1) However, when it comes to civil society participating in these negotiations, the victims are the ones that are trying to make the difference with discussions at the table. Victims In 2014, a group of relatives of victims of both sides met head-on in the Cuban capital (Vulliamy 2012)
Thirty Days War Case: Example of Exclusive Mediation With that said, mediations now days during civil wars are done much different than they were 500 years ago were peace consultations only served the interest of the people such as in the case of the Thirty Days War, which the arbitrating powers were the Spanish and English monarchy, which proved to be a failure. It failed because the interest of these two elite parties had already established cooperation if not full alliance before the war started, excluding the common people (White, 1978, p
Excluding these voices of society could hindered the negotiations because they were not able to express their concerns about peace. Libya and Kenya Case: Example of Inclusive Mediation On conflicting sides of the African landmass, Liberia was established by former slaves in 1847, even though Kenya was occupied by the British in 1888, gaining freedom only in 1963 (Zanker, 2013, p
Enhance teamwork -- once the conflict is resolved, reduce further the chances of it recurring by motivating the employees to collaborate in their work. The employees need to understand that to successfully accomplish the organizational goals and objectives, teamwork is essential (University Alliance, 2015)
Brady was accused by the NFL of tampering with the air pressure of the balls and was suspended by the league. Brady appealed the decision and the federal judge Berman heard the arguments of the two sides in what was an instance of "super-arbitration" with the federal judiciary acting as final arbitrator between the NFL and the Patriots (Belson, 2015)
Yet as Carrington (1984) notes at the beginning of the ADR movement decades prior to its surging popularity today, the alternative dispute resolution movement drew much criticism from legal professionals and social critics. They viewed ADRs as "banner" under which "at least three different aversions unite" -- an aversion for the "law itself," for lawyers, and for "judicial procedures" (Carrington, 1984, p
Nonetheless ADRs are now commonplace, happening all over the world in various forms. There are cases of mediation and adjudication in Hong Kong (Chau, 2007), all throughout the West, and a staple of dispute resolution processes now in one of the most populate and advanced cities in the world -- New York
Indeed, recourse to the law has become increasingly viewed as last alternative when all else, ADRs included, fail. At the same time, some in the judicial branch have lauded the ADR as a way to restore public trust in the judicial services of the nation (Eisenberg, Wohl, Guerin, 2013, p
All over the bureaucratized world, alternative dispute resolution processes are seen more frequently. Even in the developing world, this is occurring, as courtroom trials are eschewed for more intimate and less formalized proceedings that cost less and can be conducted with less tension and at a faster pace (Fiadjoe, 2004)
At the USPS, the rules regarding discharge for off-duty conduct at the time when Lee was employed as a mailman were as stated: Under rule 661.53, employees were prohibited from engaging in "unacceptable conduct" such as "criminal, dishonest, notoriously disgraceful or immoral conduct, or other conduct prejudicial to the Postal Service" and the conviction "may be grounds for disciplinary action" (Holley, 2012, p
627). For this reason, there was no "just cause" for Lee's termination, which was needed for that management to release the employee (Mayhew, 2015): in fact, the Postal Service appeared to have been hard pressed to invent reasons for why Lee's termination was justified -- which was evident as the Union pointed out
The Union claims that the nexus was not related to the Postal Service and therefore did not impact or fall within the jurisdiction of the rules. This is also known as the "nexus principle" in labor arbitration and something that can provide a ground for favorable decision (Secunda, 2004, p