ADJUDICATION, MEDIATION / CONCILIATION |
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Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision or judgment which determines rights and obligations between the parties involved.
Mediation, in a broad sense, comprises an act of bringing two states, sides or parties closer or together. This article discusses the communication sense of the term. Separate articles, cultural and biological, treat of other senses of mediation.
Mediation consists of a process of alternative dispute resolution in which a (generally) neutral third party, the mediator, using appropriate techniques, assists two or more parties to help them negotiate an agreement, with concrete effects, on a matter of common interest. More generally speaking, the term mediation covers any activity in which an impartial third party (often a professional) facilitates an agreement on any matter in the common interest of the parties involved.
Mediation applies to different fields, with some common peculiar elements and some differences for each of its specialties. The main fields of mediation include commerce, legal disputes and diplomacy, but forms of mediation appear in other fields as well. Mediation in marriage technically belongs in the category, although it has followed its own peculiar history since the times of ancient Greeks: compare marriage counselling.
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ARBITRATION / MEDIATION |
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Arbitration is a form of mediation or conciliation, where the mediating party is given power by the disputant parties to settle the dispute by making a finding. In practice arbitration is generally used as a substitute for judicial systems, particularly when the judicial processes are viewed as too slow, expensive or biased. Arbitration is also used by communities which lack formal law, as a substitute for formal law.
Mediation consists of a process of alternative dispute resolution in which a (generally) neutral third party, the mediator, using appropriate techniques, assists two or more parties to help them negotiate an agreement, with concrete effects, on a matter of common interest. More generally speaking, the term "mediation" covers any activity in which an impartial third party (often a professional) facilitates an agreement on any matter in the common interest of the parties involved.
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HORSES |
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The horse (Equus caballus or Equus ferus caballus) is a sizeable ungulate mammal, one of ten modern species of the genus Equus. Horses have long been one of the most economically important domesticated animals, and have played an important role in the transport of people and cargo for thousands of years. Most notably, horses can be ridden by a person perched on a saddle attached to the animal, and are also widely harnessed to pull objects like wheeled vehicles or plows. In some human cultures, horses are also widely used as a source of food. Though isolated domestication may have occurred as early as 4500 BC, clear evidence of widespread use by humans dates to no earlier than 2000 BC, as evidenced by the Sintashta chariot burials, thus firmly establishing the domestication of the horse.
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PARALEGAL |
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A legal assistant or paralegal is a person, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible (ABA House of Delegates,1997).
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PLAGIARISM |
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Plagiarism is a form of academic dishonesty, specifically the unacknowledged use of another person's idea(s), information, language, or writing. Plagiarism is a serious academic offense. Plagiarism is not necessarily the same as copyright infringement, which occurs when one violates copyright law.
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PROFESSIONAL LIABILITY |
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In the English law of tort, professional negligence is a subset of the general rules on negligence to cover the situation in which the defendant has represented him or herself as having more than average skills and abilities. The usual rules rely on establishing that a duty of care is owed by the defendant to the claimant, and that the defendant is in breach of that duty. The standard test of breach is whether the defendant has matched the abilities of a reasonable person. But, by virtue of the services they offer and supply, professional people hold themselves out as having more than average abilities. This specialised set of rules determines the standards against which to measure the legal quality of the services actually delivered by those who claim to be among the best in their fields of expertise.
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