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Essay Instructions: Mediation? Arbitration?

Don't we have enough of each one by itself?

To make matters "worse", the following article sheds an interesting light on the combination of these two strategies, and the sequence between them.

The Case Assignment
Please read:

McLean, D.J., & Wilson, S.P. (2008). Compelling Mediation in the Context of Med-Arb Agreements. Dispute Resolution Journal. New York: Aug-Oct 2008. Vol. 63, Iss. 3; pg. 28.
Abstract: It is obvious to all who work in the alternative dispute resolution (ADR) field that the most important federal statute -- the Federal Arbitration Act (FAA) -- does not define its key term: "arbitration." A recent case, Advanced Bodycare v Thione, invited the 11th Circuit to explore which types of ADR processes are considered "arbitration" for purpose of the FAA. Under the 11th Circuit's narrow test, an agreement to mediate, as well as an agreement to mediate or arbitrate, falls outside of the scope of the FAA. There is a fundamental distinction between an ADR agreement that allows parties to either mediate or arbitrate disputes, and a classic med-arb agreement, which calls for mediation as a condition precedent to binding arbitration. While a med-arb agreement was not before the 11th Circuit in Thione, the authors caution against applying that court's reasoning to med-arb agreements..

After carefully reading through the background materials, and this article, please answer (in about 3 pages), the following question:

1. How do the relative advantages of mediation and arbitration, create a synergy in a combined strategy of MED-ARB?

Expectations:

1. Point out the advantages of each method, then

2. Focus on how when combined create SYNERGY.

3. Do not summarize the article, but input YOUR insight as to the concepts of each method and their combination.


Resources: textbook (ch.5), pp presentation, article (mclean), and website http://www.adr.org
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Essay Instructions: (Mediation & Arbitration)

After carefully reading through the background materials, and this article, please answer (in about 3 pages), the following question:

1. How do the relative advantages of mediation and arbitration, create a synergy in a combined strategy of MED-ARB?

Expectations

*Point out the advantages of each method, then

*Focus on how when combined create SYNERGY.

*Do not summarize the article, but input YOUR insight as to the concepts of each method and their combination.

(((McLean, D.J., & Wilson, S.P. (2008). Compelling Mediation in the Context of Med-Arb Agreements. Dispute Resolution Journal. New York: Aug-Oct 2008. Vol. 63, Iss. 3; pg. 28.))))

Abstract: It is obvious to all who work in the alternative dispute resolution (ADR) field that the most important federal statute -- the Federal Arbitration Act (FAA) -- does not define its key term: "arbitration." A recent case, Advanced Bodycare v Thione, invited the 11th Circuit to explore which types of ADR processes are considered "arbitration" for purpose of the FAA. Under the 11th Circuit's narrow test, an agreement to mediate, as well as an agreement to mediate or arbitrate, falls outside of the scope of the FAA. There is a fundamental distinction between an ADR agreement that allows parties to either mediate or arbitrate disputes, and a classic med-arb agreement, which calls for mediation as a condition precedent to binding arbitration. While a med-arb agreement was not before the 11th Circuit in Thione, the authors caution against applying that court's reasoning to med-arb agreements.

P,S: i was trying to upload the reading material for you however, i could not find it therefore, i need you find that article above( i have heard that you guys have some type of resources); read and write the essay for me. thank you very much for your help and let me know if you need anything!!





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Essay Instructions: TIMES NEW ROMAN 12PT. I live in Pennsylvania in case you quote any state law

You are a newly-licensed professional and you have recently entered practice with two others in your field. The professional services provided by your office include mediation (both private and court-referred). You receive a court-ordered mediation referral which involves a divorcing couple who cannot agree on a child-sharing arrangement. During your first meeting with the couple, you notice that the woman has what you consider to be suspicious bruising on her face and arms. Your questions about domestic violence are denied by the husband, and avoided by the wife. The couple is disputing physical custody of their 5- and 11-year-old daughters. The husband is employed locally, and the wife desires to move several states away to be near relatives. In a 5 page paper conceptualize the case in terms of conflict resolution, ensuring to discuss all of the following issues in an integrated way:

Describe and analyze the ethical and legal issues involved in this case.
What specific state, Federal or international laws would be relevant in assisting you in deciding how to proceed?
Consider the principles guiding mediation at the regional, state, or national level. What specific principle can you identify that would be relevant to this case? If the principle you chose were a nationally accepted standard in mediation, how would that affect its impact on your approach to this case?
Provide a case plan which details how you would proceed with this couple. What resources would you use? What approach would you take? What professional tools would you require? Ensure that your case plan is in compliance with legal and ethical standards, and cite which standards you are using as a guide

Essay Instructions: The first required reading: (a) provides contextual background on the nature of mediation and moderation, (b) critiques traditional approaches to distinguishing mediation from moderation, and (c) offers alternative approaches to strengthening research design so as to enable researchers to make more rigorous causal inferences regarding mediating or moderating effects:

Wu, A. D., & Zumbo, B. D. (2008). Understanding and using mediators and moderators. Social Indicators Research, 87, 367-392.
The next three required readings provide examples of mediation and/or moderation in management related research topics. Important: Note that the first reading is theoretical not empirical, as it is published in Academy of Management Review (the top theoretical journal in management), whereas the second and third articles are published in Academy of Management Journal and therefore report the findings of theoretically based empirical research:

Jordon, P. J., Ashkanasy, N .M. & Hartel, C. E. J. (2002) Emotional intelligence as a moderator of emotional and behavioral reactions to job insecurity. Academy of Management Review, 27(3) 361-372.
DeJong, B. A. & Elfring, T. (2010) How does trust affect the performance of ongoing teams? The mediating role of reflexivity, monitoring, and effort. Academy of Management Journal, 53(3), 535-549.
Hekman, D. R., et al. (2010). An examination of whether and how racial and gender biases influence customer satisfaction. Academy of Management Journal, 53(2) 238-264.


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Please prepare a paper in which you:
Analyze issues related to effectively introducing mediating and moderating variables
into theoretical models, hypotheses, and research designs.


Assignment Expectations

In your analysis, please:

Draw upon the Wu and Zumbo (2008) article to:

Distinguish mediation from moderation conceptually - what's the difference?
Discuss research design issues related to testing for mediation vs. testing for moderation (remember, design happens before any data are collected - so the focus here is not on analysis, but rather on how to structure the research project effectively from the beginning)
Next, apply key points from the Wu and Zumbo article to your brief analysis of the ways in which the authors of the other three required readings (i.e., Jordon, et al. (2002), DeJong & Elfring (2010), and Hekman, et al. (2010):
Introduce mediating and/or moderating variables into their theoretical models, hypotheses, and research designs.
Reflect any of the research design issues that Wu and Zumbo identify.
Briefly summarize what you have learned from this exercise
Overall, your analysis should demonstrate your:
Accurate comprehension and application of the required readings.
Ability to analyze the nature of moderating and mediating variables in the specific theoretical models provided.
General Expectations
Length 3-4 pages of double spaced 12 point font text, plus cover and reference page.
Structure: Narrative style, including a brief introduction in which you provide an overview of your paper.
References; Follow Campion's (1997) rules for references (see background page).
Style: APA format.


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