This document discusses confidentiality in mediation. It outlines that communications made during mediation are confidential under Texas law and exceptions only apply if required by law, such as reporting child or elder abuse. The standards of conduct for mediators also require maintaining confidentiality. While confidentiality promotes trust and candid discussions, there are considerations against it such as preventing delay tactics or the misrepresentation of facts. The meaning of "confidential" may not always be totally secret, and case law explores the limits of confidentiality.
Mutual Non Disclosure Agreement (South Africa)Endcode_org
This Mutual Non Disclosure Agreement template is available to all EndCode for Innovators members for use.
To join this group, please follow this link:
http://www.linkedin.com/groups/EndCode-Innovators-8158861/about
This confidentiality agreement is between Newpoint Investment Holdings Limited and another party regarding confidential information related to the purchase of certain oil products. The agreement stipulates that the receiving party will keep all confidential information secret and only use it for the purposes of the transaction. They are not to disclose confidential information to outside parties or use it for any other purpose. The agreement also includes clauses about returning or destroying confidential materials, non-circumvention of the other party, duration of the agreement, remedies for breach, severability, and governing law.
The document contains quotes from various notable figures on topics related to negotiations, training, problem solving, opportunities, feelings, contracts, failure, mediation, imagination, wisdom, strategy, goals, memories, fairness, and integrity. The quotes provide advice, perspectives, and lessons about different aspects of negotiations, problem-solving, business, and life.
The document discusses 5 key things to know about lawsuits:
1. Plan for lawsuits to be a long process typically taking 12-18 months, though small claims can be faster under $10k.
2. Make sure corporate documents like bylaws and financials are organized and a document retention policy is in place, including emails.
3. While your attorney is your agent, the opposing counsel is not your friend and lawsuits follow over 1,000 rules of procedure and evidence.
4. Consider alternatives to lawsuits like mediation to possibly reach a settlement.
5. If a judgment is made, understand how to collect on it including exemptions, and the option to appeal.
Net neutrality refers to the principle that Internet service providers should treat all data on the Internet equally and not discriminate or charge differently based on user, content, website, platform, application, type of attached equipment, or method of communication. Without net neutrality, Internet service providers could prioritize some data over others or even block or slow down certain websites or apps, putting some companies and content at a disadvantage. Supporters argue this could hamper innovation on the Internet and favor large corporations that can pay for preferential treatment over startups and smaller companies. The document discusses the debate around net neutrality and efforts in India and the US to preserve an open Internet without discrimination by Internet service providers.
Confidentiality In Negotiating Settlement AgreementsVictoria Pynchon
The confidential nature of settlement negotiations and mediations are sometimes a bane and sometimes a boon. Learn how to control your own destiny by understanding California's laws of confidentiality.
This confidentiality agreement is between Strictly Freight World Air Cargo Limited and another party regarding confidential information related to the purchase of certain oil products. The agreement defines confidential information and representatives. It requires the receiving party to keep information confidential, only use it for the transaction purpose, and return or destroy it upon request. The agreement also prevents circumventing the disclosing party's interests and soliciting certain individuals for one year. It lasts three years or until a transaction agreement is signed.
Mutual Non Disclosure Agreement (South Africa)Endcode_org
This Mutual Non Disclosure Agreement template is available to all EndCode for Innovators members for use.
To join this group, please follow this link:
http://www.linkedin.com/groups/EndCode-Innovators-8158861/about
This confidentiality agreement is between Newpoint Investment Holdings Limited and another party regarding confidential information related to the purchase of certain oil products. The agreement stipulates that the receiving party will keep all confidential information secret and only use it for the purposes of the transaction. They are not to disclose confidential information to outside parties or use it for any other purpose. The agreement also includes clauses about returning or destroying confidential materials, non-circumvention of the other party, duration of the agreement, remedies for breach, severability, and governing law.
The document contains quotes from various notable figures on topics related to negotiations, training, problem solving, opportunities, feelings, contracts, failure, mediation, imagination, wisdom, strategy, goals, memories, fairness, and integrity. The quotes provide advice, perspectives, and lessons about different aspects of negotiations, problem-solving, business, and life.
The document discusses 5 key things to know about lawsuits:
1. Plan for lawsuits to be a long process typically taking 12-18 months, though small claims can be faster under $10k.
2. Make sure corporate documents like bylaws and financials are organized and a document retention policy is in place, including emails.
3. While your attorney is your agent, the opposing counsel is not your friend and lawsuits follow over 1,000 rules of procedure and evidence.
