Mediation
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Mediation
Mediation is a structured, voluntary process for resolving disputes, facilitated by a neutral third party known as the mediator. It is a structured, interactive process where an independent third party, the mediator, assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to participate in the process actively. Mediation is "party-centered," focusing on the needs, interests, and concerns of the individuals involved, rather than imposing a solution from an external authority. 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. Mediation can take different forms, depending on the mediator's approach. In facilitative mediation, the mediator assists parties by fostering communication and helping them understand each other's viewpoints. In evaluative mediation, the mediator may a ...
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Thomas Trenczek
Thomas Trenczek (born 1960) is a German law professor and mediator. He studied both law (bar exams and Ph.D.), and social sciences (M.A.) in Tübingen (Germany), and Minneapolis (USA). He is owner of the ''Steinberg Institute for Mediation and Conflict Management'' (SIMK) Hannover and works as a mediation trainer. Trenczek has spent time in the US, Australia, and NZ, to study and train in mediation/alternative dispute resolution (ADR), and restorative justice. Beyond that, his interdisciplinary focus is on law and social control, criminology, as well as youth (protection, welfare, criminal) law. He is currently professor of law at the Ernst Abbe University in Jena, visiting scholar of Griffith University Griffith University is a public university, public research university in South East Queensland on the Eastern states of Australia, east coast of Australia. The university was founded in 1971, but was not officially opened until 1975. Griffith ... in Brisbane (Australia) La ...
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Singapore Mediation Convention
The Singapore Convention on Mediation, formally the United Nations Convention on International Settlement Agreements Resulting from Mediation is an Treaty, international agreement which provides a uniform and efficient framework for the recognition and enforcement of Mediation, mediated settlement agreements that resolve international, commercial disputes - akin to the framework that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 New York Convention provides for Arbitration award, arbitral awards. It was adopted on 20 December 2018 by the United Nations General Assembly, UN General Assembly and opened for signature on 7 August 2019. The Convention entered into force on 12 September 2020, that is, six months after the deposit of the third ratification instrument by Qatar, the first two being Singapore and Fiji. Background The impetus for the Singapore Convention on Mediation arose at the February 2014 public meeting of the U.S. State Department's ...
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Labor Dispute
A labor dispute is a disagreement between an employer and employees regarding the terms of employment. This could include disputes regarding conditions of employment, fringe benefits, hours of work, tenure, and wages to be negotiated during collective bargaining, or the implementation of already agreed upon terms. It could further concern the association or representation of those who negotiate or seek to negotiate the terms or conditions of employment. Prevention Preventing labor disputes involves coordinating actions at multiple levels, including: Publicity Through the multi-channel and multi-level promotion of policies and regulations to ensure that the employer knows the law, workers' rights activists should know how to deal with the social and cultural environment. Collective bargaining In countries such as the US, the workforce can form unions, strike and collectively bargain with employers. The workers have the right to speak up about employment conditions. ...
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Divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the Marriage, bonds of matrimony between a married couple under the rule of law of the particular country or state. It can be said to be a legal dissolution of a marriage by a court or other competent body. It is the legal process of ending a marriage. Divorce laws Divorce law by country, vary considerably around the world, but in most countries, divorce is a legal process that requires the sanction of a court or other authority, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. Divorce is different from annulm ...
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Dispute Resolution
Dispute resolution or dispute settlement is the process of resolving disputes between parties. The term ''dispute resolution'' is '' conflict resolution'' through legal means. Prominent venues for dispute settlement in international law include the International Court of Justice (formerly the Permanent Court of International Justice); the United Nations Human Rights Committee (which operates under the ICCPR) and European Court of Human Rights; the Panels and Appellate Body of the World Trade Organization; and the International Tribunal for the Law of the Sea. Half of all international agreements include a dispute settlement mechanism. States are also known to form their own arbitration tribunals to settle disputes. Prominent private international courts, which adjudicate disputes between commercial private entities, include the International Court of Arbitration (of the International Chamber of Commerce) and the London Court of International Arbitration. Methods Met ...
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Negotiation
Negotiation is a dialogue between two or more parties to resolve points of difference, gain an advantage for an individual or Collective bargaining, collective, or craft outcomes to satisfy various interests. The parties aspire to agree on matters of The Impact of Religion on International Negotiations, mutual interest. The agreement can be beneficial for all or some of the parties involved. The negotiators should establish their own needs and wants while also seeking to understand the wants and needs of others involved to increase their chances of closing deals, avoiding conflicts, forming relationships with other parties, or maximizing mutual gains. Distributive negotiations, or compromises, are conducted by putting forward a position and making concessions to achieve an agreement. The degree to which the negotiating parties Trust (social science), trust each other to implement the negotiated solution is a major factor in determining the success of a negotiation. People neg ...
