scholarly journals I Could Have Been a Contender: Summary Jury Trial As a Means to Overcome Iqbal's Negative Effects Upon Pre-Litigation Communication, Negotiation and Early, Consensual Dispute Resolution

2010 ◽  
Author(s):  
Nancy Welsh
Keyword(s):  
Dispute Resolution ◽  
Jury Trial ◽  
Negative Effects

The Positive and Negative Effects of Anger on Dispute Resolution: Evidence From Electronically Mediated Disputes.

2004 ◽  
Vol 89 (2) ◽  
pp. 369-376 ◽  
Author(s):  
Ray Friedman ◽  
Cameron Anderson ◽  
Jeanne Brett ◽  
Mara Olekalns ◽  
Nathan Goates ◽  
...  
Keyword(s):  
Dispute Resolution ◽  
Negative Effects

scholarly journals THE REINSTATEMENT AND COMPENSATION CONUNDRUM IN SOUTH AFRICAN LABOUR LAW

2016 ◽  
Vol 19 ◽  
pp. 1
Author(s):  
Judith Geldenhuys
Keyword(s):  
Dispute Resolution ◽  
South African ◽  
Negative Effects ◽  
Labour Law ◽  
Case Discussion ◽  
Labour Relations ◽  
Legal Principles ◽  
Labour Dispute ◽  
Novel Concept

The SBV Services (Pty) Ltd case brought a novel concept into the labour dispute resolution arena: arbitrators must inform employees who succeed in proving that they were dismissed for an unfair reason of the implications of a reinstatement or compensation order in terms of the Labour Relations Act 66 of 1995 before making an award. This case discussion highlights how the court, under the pennant of the interests of justice, made injudicious errors in the interpretation and application of accepted legal principles, and the potential negative effects that enforcement of this principle could have.

Surgical Malpractice in California: Res Judicata

2014 ◽  
Vol 80 (10) ◽  
pp. 1007-1011
Author(s):  
Erik R. Barthel ◽  
Bruce E. Stabile ◽  
David Plurad ◽  
Dennis Kim ◽  
Angela Neville ◽  
...  
Keyword(s):  
Dispute Resolution ◽  
Retrospective Review ◽  
Jury Trial ◽  
Medical Negligence ◽  
Damage Awards ◽  
Res Judicata ◽  
Medical Injury ◽  
Compensation Reform ◽  
General Surgeons ◽  
Alternate Dispute Resolution

Medical negligence claims are of increasing concern to surgeons. Although noneconomic damage awards in California are limited by the Medical Injury Compensation Reform Act (MICRA) law to $250,000, the total amount of such settlements can increase significantly based on claims for economic damages. We reviewed negligence litigation involving California surgeons to determine outcomes and monetary awards through retrospective review of surgical malpractice cases published in a legal journal. This review was limited to actions involving general surgeons. Such litigation was voluntarily reported by either defense's or plaintiff's counsel at the conclusion of the litigation. Data reviewed included alleged damages incurred by the plaintiff; plaintiff's pre-trial settlement demand, plaintiff or defense verdict, use of alternate means of resolution such as arbitration or mediation, and total monetary award to the plaintiff. A total of 69 cases were reported over a 20-month period: 32 (46%) were plaintiffs’ verdicts, whereas 37 (54%) were in favor of the surgeon. Only 10 (31%) of the plaintiff verdicts were by jury trial, whereas the rest were settled by pretrial agreement, mediation, or arbitration. Of cases settled by alternate dispute resolution, the median settlement was $820,000 (n = 22) compared with a median jury trial award of $300,000 (n = 10).

scholarly journals Keuringspanele ("Screening Panels") as Gepaste Geskilbeslegtingsmetode ter Oplossing van Mediese Wanpraktyks-geskille.

2017 ◽  
Vol 12 (3) ◽  
pp. 97
Author(s):  
AJ Crous
Keyword(s):  
South Africa ◽  
Dispute Resolution ◽  
Medical Malpractice ◽  
Due Process ◽  
Prima Facie ◽  
Jury Trial ◽  
The Public ◽  
Malpractice Claims ◽  
The Right ◽  
Medical Malpractice Claims

A right only has any value if there is a remedy providing for the acknowledgement and enforcement thereof. An increase in medical malpractice claims can be expected in South Africa in view of the fact that the public is becoming more and more aware of its rights in respect of health services and health care. The public opinion calls for development of dispute resolution proceedings. The fact that the law is not accessible to everyone in South Africa is a matter of concern. High litigation costs, coupled with the time consuming protracted, formal and complicated process, call for a transformation towards an alternative, non-judicial process that is suitable for a particular dispute and apposite to the parties involved. Selection panels, the medical ombudsperson and arbitration clauses incorporated in doctor/patient agreements, are ADR mechanisms that have been proved by American law as suitable for resolution of medical malpractice claims. In this particular article attention is paid to screening panels as pre-trial mechanism with the exclusive purpose to select malpractice disputes, discourage unfounded disputes and to encourage an early settlement in case of a prima facie case.Several objections have been raised by critics in this regard, for instance, a screening panel infringes on: the right of equal protection/the right of access to the courts/the right to a jury trial/the right to a due process as well as on the trias politica doctrine. These so-called infringements are attended to and eventually a positive conclusion regarding screening panels is made: medical screening panels (consisting generally of a medical doctor, a lawyer and a member of public), based on the American experience, is indeed an appropriate dispute resolution method.

Undesirable Effects of Goal Setting on Perceived Fairness, Commitment, and Unethical Behavior

2018 ◽  
Vol 62 (2) ◽  
pp. 97-107 ◽  
Author(s):  
Nina Keith
Keyword(s):  
Goal Setting ◽  
Unethical Behavior ◽  
The United States ◽  
Goal Commitment ◽  
Management Technique ◽  
Long Term Effects ◽  
Perceived Fairness ◽  
Negative Effects ◽  
Positive Effects ◽  
And Performance

Abstract. The positive effects of goal setting on motivation and performance are among the most established findings of industrial–organizational psychology. Accordingly, goal setting is a common management technique. Lately, however, potential negative effects of goal-setting, for example, on unethical behavior, are increasingly being discussed. This research replicates and extends a laboratory experiment conducted in the United States. In one of three goal conditions (do-your-best goals, consistently high goals, increasingly high goals), 101 participants worked on a search task in five rounds. Half of them (transparency yes/no) were informed at the outset about goal development. We did not find the expected effects on unethical behavior but medium-to-large effects on subjective variables: Perceived fairness of goals and goal commitment were least favorable in the increasing-goal condition, particularly in later goal rounds. Results indicate that when designing goal-setting interventions, organizations may consider potential undesirable long-term effects.

The Effect of Suicide-Related Internet Use on Users’ Mental Health

Crisis ◽  
2013 ◽  
Vol 34 (5) ◽  
pp. 348-353 ◽  
Author(s):  
Hajime Sueki
Keyword(s):  
Mental Health ◽  
Young Adults ◽  
Suicidal Ideation ◽  
Internet Use ◽  
Panel Study ◽  
Psychological Effects ◽  
The Internet ◽  
Negative Effects ◽  
Suicide Methods ◽  
Internet Users

Background: Previous studies have shown that suicide-related Internet use can have both negative and positive psychological effects. Aims: This study examined the effect of suicide-related Internet use on users’ suicidal ideation, depression/anxiety tendency, and loneliness. Method: A two-wave panel study of 850 Internet users was conducted via the Internet. Results: Suicide-related Internet use (e.g., browsing websites about suicide methods) had negative effects on suicidal ideation and depression/anxiety tendency. No forms of suicide-related Internet use, even those that would generally be considered positive, were found to decrease users’ suicidal ideation. In addition, our results suggest that the greater the suicidal ideation and feelings of depression and loneliness of Internet users, the more they used the Internet. Conclusion: Since suicide-related Internet use can adversely influence the mental health of young adults, it is necessary to take measures to reduce their exposure to such information.

Searching Online for Methods of Suicide

Crisis ◽  
2020 ◽  
pp. 1-8
Author(s):  
Christian Ulrich Eriksen ◽  
Flemming Konradsen ◽  
Thilde Vildekilde
Keyword(s):  
Content Analysis ◽  
English Language ◽  
Significant Proportion ◽  
Background Information ◽  
Access To Information ◽  
Online Content ◽  
Negative Effects ◽  
Search Terms ◽  
Methods Of Suicide

Abstract. Background: Information on methods of suicide is available online, and access to information on methods of suicide appears to contribute to a small but significant proportion of suicides. There is limited documentation of how methods of suicide are being profiled, as well as what content exists in other languages than English. Aim: We aimed to analyze and compare how methods of suicide are profiled on Danish and English-language websites. Method: We applied a categorization and content analysis of websites describing methods of suicide. Sites were retrieved by applying widely used Danish and English-language search terms. Results: A total of 136 English-language websites and 106 Danish-language websites were included for analysis. Websites were more often categorized as prevention or support sites, academic or policy sites, and against suicide sites than dedicated suicide sites (i.e., pro-suicide sites), or information sites. However, information on methods of suicide was available, and 20.1% and 8.9% of the English and Danish-language sites, respectively, suggested that a particular method of suicide was quick, easy, painless, or certain to result in death. Limitations: Only one author coded and analyzed all websites. A further operationalization of the content analysis checklist is warranted to increase reliability. Conclusion: The websites primarily had a prevention or anti-suicide focus, but information on methods of suicide was available, requiring an increased focus on how to diminish the negative effects of harmful online content.

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