4. Consider alternatives to lawsuits like mediation to possibly reach a settlement.
5. If a judgment is made, understand how to collect on it including exemptions, and the option to appeal.
Net neutrality refers to the principle that Internet service providers should treat all data on the Internet equally and not discriminate or charge differently based on user, content, website, platform, application, type of attached equipment, or method of communication. Without net neutrality, Internet service providers could prioritize some data over others or even block or slow down certain websites or apps, putting some companies and content at a disadvantage. Supporters argue this could hamper innovation on the Internet and favor large corporations that can pay for preferential treatment over startups and smaller companies. The document discusses the debate around net neutrality and efforts in India and the US to preserve an open Internet without discrimination by Internet service providers.
Confidentiality In Negotiating Settlement AgreementsVictoria Pynchon
The confidential nature of settlement negotiations and mediations are sometimes a bane and sometimes a boon. Learn how to control your own destiny by understanding California's laws of confidentiality.
This confidentiality agreement is between Strictly Freight World Air Cargo Limited and another party regarding confidential information related to the purchase of certain oil products. The agreement defines confidential information and representatives. It requires the receiving party to keep information confidential, only use it for the transaction purpose, and return or destroy it upon request. The agreement also prevents circumventing the disclosing party's interests and soliciting certain individuals for one year. It lasts three years or until a transaction agreement is signed.
The document outlines guidelines for mediation, including that parties work to reach their own agreement with the mediator's assistance rather than having decisions made for them. It specifies that communications should generally be joint but the mediator may meet privately with each party. The document also details confidentiality of the process, exceptions, obligations of parties, payment policies, and signatures required of all parties to agree to the guidelines.
This document provides standards of conduct for mediators in Michigan. It contains 3 sections. The first section outlines general standards for mediators, including maintaining self-determination, impartiality, identifying and addressing conflicts of interest, and maintaining competence. The second section covers maintaining confidentiality, ensuring safety, and quality of the mediation process. The third section addresses advertising, fees, and advancing the practice of mediation. The document establishes ethical guidelines for mediators to conduct mediation in a fair and impartial manner.
Florida mediator Robert A. Cole and civil trial lawyer Rutledge R. Liles will use a series of hypothetical ethical dilemmas arising during the mediation of a "typical" personal injury case to explore what the law says, what guidelines advise and how to apply these standards to practice during mediation. For the fact scenario, please visit http://www.uww-adr.com/?p=6166.
Lawline Presentation: Protecting the Agribusiness- Managing Contracts, Trade...Cari Rincker
This presentation was prepared for the Lawline.com presentation given on September 24, 2015 regarding contract management, trademarks and non-disclosure agreements for farmers/ranchers, agri-businesses and food companies.
This document outlines a bilateral non-disclosure agreement between SMRC (Social Market Research for Charity) and another unnamed party. It establishes terms for protecting confidential information shared between the parties, including defining confidential information, prohibiting unauthorized disclosure or use, and outlining methods of disclosure. The agreement remains in effect for 3 years and protects trade secrets indefinitely. It governs any confidential information exchanged between the parties as they consider a potential business transaction.
This document outlines a mutual non-disclosure agreement between Mulay Consultancy Services and another party to protect confidential information. It defines confidential information, outlines appropriate use and restrictions, warrants the right to disclose information, and notes each party's obligations to protect confidential data for three years. It also specifies that the agreement does not create an agency relationship and can only be modified in writing with both parties' consent.
This document is a mutual non-disclosure agreement between multiple parties to protect confidential information shared between them. Key points include:
- Confidential information shared between parties is the property of the disclosing party and cannot be shared without permission.
- Parties agree to use the same care to prevent unauthorized disclosure of confidential information as they do for their own confidential information.
- Confidential information cannot be shared for 5 years except as allowed in the agreement.
- Lists of subjects, purposes and support documents to be shared between parties will follow this agreement.
This mutual nondisclosure agreement is between Tier 1, SMARTvt, SMART Holdings USA, Job Club ("Discloser") and their employees, consultants, trusted advisors, board members, job club participants, and corporate officers ("Recipient"). It protects both parties' confidential information, including intellectual property, exchanged verbally, in writing, electronically, or through other means. The agreement prohibits using or disclosing confidential information without authorization for three years. It also requires keeping the information secure, returning or destroying it upon request, and handling any government requests carefully to prevent losing its proprietary status. The agreement is governed by Vermont law and allows for injunctive relief in case of a breach.
