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Family Mediation In Germany
In Germany, family law was one of the first areas to establish the thought of mediation, and still is the main field of application of mediation. Conflicts in Family Law are characterized by a high rate of personal conflicts. A possible definition of conflict might be: ''Conflict means … the perceived differences of interests or the conviction that the actual aspirations of the parties can no be received at the same time.'' Basis for personal disputes is the fact that conflicting parties don't come to their own in their personal relationships. After various intents of solving the problems on their own or setting an end to the dispute, the last chance is to get help by a third person. Some hope for an improvement of their marriage by marriage counseling, but in most cases without success. Others try to solve their conflicts by law and hand in a lawsuit. After reviewing this lawsuit, the judge can suggest to consult a mediator, if reasonable. There are various constellations of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hand
A hand is a prehensile, multi-fingered appendage located at the end of the forearm or forelimb of primates such as humans, chimpanzees, monkeys, and lemurs. A few other vertebrates such as the koala (which has two opposable thumbs on each "hand" and fingerprints extremely similar to human fingerprints) are often described as having "hands" instead of paws on their front limbs. The raccoon is usually described as having "hands" though opposable thumbs are lacking. Some evolutionary anatomists use the term ''hand'' to refer to the appendage of digits on the forelimb more generally—for example, in the context of whether the three digits of the bird hand involved the same homologous loss of two digits as in the dinosaur hand. The human hand usually has five digits: four fingers plus one thumb; these are often referred to collectively as five fingers, however, whereby the thumb is included as one of the fingers. It has 27 bones, not including the sesamoid bone, the number o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Neutrality (philosophy)
Neutrality is the tendency not to ''side'' in a conflict (physical or ideological), which may not suggest neutral parties do not have a side or are not a side themselves. In colloquial use ''neutral'' can be synonymous with ''unbiased''. However, bias is a favoritism for some side, distinct of the tendency to act on that favoritism. Neutrality is distinct (though not exclusive) from apathy, ignorance, indifference, doublethink, equality, agreement, and objectivity. Apathy and indifference each imply a level of carelessness about a subject, though a person exhibiting neutrality may feel bias on a subject but choose not to act on it. A neutral person can also be well-informed on a subject and therefore need not be ignorant. Since they can be biased, a neutral person need not feature doublethink (i.e. accepting both sides as correct), equality (i.e. viewing both sides as equal), or agreement (a form of group decision-making; here it would require negotiating a solution on everyone's ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mediation
Mediation is a structured, interactive process where an impartial third party neutral assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that she/he manages the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"), while refraining from providing prescriptive advice to the parties (e.g., "You should do..."). Mediation, as used in law, is a form of alternative dispute resolution resolving disputes between two o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fraud
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compensation) or criminal law (e.g., a fraud perpetrator may be prosecuted and imprisoned by governmental authorities), or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. The purpose of fraud may be monetary gain or other benefits, for example by obtaining a passport, travel document, or driver's license, or mortgage fraud, where the perpetrator may attempt to qualify for a mortgage by way of false statements. Internal fraud, also known as "insider fraud", is fraud committed or attempted by someone within an organisation such as an employee. A hoax is a distinct concept that involves deliberate deception without the intention of gain or of materially damaging or depriving a vi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Delegation
Delegation is the assignment of authority to another person (normally from a manager to a subordinate) to carry out specific activities. It is the process of distributing and entrusting work to another person,Schermerhorn, J., Davidson, P., Poole, D., Woods, P., Simon, A., & McBarron, E. (2017). ''Management'' (6th ed., pp. 282–286). Brisbane: John Wiley & Sons Australia. and therefore one of the core concepts of management leadership. The process involves managers deciding which work they should do themselves and which work should be delegated to others for completion. From a managerial standpoint, delegation involves shifting project responsibility to team members, giving them the opportunity to finalize the work product effectively, with minimal intervention. The opposite of effective delegation is micromanagement, where a manager provides too much input, direction, and review of delegated work. Delegation empowers a subordinate to make decisions. It is a shifting of decision- ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Notarized
