Introduction to Mediation Assignment

For this assignment, you are an official mediator. Write an “Introduction to Mediation” speech that you would use during the introduction stage of a mediation. This is a script that you, as a mediator, would give in the beginning of a mediation between the disputing parties. Write this assignment in the form of a speech, keeping in mind who your audience is (the parties and possibly their attorneys). Your speech should NOT contain any factual analysis.

Your script should include:

1. A welcome – welcome the participants to the process, identify the parties, and determine how each party prefers to be addressed during the mediation. Include how you would like to be addressed as well.

2. Describe the purpose of mediation and the advantages over other methods of dispute resolution.

3. Describe your role as the mediator. Be sure to explain neutrality, discuss conflicts of interests, and confidentiality.

4. Explain the goal of mediation and explain the steps or stages of the mediation process, ie. parties explain the dispute, identify issues/interests, generate and select solutions).

5. Explain how the mediation will conclude (what will be produced at the end).

6. Explain any ground rules, such as:

• One person speaks at a time, parties should speak directly to the mediator.
• If a party disagrees, make a note and wait for your turn to address, do not interrupt the other party.
• Turn off electronic devices, do not record any part of the mediation.
• Be respectful.

7. Ask parties if they have questions before you begin.

Your assignment must be at 1-2 pages long, double-spaced, set in 12-point type, and framed with one-inch margins.

Include your name at the top of the first page.

Proofread your paper to eliminate mechanical and grammatical errors.

Corporate Governance Pros and Cons Worksheet

You now understand Sally’s ambition, how she thinks, her quest for perfection, and her focused vision for future success. From your perspective, (1) what form of business do you believe is most suited for the immediate formation of the company, and if applicable, (2) do you perceive the need to change the original form you chose in your business plan to another form now or overtime? (3) Why, or why not? You have reviewed all aspects of becoming a legally recognized business. You understand the tax issues, the management structure options, raising operating capital, the various types of insurance coverage required, and the necessity of having the peace of mind in the event of a catastrophic moment.

As a manager-owner, the concept of “piercing the corporate veil” gives you a sinking feeling when confronted with a questionable operating decision. (4) What steps can you take to avoid facing a situation that would cause a court to pierce the corporate veil of your business? You have a lot to debate in deciding the governance form Sally would prefer. (5) Would she prefer an LLC, S-Corp, or C-Corp, and why? (6) Discuss why you believe Sally would prefer one form of a company organization over another.

Corporate Governance Pros and Cons Worksheet

We know Sally successfully operated her own multimillion-dollar business, with sufficient business expertise without the benefit of a corporate board or shareholders. she fully funded her business and carries no debt that would impede this new venture and she has worked well with you as a team in the drive to start this enterprise. Carefully consider what form works best between the two of you in building this empire and why. What about the future? How do all the pieces fit looking forward? What topics must be included in the discussion before any expansion of the business takes place? Explain.

HELPFUL DOCUMENTS

Sally has found several documents to help with picking which type of corporation to form for the business you are building with her. Feel free to use this information. She has shared them here:

• Choosing an Entity Comparison Chart (PDF).
• Business Selection Worksheet (PDF).
• Forming a Corporation Checklist (PDF). and Organizing a Corporation (PDF).
•  Organizing an LLC (PDF).
• Business Structures (IRS). (Links to an external site.)
• Choose a Business Structure (SBA). (Links to an external site.)

YOUR ASSIGNMENT

Create a matrix charting the pro and cons and advantages and disadvantages for the following forms of company organizations:

• LLC
• S-Corporation
• C-Corporation

1. Cost: what are the comparative costs of setting up?
2. Ease: what are the relative costs for setting up each?
3. Termination: what is the state requirement for continuity?
4. Public Information: how important is it that your personal information is shared or not shared with the public
5. Risk: what level of liability exists in the operation of the business based on the type of business itself what is the best form to insulate owners from personal liability
6. Operation: what form best supports the intentions of the owners what is the best control risk balance form of operation
7. Capitalization: is there a risk of undercapitalization what would be the impact will there be a need to raise capital to avoid increased liability is there a form that makes it easier to raise capital
8. Selling: if owners wish to sell what form best accommodates that situation
9. State Taxes: what are the tax liabilities from the state in setting up the business
10. Expansion: which form provides the greatest flexibility in the event of expansion