SIGNED AVL MTI - Potential Difference Mutual NDA 03_08_2022.pdfThane Heins
The document is a confidentiality agreement between AVL and Potential Difference regarding potential business discussions related to E-motor demonstration testing. It outlines that confidential information shared between the parties is to be kept confidential and only used for the intended purpose. The agreement details what constitutes confidential information, obligations of both parties to protect such information, terms of the agreement, remedies for breach, and other standard legal provisions.
MUTUAL CONFIDENTIALITY AGREEMENT FORMAT
FREE LEGAL AND ACCOUNTANT FORMATS
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
Valuing Real Estate Assets (Series: Ethical Issues in Real Estate-Based Bankr...Financial Poise
As the expression goes, the value of real estate is in the eye of the beholder. Ultimately, the value is whatever the market is willing to pay. While income producing properties, particularly with credit worthy tenants, may be fairly routine to value based on current rate of return demands in the market, non-income producing properties may be more speculative. For example, even the most seasoned appraiser may struggle with finding comparative sales for a property. A landowner might see their property value go up exponentially “if only” the city council will allow for a zoning variance. Many an owner believes their property is in the “path of progress”, but when? Is it reasonable to value a property “as stabilized” if it is only forty percent leased? These are the types of questions we will consider.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/valuing-real-estate-assets-2020/
This non-disclosure agreement establishes confidentiality obligations between two parties, the Disclosing Party and the Receiving Party, who intend to discuss a potential transaction. It defines confidential information broadly, limits its use to the proposed transaction, and requires its return or destruction at the end of discussions. The agreement also outlines procedures for responding to disclosure demands, provides remedies for breach, and disclaims any obligations or representations regarding an actual transaction between the parties.
This document provides an overview of ethics and evidence rules for trial practitioners. It discusses the ethical responsibilities of attorneys regarding evidence collection and presentation, including advising clients of those responsibilities. Key topics covered include avoiding dishonesty or false evidence, addressing client perjury, disclosing adverse legal authority, trial conduct rules, and special rules for prosecutors. The document cautions attorneys on witness contacts and intimidation, collecting evidence, and avoiding conflicts with the advocate-witness rule.
Intellectual Property (IP) and Alternative Dispute Resolution (ADR): Using M...Erica Bristol
This PowerPoint discusses the use of mediation-pre-litigation and during litigation-to resolve intellectual property disputes, including a discussion of the difference between California and federal mediation confidentiality and privilege, and considerations when drafting mediation clauses in licenses and other contracts.
This document discusses the attorney-client privilege and work product doctrine. It covers the basic rules for these privileges, including that the attorney-client privilege protects confidential communications between attorneys and their clients, while work product protects documents prepared in anticipation of litigation. The document also discusses exceptions to these privileges, such as when privileged information has been disclosed to third parties, as well as rules around inadvertent disclosure of privileged information during discovery.
This non-disclosure agreement establishes confidentiality between a disclosing party and receiving party regarding proprietary information. The disclosing party wishes to protect confidential information about research, development, production, marketing and management. The receiving party acknowledges their duty to maintain confidentiality of such information as a condition of their engagement. Confidential information is defined as information not generally known concerning the disclosing party's business, including inventions, products, plans, designs, manuals and financial information. The receiving party agrees not to disclose confidential information and understands the disclosing party may take legal action for breach of agreement. Both parties are bound by the agreement terms.
Welcome to Heart2HeartDFW - Caring Heart Home Health Care!
At Heart2HeartDFW, we believe that caring is the cornerstone of exceptional home health care services. Our company's foundation rests on the principle of forging genuine connections with our clients and their families, cultivating bonds that transcend mere medical assistance. We are more than just a care provider; we are your extended family, your trusted companion, and your unwavering support system.
Our Mission:
Our mission is to enrich the lives of our clients by delivering personalized, compassionate, and high-quality home health care services. We strive to empower individuals to maintain their independence, dignity, and sense of well-being in the comfort of their own homes.
Why Choose Heart2HeartDFW?
Compassionate Caregivers: Our team of caregivers is handpicked based on their expertise, experience, and, most importantly, their compassionate nature. Each member of our team embodies our core values of empathy, respect, and unwavering dedication to serving others. We understand that genuine care comes from the heart.
Personalized Care Plans: We recognize that every person's needs are unique. Our experienced care coordinators work closely with you and your family to develop tailored care plans that address your specific requirements, preferences, and goals. Our focus is on delivering care that respects your individuality.
Holistic Approach: At Heart2HeartDFW, we embrace a holistic approach to home health care. We acknowledge that well-being extends beyond physical health to encompass emotional and social aspects as well. Our services encompass a wide range of support, from medical care to companionship and emotional support, fostering a sense of overall wellness.
Family-Oriented Philosophy: We firmly believe that family plays a vital role in the healing and well-being of our clients. We actively involve family members in the care process, providing regular updates, unwavering support, and guidance to ensure a collaborative approach to care. With Heart2HeartDFW, you are never alone on this journey.
Commitment to Excellence: Our unwavering commitment to excellence drives us to continuously improve our services and maintain the highest standards of care. We are dedicated to staying updated with the latest advancements in home health care, and we invest in ongoing training and development for our staff to ensure the best care possible.
Embracing Technology: In today's fast-paced world, we understand the importance of leveraging modern technologies to enhance our services. Our tech-enabled solutions streamline communication, ensuring efficient care coordination and timely support. With Heart2HeartDFW, you can expect a seamless and stress-free caregiving experience.
At Heart2HeartDFW, we cherish the opportunity to make a positive difference in the lives of those we serve. Our team is dedicated to going the extra mile to ensure our clients receive the care they deserve, with love
This mutual non-disclosure agreement establishes confidentiality obligations between parties sharing proprietary business information. Key aspects include:
- Confidential information shared between parties is to be identified and kept secret for 5 years, used only for the purposes specified in the agreement.
- No intellectual property rights are transferred; each party retains ownership of its confidential information.
- Exceptions allow use/disclosure of information that becomes public, was known prior, or must be disclosed by law.
- The agreement expires in 1 year unless terminated early but confidentiality obligations survive for 5 more years thereafter.
Exploiting Artificial Intelligence for Empowering Researchers and Faculty, In...Dr. Vinod Kumar Kanvaria
Exploiting Artificial Intelligence for Empowering Researchers and Faculty,
International FDP on Fundamentals of Research in Social Sciences
at Integral University, Lucknow, 06.06.2024
By Dr. Vinod Kumar Kanvaria
The document outlines guidelines for mediation, including that parties work to reach their own agreement with the mediator's assistance rather than having decisions made for them. It specifies that communications should generally be joint but the mediator may meet privately with each party. The document also details confidentiality of the process, exceptions, obligations of parties, payment policies, and signatures required of all parties to agree to the guidelines.
This document provides standards of conduct for mediators in Michigan. It contains 3 sections. The first section outlines general standards for mediators, including maintaining self-determination, impartiality, identifying and addressing conflicts of interest, and maintaining competence. The second section covers maintaining confidentiality, ensuring safety, and quality of the mediation process. The third section addresses advertising, fees, and advancing the practice of mediation. The document establishes ethical guidelines for mediators to conduct mediation in a fair and impartial manner.
Florida mediator Robert A. Cole and civil trial lawyer Rutledge R. Liles will use a series of hypothetical ethical dilemmas arising during the mediation of a "typical" personal injury case to explore what the law says, what guidelines advise and how to apply these standards to practice during mediation. For the fact scenario, please visit http://www.uww-adr.com/?p=6166.
Lawline Presentation: Protecting the Agribusiness- Managing Contracts, Trade...Cari Rincker
This presentation was prepared for the Lawline.com presentation given on September 24, 2015 regarding contract management, trademarks and non-disclosure agreements for farmers/ranchers, agri-businesses and food companies.
This document outlines a bilateral non-disclosure agreement between SMRC (Social Market Research for Charity) and another unnamed party. It establishes terms for protecting confidential information shared between the parties, including defining confidential information, prohibiting unauthorized disclosure or use, and outlining methods of disclosure. The agreement remains in effect for 3 years and protects trade secrets indefinitely. It governs any confidential information exchanged between the parties as they consider a potential business transaction.
This document outlines a mutual non-disclosure agreement between Mulay Consultancy Services and another party to protect confidential information. It defines confidential information, outlines appropriate use and restrictions, warrants the right to disclose information, and notes each party's obligations to protect confidential data for three years. It also specifies that the agreement does not create an agency relationship and can only be modified in writing with both parties' consent.
This document is a mutual non-disclosure agreement between multiple parties to protect confidential information shared between them. Key points include:
- Confidential information shared between parties is the property of the disclosing party and cannot be shared without permission.
- Parties agree to use the same care to prevent unauthorized disclosure of confidential information as they do for their own confidential information.
- Confidential information cannot be shared for 5 years except as allowed in the agreement.
- Lists of subjects, purposes and support documents to be shared between parties will follow this agreement.
This mutual nondisclosure agreement is between Tier 1, SMARTvt, SMART Holdings USA, Job Club ("Discloser") and their employees, consultants, trusted advisors, board members, job club participants, and corporate officers ("Recipient"). It protects both parties' confidential information, including intellectual property, exchanged verbally, in writing, electronically, or through other means. The agreement prohibits using or disclosing confidential information without authorization for three years. It also requires keeping the information secure, returning or destroying it upon request, and handling any government requests carefully to prevent losing its proprietary status. The agreement is governed by Vermont law and allows for injunctive relief in case of a breach.
SIGNED AVL MTI - Potential Difference Mutual NDA 03_08_2022.pdfThane Heins
The document is a confidentiality agreement between AVL and Potential Difference regarding potential business discussions related to E-motor demonstration testing. It outlines that confidential information shared between the parties is to be kept confidential and only used for the intended purpose. The agreement details what constitutes confidential information, obligations of both parties to protect such information, terms of the agreement, remedies for breach, and other standard legal provisions.
MUTUAL CONFIDENTIALITY AGREEMENT FORMAT
FREE LEGAL AND ACCOUNTANT FORMATS
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
Valuing Real Estate Assets (Series: Ethical Issues in Real Estate-Based Bankr...Financial Poise
As the expression goes, the value of real estate is in the eye of the beholder. Ultimately, the value is whatever the market is willing to pay. While income producing properties, particularly with credit worthy tenants, may be fairly routine to value based on current rate of return demands in the market, non-income producing properties may be more speculative. For example, even the most seasoned appraiser may struggle with finding comparative sales for a property. A landowner might see their property value go up exponentially “if only” the city council will allow for a zoning variance. Many an owner believes their property is in the “path of progress”, but when? Is it reasonable to value a property “as stabilized” if it is only forty percent leased? These are the types of questions we will consider.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/valuing-real-estate-assets-2020/
This non-disclosure agreement establishes confidentiality obligations between two parties, the Disclosing Party and the Receiving Party, who intend to discuss a potential transaction. It defines confidential information broadly, limits its use to the proposed transaction, and requires its return or destruction at the end of discussions. The agreement also outlines procedures for responding to disclosure demands, provides remedies for breach, and disclaims any obligations or representations regarding an actual transaction between the parties.
This document provides an overview of ethics and evidence rules for trial practitioners. It discusses the ethical responsibilities of attorneys regarding evidence collection and presentation, including advising clients of those responsibilities. Key topics covered include avoiding dishonesty or false evidence, addressing client perjury, disclosing adverse legal authority, trial conduct rules, and special rules for prosecutors. The document cautions attorneys on witness contacts and intimidation, collecting evidence, and avoiding conflicts with the advocate-witness rule.
Intellectual Property (IP) and Alternative Dispute Resolution (ADR): Using M...Erica Bristol
This PowerPoint discusses the use of mediation-pre-litigation and during litigation-to resolve intellectual property disputes, including a discussion of the difference between California and federal mediation confidentiality and privilege, and considerations when drafting mediation clauses in licenses and other contracts.
This document discusses the attorney-client privilege and work product doctrine. It covers the basic rules for these privileges, including that the attorney-client privilege protects confidential communications between attorneys and their clients, while work product protects documents prepared in anticipation of litigation. The document also discusses exceptions to these privileges, such as when privileged information has been disclosed to third parties, as well as rules around inadvertent disclosure of privileged information during discovery.
This non-disclosure agreement establishes confidentiality between a disclosing party and receiving party regarding proprietary information. The disclosing party wishes to protect confidential information about research, development, production, marketing and management. The receiving party acknowledges their duty to maintain confidentiality of such information as a condition of their engagement. Confidential information is defined as information not generally known concerning the disclosing party's business, including inventions, products, plans, designs, manuals and financial information. The receiving party agrees not to disclose confidential information and understands the disclosing party may take legal action for breach of agreement. Both parties are bound by the agreement terms.
Welcome to Heart2HeartDFW - Caring Heart Home Health Care!
At Heart2HeartDFW, we believe that caring is the cornerstone of exceptional home health care services. Our company's foundation rests on the principle of forging genuine connections with our clients and their families, cultivating bonds that transcend mere medical assistance. We are more than just a care provider; we are your extended family, your trusted companion, and your unwavering support system.
Our Mission:
Our mission is to enrich the lives of our clients by delivering personalized, compassionate, and high-quality home health care services. We strive to empower individuals to maintain their independence, dignity, and sense of well-being in the comfort of their own homes.
Why Choose Heart2HeartDFW?
Compassionate Caregivers: Our team of caregivers is handpicked based on their expertise, experience, and, most importantly, their compassionate nature. Each member of our team embodies our core values of empathy, respect, and unwavering dedication to serving others. We understand that genuine care comes from the heart.
Personalized Care Plans: We recognize that every person's needs are unique. Our experienced care coordinators work closely with you and your family to develop tailored care plans that address your specific requirements, preferences, and goals. Our focus is on delivering care that respects your individuality.
Holistic Approach: At Heart2HeartDFW, we embrace a holistic approach to home health care. We acknowledge that well-being extends beyond physical health to encompass emotional and social aspects as well. Our services encompass a wide range of support, from medical care to companionship and emotional support, fostering a sense of overall wellness.
Family-Oriented Philosophy: We firmly believe that family plays a vital role in the healing and well-being of our clients. We actively involve family members in the care process, providing regular updates, unwavering support, and guidance to ensure a collaborative approach to care. With Heart2HeartDFW, you are never alone on this journey.
Commitment to Excellence: Our unwavering commitment to excellence drives us to continuously improve our services and maintain the highest standards of care. We are dedicated to staying updated with the latest advancements in home health care, and we invest in ongoing training and development for our staff to ensure the best care possible.
Embracing Technology: In today's fast-paced world, we understand the importance of leveraging modern technologies to enhance our services. Our tech-enabled solutions streamline communication, ensuring efficient care coordination and timely support. With Heart2HeartDFW, you can expect a seamless and stress-free caregiving experience.
At Heart2HeartDFW, we cherish the opportunity to make a positive difference in the lives of those we serve. Our team is dedicated to going the extra mile to ensure our clients receive the care they deserve, with love
This mutual non-disclosure agreement establishes confidentiality obligations between parties sharing proprietary business information. Key aspects include:
- Confidential information shared between parties is to be identified and kept secret for 5 years, used only for the purposes specified in the agreement.
- No intellectual property rights are transferred; each party retains ownership of its confidential information.
- Exceptions allow use/disclosure of information that becomes public, was known prior, or must be disclosed by law.
- The agreement expires in 1 year unless terminated early but confidentiality obligations survive for 5 more years thereafter.
Similar to Shhhh...Confidentiality and Mediation (20)
Exploiting Artificial Intelligence for Empowering Researchers and Faculty, In...Dr. Vinod Kumar Kanvaria
Exploiting Artificial Intelligence for Empowering Researchers and Faculty,
International FDP on Fundamentals of Research in Social Sciences
at Integral University, Lucknow, 06.06.2024
By Dr. Vinod Kumar Kanvaria
This slide is special for master students (MIBS & MIFB) in UUM. Also useful for readers who are interested in the topic of contemporary Islamic banking.
This presentation was provided by Steph Pollock of The American Psychological Association’s Journals Program, and Damita Snow, of The American Society of Civil Engineers (ASCE), for the initial session of NISO's 2024 Training Series "DEIA in the Scholarly Landscape." Session One: 'Setting Expectations: a DEIA Primer,' was held June 6, 2024.
How to Build a Module in Odoo 17 Using the Scaffold MethodCeline George
Odoo provides an option for creating a module by using a single line command. By using this command the user can make a whole structure of a module. It is very easy for a beginner to make a module. There is no need to make each file manually. This slide will show how to create a module using the scaffold method.
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This is part 1 of my Java Learning Journey. This Contains Custom methods, classes, constructors, packages, multithreading , try- catch block, finally block and more.
How to Setup Warehouse & Location in Odoo 17 InventoryCeline George
In this slide, we'll explore how to set up warehouses and locations in Odoo 17 Inventory. This will help us manage our stock effectively, track inventory levels, and streamline warehouse operations.
The simplified electron and muon model, Oscillating Spacetime: The Foundation...RitikBhardwaj56
Discover the Simplified Electron and Muon Model: A New Wave-Based Approach to Understanding Particles delves into a groundbreaking theory that presents electrons and muons as rotating soliton waves within oscillating spacetime. Geared towards students, researchers, and science buffs, this book breaks down complex ideas into simple explanations. It covers topics such as electron waves, temporal dynamics, and the implications of this model on particle physics. With clear illustrations and easy-to-follow explanations, readers will gain a new outlook on the universe's fundamental nature.
How to Make a Field Mandatory in Odoo 17Celine George
In Odoo, making a field required can be done through both Python code and XML views. When you set the required attribute to True in Python code, it makes the field required across all views where it's used. Conversely, when you set the required attribute in XML views, it makes the field required only in the context of that particular view.
বাংলাদেশের অর্থনৈতিক সমীক্ষা ২০২৪ [Bangladesh Economic Review 2024 Bangla.pdf] কম্পিউটার , ট্যাব ও স্মার্ট ফোন ভার্সন সহ সম্পূর্ণ বাংলা ই-বুক বা pdf বই " সুচিপত্র ...বুকমার্ক মেনু 🔖 ও হাইপার লিংক মেনু 📝👆 যুক্ত ..
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4. Dallas County Standard
Mediation Order
Named parties shall be present during the
entire mediation process and each
corporate party must be represented by
an executive officer with authority to
negotiate a settlement.
8. TCPRC 154.053 “Standards and Duties of
Impartial Third Parties”
(b) Unless expressly authorized by the disclosing party, the
impartial third party may not disclose to either party information
given in confidence by the other and shall at all times maintain
confidentiality with respect to communications relating to the
subject matter of the dispute.
9. TCPRC 154.053 “Standards and Duties of
Impartial Third Parties”
(c) Unless the parties agree otherwise, all matters, including the
conduct and demeanor of the parties and their counsel during the
settlement process, are confidential and may never be disclosed
to anyone, including the appointing court.
12. Sec. 154.073. CONFIDENTIALITY OF CERTAIN
RECORDS AND COMMUNICATION
Communications are confidential:
Relate to the subject matter of any civil or criminal dispute made by a
participant in an alternative dispute resolution procedure
13. Sec. 154.073. CONFIDENTIALITY OF CERTAIN
RECORDS AND COMMUNICATION
Communications are confidential:
Relate to the subject matter of any civil or criminal dispute made by a
participant in an alternative dispute resolution procedure
Before or after the institution of formal judicial proceedings
14. Sec. 154.073. CONFIDENTIALITY OF CERTAIN
RECORDS AND COMMUNICATION
Communications are confidential:
Relate to the subject matter of any civil or criminal dispute made by a
participant in an alternative dispute resolution procedure
Before or after the institution of formal judicial proceedings
confidential, are not subject to disclosure, and may not be used as
evidence against the participant in any judicial or administrative
proceeding.
17. Sec. 154.073. CONFIDENTIALITY OF CERTAIN
RECORDS AND COMMUNICATIONS
Records
Any record made at an alternative dispute resolution procedure
is confidential.
18. Sec. 154.073. CONFIDENTIALITY OF CERTAIN
RECORDS AND COMMUNICATIONS
Records
Any record made at an alternative dispute resolution procedure
is confidential.
Participants or the third party facilitating the procedure may not
be required to testify in any proceedings relating to or arising
out of the matter in dispute or be subject to process requiring
disclosure of confidential information or data relating to or
arising out of the matter in dispute.
19.
20.
21. (d) [An exception for governments who are parties to a MSA
and Open Records]
22. (e) If this section conflicts with other legal requirements
for disclosure of communications, records, or materials, the
issue of confidentiality may be presented to the court having
jurisdiction of the proceedings to determine, in camera,
whether the facts, circumstances, and context of the
communications or materials sought to be disclosed warrant a
protective order of the court or whether the communications or
materials are subject to disclosure.
23.
24. Sec. 154.073. CONFIDENTIALITY OF CERTAIN
RECORDS AND COMMUNICATIONS
(f) Each participant, including the impartial third party, to an alternative dispute
resolution procedure is subject to the requirements of Subchapter B, Chapter
261, Family Code, and Subchapter C, Chapter 48, Human Resources Code.
25.
26. Family Code: A professional who has“cause to believe that a
child’s physical or mental health or welfare has been adversely
affected by abuse or neglect”shall make a report within 48
hours.
27. Family Code: A professional who has“cause to believe that a
child’s physical or mental health or welfare has been adversely
affected by abuse or neglect”shall make a report within 48
hours.
Human Resources Code: “a person having cause to believe that
an elderly or disabled person is in the state of abuse, neglect, or
exploitation, including a disabled person receiving services, shall
report the information to” the Department of Protective and
Regulatory Services.
29. “A mediator should protect theintegrity and confidentiality
of the mediation of the process...[commencing] with the
first communication to the mediator, is continuous in
nature, and does not terminate upon the conclusion of the
mediation.”
30. A mediator should inform and discuss with the participants that:
the mediation is private
it is confidential “to the extent provided by law.”
31. 8. Confidentiality
Mediator not to reveal information that is
privileged and confidential unless affected
parties agree or as may be required by law.
