Dispute Resolution Processes Essay -- Legal Process

Introduction This paper will examine when it is appropriate to attempt alternative dispute resolution (ADR) processes for disputes and conversely when it is fitting for matters to be decided in a courtroom with black-robed judges and well dressed lawyers. Complementing the correct ‘intervention [courtroom, facilitative ADR or another form of ADR] at the right time, price and place with the right disputants’ is not necessarily an easy task (Wade 2010, p. 13) and the line separating alternative dispute resolution processes and judicial intervention can be blurred especially as judicial officers conduct, refer or mandate parties to participate in ADR (Sourdin, 2009, p. 190). Proof that fine panelled courtrooms may not be the answer to dispute settlement is the move towards the ‘mandatory’ use of alternative methods prior to hearings (Ardagh and Cumes, 2007, p. 206). Do most people with problems want pain relief quickly and inexpensively? Yes most people in pain want relief quickly and inexpensively but they often want other things too. They want to be heard, they want to heal the hurt and they want a ‘satisfactory [and]†¦ enduring’ outcome (Moore, 2004, p. 2). They also want to change from having ‘a destructive interaction to a constructive one’ (Ardagh, 1999, as cited by Spencer and Hardy, 2009, p. 165). There are differing views about the suitability of facilitative ADR approaches for various types of conflict. Some believe that this type of ADR is more appropriate for addressing ‘interest disputes than rights disputes’ (Boulle & Nesic, 2001 as cited by Van Gramberg, 2006, p. 121). Van Gramberg states that ‘personal grievances’ may be adequately resolved by facilitative processes but where a law or legal right has been b... ...negotiation or mediation; this case needs a judge: When is litigation the right solution? Mediation Quarterly, Vol. 18, Iss. 3, pp. 259-280. Retrieved 12 December 2010 http://works.bepress.com/john_wade/8/ Wade, J. (2009). Negotiating with Difficult People. Professor John Wade, Faculty of Law, Bond University, August. Retrieved 12 December 2010 from http://epublications.bond.edu.au/drcn/35/ Wade, J. (2010). Matching disputes and responses: How to diagnose causes of conflict, and to respond with appropriate interventions and/or referrals. Law papers. Paper 319. Retrieved 12 December 2010 from http://epublications.bond.edu.au/law_pubs/319 Wilkins, F. (2002, January 18). Disputed territory – mediation and other ADR processes. Lawyers Weekly, pp. 14, 15. Zehr, H. (1985). Retributive justice, restorative justice, (15 pages). US Office of Criminal Justice.

Statments of Problems and Primary Source Evidence

Following the Civil War white southeners restricted African Americans’ freedom: -Louisana Black Codes Reinstate Provision of The Slace Era, 1865, pg. 6 – Lucy McMillian, A Former Slave in South Carolina, Tesitifes About White Violence, 1871, pg. 13 During the late nineteenth century the American west expirnced significant conflict: -Katie Bighead (Cheyenne) Remebers Custer and the battle of Little Bighorn,1876, pg. 1 -Wyoming Gunfight: An Attack on Chinatown,1885, pg. 45 Supporters of imperialism claimed it was necessary that United States wield it’s influence abroad: -President William Mckinley Asks for War to liberate Cuba, 1898 pg. 107 -Governor Theodore Roosevelt Praises the Manly Virtues of Imperialism, 1899, pg. 108Critics of Imperialsim contened that American Foreigh policy undermined the nation’s abroad: -The American Anti-Imperialist League Denounces U. S. Policy, 1899, pg. 110 -Mark Twain Stirzes â€Å" The Battle Hymn of the Republic. † 1 900 pg. 111 During the late nineteenth century immigrants anticipated oppurtunities in the United States: -A Slovenian Boy Remebers Tales of the Golden Country,1909 pg. 81 -Chinese Immigrant Lee Chew Denounces Prejudice in America, 1882, pg. 72During the late nineteenth century immigrants faced harsh challenges in the United States: -Immigrant Thomas O’Donell Laments the worker’s Plight, 1883 pg. 74 -Immigrants Crowd together-By Choice, or Not? Pg. 77 As the United States expierenced rapid industrial growth, ordinary laborers endured exploitaive working conditions: -Immigrant Thomas O’Donell Laments the worker’s Plight, 1883 pg. 74 -Jurgis Rudkus Disovers Drink in The Jungle, 1905 pg. 79 All from the book â€Å"major problems†.