Your table should look something like this Example Matrix:

Create your document in a .DOC, .DOCX or .RTF and upload it. Be sure to pay attention to formatting do the Pros and Cons for each cell.

https://www.sba.gov/business-guide/launch-your-bus…

https://www.irs.gov/businesses/small-businesses-self-employed/business-structures#:~:text=Your%20form%20of%20business%20determines,%2C%20corporation%2C%20and%20S%20corporation.

About Your Signature Assignment

This Signature Assignment is designed to align with specific Program Student Learning Outcomes (PSLOs) in your program. PSLOs are broad statements that describe what students should know and should be able to do upon completion of their degree. The Signature Assignments may be graded with an automated rubric that allows the University to collect data that can be aggregated across a location or college/school and used for program improvements.

Resource: Avery Foster v. Federal Express Corp., 2006 U.S. Dist. LEXIS 53779 (E. Dist. Ct. MI)

The issue in the case is whether the company’s employment handbook created an implied contract. Avery Foster was terminated for falsifying an employee timecard. He argued that he was told in his initial interview that he would be guaranteed employment at Federal Express as long as he was a good worker and was protected from “just cause” termination. The court found there was good cause to terminate Avery Foster and that the handbook did not create an implied contract of guaranteed employment.

Progressive discipline is an employee disciplinary process that provides a graduated and measured range of responses to employee performance or conduct issues. Critical thinking consideration: Short of termination, could progressive discipline have been effective in this matter?

issues that arose in the Avery Foster case

Given the circumstances and issues that arose in the Avery Foster case, create the following:

• Design a Progressive Discipline Policy that would be appropriate for most organizations to follow, with consideration to the following measures:
•  the discipline issues to be addressed: attendance, performance, conduct, or a single broad category of non-performance.
• Determine whether the provisions of the policy should permit the company to modify and/or apply the policy in any manner it deems appropriate under the circumstances, including acceleration of steps, exclusion of steps, or repetition of steps.
• Assess when a supervisor may act independently or needs to seek upper management approval.
• Explain instructions on when to involve HR.
• Clarify the role of HR to advise or approve disciplinary action.
• Determine when a witness should be present.
• Outline the different sequences and progressive levels of discipline that an employee can receive.
• Develop rules regarding merit increases in relation to disciplinary action.

Write the policy in the third-person in no more than 1,400 words.

Use headings that appropriately signal the steps and keep your policy organized.

Use a minimum of three different research resources, and identify all sources in your Reference page.

Submit your assignment.

The questions ask you, essentially, to advise the various people in the facts as to whether they can sue another person for their negligent conduct.

You don’t refer to any negligence case or sections or even the concept of negligence, and you don’t refer to the facts once.

As I’ve gone through in class many times, you need to use the Issue/Law/Application/Conclusion (‘ILAC’) method to solve each issue in each question.

You need to state what an Issue is (such as ‘Can A sue B for negligence?’). Then, you need to state what the Law is (a case or section) that is relevant. Then you need to Apply that law to the facts. You should then repeat that for the second issue (Can C sue D?) again using the ILAC method. Then repeat for the third issue and so on.

Then at the very end, you should do a very brief conclusion of a few lines.

We went through this in class many times.

he Law of Negligence & Lawful Duty

Ask yourself, was a person (A) injured or d they lose money? Then who (B) caused that injury or loss due to a negligent (ie careless) act? Then, can A sue B for their negligent conduct? In answering that question, you need to refer to the specific facts in the question (for eg, ‘B did this’ and this led to A’s injury/loss) to support your argument that B caused A’s injury/loss.

Please do you best to get something in on time tomorrow using this method.

this is my feedback from my teacher. please modify my essay follow the suggestion. please quickly，the due day is tomorrow. And please follow the format of the article I modified.

Please note that this essay cant exceed 1500words references excluded.

All the work must be original

Turnitin report is required