in this essay is conflict between colleagues in the office. In addition, I would like to explain what is mediation and what is the role of mediator. Mediation is a method which people use in order to resolve the conflict between two or more parties.
Since one of the most vital and problematic aspects of project management is getting assurances, the first step is to describe the planning procedure and the project plan to all important investors. It is crucial for them to understand the significance of this set of documents and to be accustomed with its content, since they will be asked to review and support the documents that affect them. Components of the Project Plan Include: Baselines are occasionally called performance measures, because the performance of the whole project is measured against them. They are the project 's three accepted starting points. They are used to determine whether or not the project is on track, during the implementation of the project.
Management must implement specific procedures for resolution while maintaining optimal working relationships. These procedures allow employees to voice their concerns and have the issues resolved internally. Conflict management also helps employers document the circumstances surrounding a particular incident and how the matter was resolved. This will assist employers if a similar situation arises. Set up a three-step disciplinary process if an employee has unacceptable behavior or attitude, that includes formal notices such as: verbal warning, first report in writing, and second/final report in writing.
A real DM must currently be in the process of making a decision to their problem. This requirement ensures that the information accessed from the DM accurately represents the criteria affecting the DM’s decisions and that the weight and scores given by the DM represent his/her current situation and preferences. The DM must be accessible by the DA during the process as the formation of the criteria tree requires an on-going interaction between the DA and the DM, in forming, refining and weighing the tree. The DA through his dominant position is able to ‘pounce’ on the DM in order to obtain elaborations and elucidations so as to explore all possibilities for criteria and their clusters. Differentiable The information accessed enables the DA to evince a provisional criteria tree by differentiating the constructs into clusters.