Egyptian Cuisine During The Arab Republic Of Egypt

†¢ The unique Egyptian cuisine has been influenced throughout history, particularly by its neighbors from the Middle East. Those contries that have influenced include Persians (modern-day Iraqis), Greeks, Romans (modern-day Italians), Arabs, and Ottomans (from modern-day Turkey) first influenced Egyptian cuisine thousands of years ago. More recently, the foods of other Arabic people in the Middle East such as the Lebanese, Palestinians, Syrians, as well as some foods from Europe, have affected the Egyptian diet. †¢ Rice and bread remain staple foods, and molokhiyya(a spinach-like vegetable) and ful mudammas (cooked, creamy fava beans), a national dish. †¢ The Arab Republic of Egypt is located in the northeastern region of the African continent, bordering both the Mediterranean and Red Seas. The climate is extremely dry and most of the country receives less than one inch of rainfall each year. The widespread lack of rainfall makes it extremely difficult to grow crops. Egypt has no forests and only 2 percent of the land is arable. †¢ The Nile River, the longest river in the world, runs north and south through eastern Egypt and empties into the Mediterranean Sea. Approximately 95 percent of the country s population lives alongside the Nile River. This is why the Egyptian cuisine is so high in fish. †¢ Egypt had one of the longest histories of any modern country, arising in the tenth millennium BC as one of the world’s first nation states. Ancient Egypt had some of the earliestShow MoreRelatedThe Egyptian Culture Of Egypt1316 Words   |  6 PagesEgyptian Culture Introduction: For the final paper assignment I chose to write about the Egyptian culture. The reason why I chose the Egyptian culture is because I have always been fascinated by it. My mother was a huge fan of this particular culture, so I grew up going to all the different museums. I am amazed by their pyramids, their history and how they were able to mummify their pharaohs. Geographical area: Egypt’s official name is â€Å"Arab Republic of Egypt†. The country is considered to beRead MoreEgypt And The Muslim Influence On Eating999 Words   |  4 Pages Egypt and the Muslim Influence on Eating Maquelin Santana Hudson County Community College  Abstract This paper explores the religion, history, and food culture of Egypt. It discusses the geographic setting and environment that affects the food availability and water supply for the Muslims. The distinct eating and dietary habits are explained and how they have evolved into modern society. Also, Egypt’s national food is listed along with the history behind it. Lastly, the paper exploresRead MoreCultural Profile4851 Words   |  20 PagesCountry Cultural Profile: Arab Republic of Egypt Abstract The purpose of this study is to determine the cultural structures, variables and behaviors of the society in the Arab Republic of Egypt located in Northern Africa, bordering the Mediterranean Sea, between Libya and the Gaza Strip, and the Red Sea north of Sudan, and include the Asian Sinai Peninsula. The development of this analysis is based on the understanding of the characteristics and variables of the Egyptian culture. Section 1 – PeopleRead MoreSneak Peak into the Egyptian Culture2802 Words   |  12 PagesEGYPTIAN CULTURE The Arab Republic of Egypt is located in the north-eastern corner of Africa and south-western Asia. It is bounded on the north by the Mediterranean Sea, on the east by Palestine and Israel, on the south by Sudan, and on the west by Libya. The capital of Egypt is Cairo. Population amounts to 76,117,421. The Egyptian community    The Egyptian community is one of the most deep-rooted communities all over the world; due to the fact that the ancient Egyptian practiced agriculture 5000Read MoreEgypt Cultural and Economic Analysis3973 Words   |  16 Pagessummary. WHAT PRODUCT WHY SUCCESSFUL The physical size of Egypt, the enormous size and density of its urban population, and the role played by foreign assistance in determining its policy agendas, all contribute to Major challenges in developing a coherent and effective environmental policy (Zetter and Hassan, 2002). Considering loyalty is one of the most important aspects in Egyptian life it is safe to say that once they accept the product they will become loyalRead MoreGp Essay Mainpoints24643 Words   |  99 Pagessecurity deserves neither and will lose both†. Censorship has been around for as long as humans had the ability to voice their opinion and his fellow man has deemed it appropriate to chastise this opinion. †¢ In Plato’s ideal state outlined in The Republic, official censors would prohibit mothers and nurses from relating tales deemed bad or evil †¢ Shi Huang Ti: Penchant for burning books †¢ Freedom of speech in ancient Rome was restricted to those in positions of authority Freedom of Speech: