Rather, the judicial system contemplated by the Code of Ethics is intended to complement and supplement the judicial resources of the state and provide an alternative
means of dispute resolution that is cheaper, swifter, and as fair, or, perhaps, even fairer.
In those cases in which mediation, collaborative divorce, or other alternative
means of dispute resolution are not viable alternatives, spouses will litigate their divorce in the traditional manner.
Mediation may not be an appropriate
means of dispute resolution if there is an imbalance of negotiating power between the parties, where there are psychological issues with one or both parties, subtle intimidation by one against the other, where there has been as history of domestic abuse, or other issues.
All employment litigation, including Employment Tribunals, civil court proceedings as well as alternative
means of dispute resolution such as mediation.
He was involved in the law centre movement and especially concerned with issues of access to advice and to the courts, and extra judicial
means of dispute resolution by means of negotiation and mediation.
Used in the right circumstances, and with proper safeguards, it can be a useful
means of dispute resolution.
As part of the increasing drive towards alternative
means of dispute resolution (ADR), the Civil Justice Council's ADR Working Group has published an interim report on the current and future role of various forms of ADR in civil disputes [1].
Such a restrictive interpretation would appear to mean that the EU itself would either not be able to enter into enforceable international agreements of any kind, or only recognise amicable or coercive
means of dispute settlement.
Mediation does have much value as a flexible
means of dispute resolution, allowing parties to reach mutually acceptable decisions in a voluntary and consensual manner and in a confidential setting.
There is in principle therefore good reason why the courts should now recognise that the undoubted public interest in facilitating the process of mediation as a desirable and often preferable
means of dispute resolution, by comparison with the full panoply of a trial, justifies the identification of a narrow form of mediator secret privilege of the type described above.
Arbitration Increasingly Popular As
Means Of Dispute Resolution In Technology Transactions
Experience at the Department, in other Federal agencies, and in the private sector shows that alternative
means of dispute resolution can achieve mutually acceptable solutions more effectively than traditional, non-collaborative processes.
Where appropriate and to the extent authorized by law, the use of alternative
means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, factfinding, minitrials, and arbitration, is encouraged to resolve disputes arising under this Act.
The Act defines alternative
means of dispute resolution as «any procedure that is used to resolve issues in controversy * * *» It defines «issue in controversy» as «an issue which is material to a decision concerning an administrative program of an agency, and with which there is disagreement * * *» The Act requires that each Federal agency adopt a policy that addresses the use of ADR and appoint a Dispute Resolution Specialist.
This policy statement is issued pursuant to the Administrative Dispute Resolution Act of 1996, 5 U.S.C. 571 - 583, which authorizes and encourages Federal agencies to use consensual
means of dispute resolution as alternatives to traditional dispute resolution processes.
I am currently reviewing my credit report, as
a means of disputing any inaccuracies found on the report.
Signature Realty, Inc. v. Tallman (303 A.D. 2d 925)-- if there is any doubt or uncertainty as to
the meaning of the disputed language in a brokerage agreement, all ambiguity must be resolved against the broker who prepared it; brokerage agreement was, as a matter of law, ambiguous with respect to the issue of whether broker would earn commissions when tenant exercised an option to renew the lease and therefore broker is not entitled to commissions on rental payments during any renewal term of the lease; broker not entitled to restitution in quasi-contract because there exists a valid and enforceable written contract governing the particular subject matter in dispute; dissenting opinion finds that the brokerage agreement is clear with respect to commissions earned and payable and that tenant was obligated to pay a commission to broker at the time the rental payment was due and owing to landlord, including during renewal terms of the lease.
Not exact matches
But just because conflict is inevitable when colleagues
of diverse backgrounds and temperaments are thrown together in a high stress work environment, doesn't
mean disputes can't be dealt with constructively and in a way that reinforces rather than erodes morale at your company.
Central to this are two paragraphs in Article 9
of Japan's constitution that renounce war as a
means of settling international
disputes, and forbids Japan from having war potential.
The quest for reunification is
disputed by some North Korean experts who see Kim's nuclear program as primarily a
means of retaining power and don't think he would threaten or forcibly try to take over South Korea.
Hong Kong's trade minister has vowed that the city will continue to be a free and open place to do business, though he said this did not
mean it would serve the interests
of the US, which is inching closer to an all - out trade
dispute with China.
«The basic elements are 1) the market is in a rising trend, defined as the NYSE Composite being above its 10 - week average, 2) both daily new highs and new lows exceed 2.2 %
of issues traded, and 3) the McClellan Oscillator is negative —
meaning that market breadth as measured by advances and declines is relatively weak (there's some
dispute, which I will not join, as to whether the Oscillator has to be negative that day or turn negative later).
This
means editors argue about the neutrality
of the article and Wiki's
dispute resolution services come into play.
There have alowyas ben secrtarian
disputes, from the Council
of Nicea, to Martin Luther, to the Jesuits, and Janseiis, Calvinism, I
mean one thing that we should be able to agree on is that noone has ever agreed on what the Bible
means.
This is to say that the core
meaning of the word is necessarily under
dispute - alternative visions
of evangelicalism fill the word with such different content that its use in other contexts is confusing without consideration
of that transformation
of meaning.
