Mandatory mediation in the United States of America Essay

Mandatory mediation in the United States of America - Essay Example (Mediation. Indopedia. [internet]). There are instances when mediation is resorted to because a controversy has arisen and the adversaries choose to have the matter passed upon by a neutral referee, called the mediator, rather than to go through the rigors and the high cost of court proceedings which are usually protracted. In some other situations, there is a clause in the covering contract in which the parties provide for a mediation mechanism. This part of the main agreement has a jurisdictional repercussion because the supposed hearing court will not normally entertain a stipulated dispute if the mediation remedy is not first exhausted. It is given that alternative dispute resolutions which include mediation have become the better option to settle controversies without resorting to court processes. (Alternative Dispute Resolution. Superior Court of California. County of Fresno. [internet]). It is claimed that the idea of mediation in the United States of America started as early as during the time of the native American tribes. (Eric van Ginkel. Mediation under National Law: United States of America. IBA Legal Practice Division. MEDIATION COMMITTEE NEWSLETTER. August 2005. [internet]). Before proceeding, it is deemed important that mediation be distinguished from arbitration because there is that usual mistake of interchanging the two under the wrong perception that both are the same or similar. Arbitration is a more expeditious, less complex and inexpensive replacement of a court suit. The controversy is endorsed to an impartial outside party called the arbitrator who has expertise over the subject of the conflict. After a prudent assessment and evaluation of the pertinent facts, the arbitrator decides in favor of the party he deems has a... Courts all over the world are clogged with cases. This drawback means humongous costs to the government concerned and an insignia of justice being denied as having been rendered too late. Owing to this, substitute ways to resolve disputes have long been thought of to patch up controversies peacefully and inexpensively, that is, without the intercession of the judicial agencies of the state.One such extra-judicial methodology is mediation which is a form of an alternative dispute resolution.Mediation is a tool used to resolve conflicts between or among natural persons, business entities and even nations. It is actually one of the conventional types of alternative dispute resolution, the other one being arbitration.There is no general federal law that governs definite rules and regulations over the whole caboodle of the mediation remedy. Even the Uniform Mediation Act cannot yet be fully applied to and adopted by all the states of the United States because the individual territories or jurisdictions have their own mediation structures and methodologies. Also, every state has its own unique culture, industry, climate, products and other variables for which each mediation procedure or set of procedures may rather be customized for appropriate applicability. Furthermore, the respective states already have mandatory mediation legislations in place numbering two thousand five hundred all over the country.

Collapse of the Pension Schemes Case Study Example | Topics and Well Written Essays - 1250 words

Collapse of the Pension Schemes - Case Study Example The court did not oblige the government to provide for the compensation of all the victims. The Prime Minister stated that his government has already set up 1.8 billion pounds for its Financial Assistance Scheme. Even though he sympathized with them, the Prime Minister expressed that the solution should be affordable. He also expressed his concern over the decision which may hold the government always responsible for the collapse of any pension scheme which would mean billions of pounds exacted upon the government. Conservative leader David Cameron called for discussions among the government, opposition and representatives of the victims of the collapsed pension scheme to come with compensation packages. David Laws, Liberal Democrat Work and Pensions spokesman, expressed his intent to call for the amendment of the Pensions Bill so compensations could be provided. John Hutton, Work and Pensions Secretary of the Government, stated that he government would carefully consider the ombudsman's report. Society owes a big debt to the victims of collapsed pension schemes since these people have been paying taxes. Even though resources are limited, they still deserve help. The government has to set a good example by helping these hardworking people and think of creative ways to solve the pensions crisis. Henry Bradley and Bob Duncan expressed their delight over the decision. The Guardian: Pensions - Back to Basics John Benson, a victim of the collapsed pension scheme, was delighted over the decision of the high court after having suffered so much. All those affected are entitled to two kinds of justice- individual and social. The former concerns their right to receive pension because they paid their dues while the latter concerns the principle that people who have been working hard all their life are entitled to a decent living. The question of who is responsible and to what degree is still unclear even after the judgment but the court has ruled that the government is partly responsible for encouraging the people to invest in such schemes. The work and pensions secretary, John Hutton, is now responsible for the compensation of the affected person due to legal and humanitarian considerations PM Blair's concern regarding the ruling also deserves attention as it may provide the employer the opportunity to transfer the burden of compensation to the government. The government should see to it that the taxpayers are well informed about the repercussions of employers collapsing pension schemes even though it this possibility has already been minimized. Governments are still the only reliable form of material security. The Turner Commission report and the ruling recognize the role of the government in providing that security. On whether the government should compensate The dilemma that now faces us is whether the government should provide for the pension of its constituents who have become victims of collapsed pension schemes. It has been argued that these people deserve some form of compensation because they paid their dues and have been good taxpayers and it is therefore only right for them to be given what is due to them. If the government does take this responsibility, then