Rinaker Vs. Superior Court Case

The mediation method enlists a neutral third party called a mediator to assist the disputing parties to reach a settlement. Unlike an arbitrator, however, a mediator does not make a decision or an award. The parties in the case of AMF v. Brunswick also could have used this option. However, since mediators cannot decide a dispute, it is more beneficial to use

This type of mediation may be quite similar to mediation that occurs in the civil context such as personal injury or family cases. Prior to commencing mediation, counsel should ensure that the client is prepared to engage in a give and take, mediation requires the agreement from the opposing side thus neither party is going to leave without some concession. Further, the general public has more exposure to the adversarial approach of courtrooms, as such they will need to be prepared for the relaxed and collaborative approach of mediation.

Mediators are neutral and harbor no invested interest in the conflict or with any of the parties involved. The recommendations made by the mediator is not binding unless all parties agree to the settlement. Going into mediation allows the people engaged in an on-going conflict to reach a mutual agreement, settling their differences instead of participating in lengthy and expensive court proceedings.

Mediation “provides a personalized approach to dispute resolution in which spouses have an opportunity to learn about each other’s needs” (Folberg, Milne, and Salem, pg. 8). It is a process in which the “participants formulate their own agreements and emotionally invest in its success” (Folberg, Milne, and Salem, pg. 8).

The other fact is that the two $1,000 checks returned unpaid when Century West submitted them to the bank on November 9, 2012. Century West had already asked the payment to Nichols, but only got $500. In March 2013 Century West filed a small-claims lawsuit against Nichols pursued the remaining $1,500 and finally, it was paid.

These clips have even gone as far as to include a briefing before the court session, the day before a verdict is made disclosed and twenty-four hours before what are considered important hearings (MacFarlane, 2009, p. 17). While the Supreme Court must remain transparent there is a line where they must often respect those being put on trial as not to allow the media into the courtroom itself. In this case, there would be too many of their resources being funnelled into maintaining the privacy of those involved (MacFarlane, 2009, p. 14). Within reason, the documents that the Court decides to make unavailable to the public are withheld due to individual privacy in mind and are made available and therefore limiting the public’s right of availability of information with the Charter rights they serve to protect, privacy. The judges must feel that they have reached the decision without the fear of pressure coming from outside of the court room hence a allowing their ow

Few other note worthy information; all conversations during this session will abide to the standard of confidentiality, is admissible, not subject to the judiciary system, will stay in the session and all notes must be destroyed, except, the signed agreement. According to the Judiciary Law, no confidentiality applies regarding an alleged child abuse.

On September 21st, 2015 at approximately 10:00 AM, I, Investigator James Poffel was assigned a case in reference to a child abuse report. The reporting party was Dan Hall, Muskogee Public School’s Police Chief. The victim is twelve (12) years old, Rackell Holmes. Officer Ken Hughey was the initial responding officer and was dispatched to the 7th and 8th Grade Center in reference to initiating the police report.

Mediation is a very popular and cost-effective option increasingly used as an alternative to extensive and costly litigation. A mediator is a neutral third party that has no gain on the results of the agreed commitments of conflicts. Mediators are used to facilitate the conversation and/or negotiation conflicts between parties by motivating them to work out their differences in an organized matter, (Janasz, et al., 2009). It is important to highlight that mediators leave the creation of the solution principally to the disagreeing

At the beginning of class Mitchell outlined the steps to mediation by first starting off with two scenarios. One scenario was two friends were at odds because one person had left the other’s birthday party early without saying goodbye. This hurt the birthday girl deeply and a conflict ensued. The participating mediator provided a neutral attitude while facilitating the conflict. Mitchell said the mediator did a great job of keeping himself out of the conflict, not siding with anyone, and rephrasing and reframing the problem which made the parties feel heard and understood.

Mediation is the process in which a neutral party assists in negotiation between parties to reach an agreement or resolve. Mediators3 bring both parties together helping them to discover the content issues instead of positions, and help develop ideas so that the interests of both parties are met (Burgess, Burgess, 1998). Unlike adjudication and arbitration, a mediator is not to render any decision, instead their role is to facilitate communication between the conflict parties (Wilmot, Hocker, 2007). Also, unlike adjudication and arbitration, mediation is a collaborative effort in conflict. Initially communication is between the parties and the mediator,

Where in the process Evaluative mediation is used, the initial mediator will learn all of the facts of the case which has been brought forward. After reviewing the case, the mediator will then express their views on the overall merits as they can see them. Conciliation may initially be a form of evaluative mediation, for example if the conciliator does not reach a settlement acting in facilitative mode, then a recommendation evaluating how, with their views the overall matter should be resolved. Advantages and disadvantages of mediation are as follows;

Sylvia’s story was tape-recorded (Id.). This tape recording was used in court because she was barred from testifying in court through use of a marital privilege law (Id.). The State claimed that this tape-recorded statement was admissible because the marital privilege law did not cover statements made by a spouse out-of-court and, “… the State invoked the hearsay exception for statements against penal interest, Wash. Rule Evid. 804(b)(3) (2003)” (Id. at 40). The defense objected to the use of this evidence in court because it violated his Sixth Amendment right “to be confronted with the witnesses against him” (Id. at 40).

This paper will cover the difference in the negotiation process and the mediation process and explore some of the barriers that hinder the processes. There is a distinct difference between the negotiation process and the mediation process. Negotiation as defined in Essentials of Negotiation is a process by which two or more parties attempt to resolve their opposing interests (Lewicki, Saunders, and Barry, ) The Negotiation process happens when individuals disagree about a situation and there’s no mutual solution that can be attain by the two parties. The disagreement leads to a conflict which involves misinterpretation, miscommunication and hurt feelings. Because the parties cannot reach a mutual agreement on how to resolve their

There is a palpable tension between the courts’ desire to exert control over the parties’ conduct in mediation and the need for parties to exercise the fullest level of autonomy within mediation. It has been astutely highlighted that ‘the higher the level of participation required, the greater the coercion by forcing a party to present its case in a manner not of its choosing.’ In other words, excessive control by the courts should be avoided, since it will compromise the parties’ right of self-determination. While it may be argued that lenient standards would not penalize parties who are blatantly uncooperative during the mediation, it is equally, if not more, important, that the parties should be free to conduct themselves as they see fit during the mediation.