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Grievance (labour)
A grievance is a formal complaint that is raised by an employee towards an employer within the workplace. There are many reasons as to why a grievance can be raised, and also many ways to go about dealing with such a scenario. Reasons for filing a grievance in the workplace can be as a result of, but not limited to, a breach of the terms and conditions of an employment contract, raises and promotions, or lack thereof, as well as harassment and employment discrimination. According to Sean C. Doyle, in his work titled, ''The Grievance Procedure: The Heart of the Collective Agreement'', the grievance process takes on certain secondary roles in countries such as Canada, United States and the United Kingdom that can include, but are not limited to, "a mechanism for the extension of the relationship between the parties, a union tactic to pressure management for strategic purposes, a diagnostic device to uncover underlying problems in the workplace, a mechanism for individual employees o ...
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Harassment
Harassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behavior that demeans, humiliates, and intimidates a person, and it is characteristically identified by its unlikelihood in terms of social and moral reasonableness. In the legal sense, these are behaviors that appear to be disturbing, upsetting, or threatening. Traditional forms evolve from discriminatory grounds, and have an effect of nullifying a person's rights or impairing a person from benefiting from their rights. When harassing behaviors become repetitive, it is defined as bullying. The continuity or repetitiveness and the aspect of distressing, alarming or threatening may distinguish it from insult. It also constitutes a tactic of coercive control, which may be deployed by an abuser in the context of domestic violence. Harassment is a specific form of discrimination, and occurs when a person is the victim of unwanted intimidating, offensive, or humiliating behavior. ...
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Discrimination
Discrimination is the process of making unfair or prejudicial distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong, such as race, gender, age, class, religion, or sexual orientation. Discrimination typically leads to groups being unfairly treated on the basis of perceived statuses based on ethnic, racial, gender or religious categories. It involves depriving members of one group of opportunities or privileges that are available to members of another group. Discriminatory traditions, policies, ideas, practices and laws exist in many countries and institutions in all parts of the world, including some, where such discrimination is generally decried. In some places, countervailing measures such as quotas have been used to redress the balance in favor of those who are believed to be current or past victims of discrimination. These attempts have often been met with controversy, and sometimes been called re ...
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Agent De Médiation Urbaine à Fort-de-France (Martinique)
Agent may refer to: Espionage, investigation, and law *, spies or intelligence officers * Law of agency, laws involving a person authorized to act on behalf of another ** Agent of record, a person with a contractual agreement with an insurance policy owner ** Election agent, a person responsible for the conduct of a political campaign ** Free agent, a sports player who is eligible to sign with any club or franchise ** Literary agent, an agent who represents writers and their written works ** Modeling agency, a person or a corporation which represents fashion models ** Press agent, a professional publicist ** Foreign agent, a person who carries out the interests of a foreign country ** Political agent (other) ** Patent attorney, an attorney who represents clients in patent matters ** Real estate agent, an intermediary between sellers and buyers of real estate ** Registered agent, in the US, receives service of process for a party in a legal action ** Shipping agent ...
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Wrongful Termination
In law, wrongful dismissal, also called wrongful termination or wrongful discharge, is a situation in which an employee's contract of employment has been termination of employment, terminated by the employer, where the termination breaches one or more terms of the contract of employment, or a statutory, statute provision or rule in employment law. Laws governing wrongful dismissal vary according to the terms of the employment contract, as well as under the laws and public policies of the jurisdiction. A related concept is constructive dismissal in which an employee feels no choice but to resign from employment for reasons that result from the employer's violation of the employee's legal rights. Forms of wrongful dismissal Being terminated for any of the items listed below may constitute wrongful termination: * Discrimination: The employer cannot terminate employment because the employee is a certain race, nationality, religion, sex, age, or (in some jurisdictions) sexual orient ...
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Medical Ethics
Medical ethics is an applied branch of ethics which analyzes the practice of clinical medicine and related scientific research. Medical ethics is based on a set of values that professionals can refer to in the case of any confusion or conflict. These values include the respect for autonomy, non-maleficence, beneficence, and justice. Such tenets may allow doctors, care providers, and families to create a treatment plan and work towards the same common goal. These four values are not ranked in order of importance or relevance and they all encompass values pertaining to medical ethics. However, a conflict may arise leading to the need for hierarchy in an ethical system, such that some moral elements overrule others with the purpose of applying the best moral judgement to a difficult medical situation. Medical ethics is particularly relevant in decisions regarding involuntary treatment and involuntary commitment. There are several codes of conduct. The Hippocratic Oath discusses ...
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