Posts

Showing posts from July, 2013

[ADR] Four basic types of mediation and a Hybrid model of mediation (Evaluative, Facilitative, Settlement and Therapeutic)

Image
MEDIATION



The four basic types of mediation include:

Settlement or compromise (see Google) Therapeutic mediation (see Google)
Facilitative mediation
The third party, mediator, involved in facilitative mediation  has the primary role in assisting parties with the management of the mediation process. Unlike evaluative or advisory mediation models, the mediator cannot make advices regarding the facts and possible resolution of the disputes. This model, many argue, underpins the core purpose of the mediation- the self-determination of parties in reaching the negotiation. The mediator therefore can only be described as a third party who sets up the avenue and relevant atmosphere for an effective mediation to take place. 

Evaluative mediation
The evaluative mediation involves the process of a third party not only managing the process of the dispute resolution but proactively engaging in the process of resolution in terms of providing advice to the process, and in some cases, to possible and f…

[ADR] BATNA, WATNA, ZOPA in negotiation

Importance of BATNA, WATNA, ZOPA in Negotiation
"BATNA": Best alternative to negotiated agreement "WATNA": Worst alternative to negotiated agreement "ZOPA": Zone of potential agreement
It is important that a successful negotiator identifies BATNA, WATNA and ZOPA.
Firstly, BATNA and WATNA have great relevance and is one of the determinate factors of a party's bargaining power. A party with a BATNA or BATNAs are more capable of positional bargaining and make less favourable proposals to parties that have no or unsound BATNA(s). The source of one party's confidence usually comes from having a BATNA because they can at least work away out of the negotiation without having to lose all the opportunity cost.
Secondly, ZOPA is also a factor that needs to be identified by a successful party. By identifying ZOPA, the parties are happy to negotiate the terms that are within that area and hence reduce time and costs related to the dispute resolution.
There a…

How United Nations and its Charter operate in the context of the Syrian civil war

[Dispute Resolution] Negotiation; Principled and Competitive types of negotiation

Successful negotiation

Definition
Gifford (1989) defines negotiation as a process in which the two parties attempt to reach a joint decision on matters of common concern in situations where  they are in actual or potential disagreement or conflict . Types of negotiation: Principled v. Competitive
There are two main types of negotiation: 1) competitive, positional negotiation and 2) integrative, principled negotiation. The first negotiation involves two or more hard negotiators who are psychologically against each other’s wills. They are less inclined to make concessions and provide substantially limited information and facts. Secondly, the principled negotiations involves two parties who are both willing to make concessions and mutually understand each other’s interests and differences in order to come to the best resolution. Whereas the first type of negotiators are believers of zero sum game, this principled type of negotiators believe in win-win solution.
Criticisms of the two types…

[ADR] Facilitative, Advisory and Determinative Alternative Dispute Resolution Processes

[Criminal; Property] Offences Relating to Property in Queensland

OFFENCES RELATINGTO PROPERTY

Purpose
            Protect a person’s ownership, possession, and similar rights and to prevent and punish infringements of these rights
Offences relating to property in Qld
Offences Provisions Stealing
390-417, 444A-457 Burglary
418-427 Fraud and deception

427A-442 Identify fraud
408D Computer hacking
408E Secret commissions
458-479 Property damage and arson
458-479 Forgery and personation 484-571




Offence involving Stealing

HISTORICAL DEVELOPMENT
Definitions

Old common law