As James expected the camping party to get back to the useful business
of chopping firewood and cooking supper once he had «assuaged the
dispute» by his pragmatic observations, so the application
of process thinking in reference to the canonical wars now ravaging American higher education should be the
means by which faculty might be led back from endless idle arguments to their real and proper work
of designing good courses and teaching them well.
In his scrupulous hands, the
disputing voices
of the Talmudic house
of study, however cacophonous to the untrained ear, revealed their multiple strands
of meaning and invited his students to become participants in this dialogue
of the generations.
Rose may be happy to see her values
of right and wrong imposed on society at present but what will it
mean when she herself is deemed at some time to be wrong on a socially
disputed issue?
(I believe the OT verses do as well, but there has been some
dispute as to their
meaning) Finally Luke said the story
of Sodom isn't about homosexuality.
A perusal
of the Church
of the Brethren Web pages provides clear evidence that a commitment to pacifism is not limited to denominational headquarters: the 48 churches
of the Northern Indiana District Conference have joined to urge «the use
of nonviolent approaches and interventions» in response to the terror; the Elizabethtown, Pennsylvania, Church
of the Brethren has adopted a statement in which they «remain committed to walk in the Jesus way
of nonviolent love, in which evil can only be overcome with redemptive acts
of love»; a group
of Brethren Volunteer Service Workers have issued a statement in which they «advocate the use
of nonviolent
means to settle
disputes» and «stand opposed to the increased drive toward militarization»; on October 7 members
of local Brethren churches (along with Mennonites and others) organized a peace rally at the state capitol in Harrisburg, «Sowing Seeds
of Peace: Prayers and Petitions for Nonviolent Action,» which attracted over 300 people.
Generally defined as «dominating, restraining, or controlling another forcibly,» coercion involves interference with freedom, where «interference»
means that the freedom in question is lessened in comparison with what it would have been had the interfering individual or group not acted at all, and this broad designation leaves open to
dispute what kinds
of interference are immoral.
The
meaning of these distinctions for my present
dispute with Professor Cobb is simply this: the concept
of regions as potentialities that can not, qua potentialities, be said to originate with the becoming
of occasions logically presupposes as its necessary condition the concept
of regions as actualities, regions which, qua actualities, do originate with the becoming
of occasions.
Does the fact that the humaneness
of bonded child labor, often tied to the caste system, is
disputed within India
mean that «no unifying demands» should be placed on that country to halt the practice, or that India should not pass laws on the subject (as it has) until its citizenry is
of a common moral mind?
These events reflect the shape and complexity
of what is fast becoming a source
of bitter
dispute and misunderstanding among Indians, spiritual seekers and their often well -
meaning but uninformed allies and supporters.
There is in the social sciences a rather well - established tradition that
disputes the idea — as a theoretical proposition —
of some intrinsic requirement for an all - embracing conception
of meaning.
The
meaning of this last word is much
disputed, and amongst those suggested are that Mark was literally an interpreter who translated Peter's Aramaic into Greek, that Mark was Peter's «dragoman» (cf. Acts 13:5), and that Mark «interpreted» Peter's teaching by handing it on and explaining it (Papias speaks
of himself as handing on what he had learnt from the elders «with my interpretations»).
Although the
meaning of the text is
disputed, Ecclesiastes 12:11 provides collateral suport for the pastoral emphasis
of Ecclesiastes.
If they
mean only that evolution
of a sort has been known to occur, and that natural selection has observable effects upon the distribution
of characteristics in a population, then there really is nothing to
dispute.
The origins
of the image are
disputed, but whatever its origins, depictions
of the lactating Virgin acquired new
meaning and new urgency in mid-14th-century Tuscany.
We tend to view law not as aimed at creating individual or common good but as a
means of mediating
dispute and keeping civil peace.
The
meaning of this passage has been a matter
of dispute among New Testament experts, although it is quite obvious that if it does nothing more it asserts that the Apostle believed that there was some connection between the fact
of death and the reality
of human sin.
The reason it is so often a matter
of dispute is that people differ in what they
mean when they use the word, and since deep emotions are tied in with the conviction that the Bible is inspired, to doubt the kind
of inspiration one believes in is apt to seem like rejecting the Bible outright or making it no different from any other book.
It is well - known that in scholastic philosophy the precise
meaning of the concept
of concursus (as physical and immediate) is
disputed.
First,
disputes with Protestants, who accepted Scriptural authority alone and rejected allegorical interpretations,
meant that the literal sense
of the Bible was fundamental and almost exclusive.
The section on just war theory closed with a warm affirmation
of the value
of a pacifist witness within the Catholic Church, claiming that it shares with just war theory «a common presumption against the use
of force as a
means of settling
disputes.»
According to Otto's interpretation
of a
disputed text, as Enoch wonders what this absence
means, God says to him: «Thou art the Son
of Man.»
That the
disputes of the sixteenth century are not addressed directly does not
mean that they are ignored in the Catechism.
As women gained equal rights and were able to enter parliaments and decision - making bodies in equal numbers with men, their influence would be able to sway societies away from war and toward nonviolent political
means of solving
disputes.
As I hope is evident, none
of the above
meant to reduce or
dispute the cultural significance, much less the real orientation towards peace
of «A Common Word».
What needs to be done for any
disputed passage
of importance is to try to find its perennial
meaning — that is to say, its existential
meaning as it bears on the conditions
of human existence and our lives today.