A notary is a person authorised to perform acts in legal affairs, in particular witnessing signatures on documents. The form that the notarial profession takes varies with local legal systems. A notary, while a legal professional, is distinct from an advocate in that they do not represent the person who engages their services, or act in contentious matters. The Worshipful Company of Scriveners use an old English term for a notary, and are an association of notaries practising in central London since 1373. Overview Documents are notarized to deter fraud and to ensure they are properly executed. An impartial witness (the notary) identifies signers to screen out impostors and to make sure they have entered into agreements knowingly and willingly. Loan documents including deeds, affidavits, contracts, and powers of attorney are very common documents needing notarization. Code of Hammurabi Law 122 (c. 1755–1750 BCE) stipulated that a depositor of gold, silver, or other ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Binding Agreement
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the minds be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brainstorming
Brainstorming is a group creativity technique by which efforts are made to find a conclusion for a specific problem by gathering a list of ideas spontaneously contributed by its members. In other words, brainstorming is a situation where a group of people meet to generate new ideas and solutions around a specific domain of interest by removing inhibitions. People are able to think more freely and they suggest as many spontaneous new ideas as possible. All the ideas are noted down without criticism and after the brainstorming session the ideas are evaluated. The term was popularized by Alex Faickney Osborn in the classic work ''Applied Imagination'' (1953). History In 1939, advertising executive Alex F. Osborn began developing methods for creative problem-solving. He was frustrated by employees' inability to develop creative ideas individually for ad campaigns. In response, he began hosting group-thinking sessions and discovered a significant improvement in the quality and quan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conflict Management
Conflict management is the process of limiting the negative aspects of conflict while increasing the positive aspects of conflict. The aim of conflict management is to enhance learning and group outcomes, including effectiveness or performance in an organizational setting. Properly managed conflict can improve group outcomes. Conflict resolution Conflict resolution involves the process of the reducing, eliminating, or terminating of all forms and types of conflict. Five styles for conflict management, as identified by Thomas and Kilmann, are: competing, compromising, collaborating, avoiding, and accommodating. Businesses can benefit from appropriate types and levels of conflict. That is the aim of conflict management, and not the aim of conflict rejection. Conflict management does not imply conflict resolution. Conflict management minimizes the negative outcomes of conflict and promotes the positive outcomes of conflict with the goal of improving learning in an organization.Rah ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Malpractice
In the law of torts, malpractice, also known as professional negligence, is an "instance of negligence or incompetence on the part of a professional".Malpractice definition, Professionals who may become the subject of malpractice actions include: * medical professionals: a medical malpractice claim may be brought against a doctor or other healthcare provider who fails to exercise the degree of care and skill that a similarly situated professional of the same medical specialty would provide under the circumstances. * lawyers: a legal malpractice claim may be brought against a lawyer who fails to render services with the level of skill, care and diligence that a reasonable lawyer would apply under similar circumstances. * financial professionals: professionals such as accountants, financial planners and stockbrokers, may be subject to claims for professional negligence based upon their failure to meet professional standards when providing services to their clients. * architec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Impartiality
Impartiality (also called evenhandedness or fair-mindedness) is a principle of justice holding that decisions should be based on objective criteria, rather than on the basis of bias, prejudice, or preferring the benefit to one person over another for improper reasons. Legal concept European Union law refers in the Charter of Fundamental Rights of the European Union to: * A right to good administration: :''Every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions, bodies, offices and agencies of the Union'' (Article 41) * A right to an effective remedy and to a fair trial: :''Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law'' (Article 47).European Parliament, Council and CommissionCharter of Fundamental Rights of the European Union 26 October 2012 Religious concepts Buddhism Impartiality is one of the seven fact ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Litigation
- A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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