32. Cmt (a) A mediator:
should not permit recordings/transcripts to be made of
mediation proceedings;
should maintain confidentiality in storage/disposal of
records and render anonymous all identifying information
when materials are used for research, educational, or
other informational purposes;
33. Should not disclose to other parties information given in
confidence by disclosing party and should maintain
confidentiality with respect to communications relating to the
subject matter of the dispute.
Should report to court whether mediation occurred, and
resulted in settlement, impasse, recess, or rescheduled.
Should advise parties that disclosure is required and will be
made when required by law.
36. A mediator shall maintain the confidentiality of all information
obtained by the applicable law.
37. A mediator shall maintain the confidentiality of all information
obtained by the applicable law.
If the parties to a mediation agree that the mediator may
disclose information obtained during the mediation, the mediator
may do so.
38. A mediator shall maintain the confidentiality of all information
obtained by the applicable law.
If the parties to a mediation agree that the mediator may
disclose information obtained during the mediation, the mediator
may do so.
A mediator should not communicate to any non-participant
information about how the parties acted in the mediation. A
mediator may report, if required, whether parties appeared at a
scheduled mediation and whether or not the parties reached a
resolution.
39. If a mediator participates in teaching, research or
evaluation of mediation, the mediator should protect the
anonymity of the parties and abide by their reasonable
expectations regarding confidentiality.
40. A mediator who meets with any persons in private session
during a mediation shall not convey directly or indirectly to
any other person, any information that was obtained
during that private session without the consent of the
disclosing person.
41. A mediator shall promote understanding
among the parties of the extent to which the
parties will maintain confidentiality of
information they obtain in a mediation.
42. Depending on the circumstance of a mediation, the
parties may have varying expectations regarding
confidentiality that a mediator should address. The
parties may make their own rules with respect to
confidentiality, or the accepted practice of an
individual mediator or institution may dictate a
particular set of expectations.
66. What does “confidential”
mean?
Totally secret?
Generally protected from disclosure?
Protection from subsequent disclosures in court? In
public? Anywhere and anytime?
76. Allegations
Ct Ordered Mediation
“all statements confidential”
Issues
4 hours late
Inappropriate clothing
Aggressive
Doe v Francis
77. Allegations
Ct Ordered Mediation
“all statements confidential”
Issues
4 hours late
Inappropriate clothing
Aggressive
Mtn Sanctions
Doe v Francis
78.
79. “Bury”/ “Ruin” not violence, but frustration (Fla Stat
no med confid to commit/attempt crime, threaten
violence)
80. “Bury”/ “Ruin” not violence, but frustration (Fla Stat
no med confid to commit/attempt crime, threaten
violence)
81. “Bury”/ “Ruin” not violence, but frustration (Fla Stat
no med confid to commit/attempt crime, threaten
violence)
13 subsequent hrs
82. Conduct violated ct mediation order
Jailed until properly participate, certified by
mediator
83. Ct orders parties to mediation in “good faith” with
representative with full authority present. Ct conducts
hearing, with questions about authority, knowledge of the
case, mediation preparation, and phone communications.
84. Was court authorized to conduct this hearing and ask
these questions?
In re Acceptance Ins. Co., 33 SW3d 443 (Tex. App.--Fort
Worth 2000)
85. “I intend to use mediation to drive up the costs for
the other side.”
Bethlehem School Dist. v. Zhou, E.D. Pa. July 23,
2010
86. Atty gives advice to client during mediation. Client settles.
Client later sues atty, claiming atty induced client to a lower
settlement than should have received.
Cassell v. Superior Ct., No. S178914 (Cal. Jan. 13, 2011)
87. At mediation, participant admits to theft. Later
prosecuted, State uses that statement as proof.
Williams v. State, 770 S.W.2d 948 (Tex. App.--Houston
[1st Dist.] 1989, no writ hist.)
88. At mediation, there was evidence of potential criminal
conduct. Can that evidence be presented to a grand jury?
In re: Grand Jury Proceedings; U.S. v. Moczygemba, 143 F.
3d 487 (5th Cir. 1998)
89. Party claims that his signature on MSA was by threat
made at mediation. Can he successfully claim “no
contract” because of duress?
Rabe v. Dillard’s, Inc., 214 S.W.3d 767 (Tex. App.--Dallas
2007).
90. Party claimed it signed MSA under duress, when
FDIC threatened criminal prosecution if the civil
matter wasn’t settled.
FDIC v. White, 76 F. Supp.2d 736 (N.D. Tex.
2000)
91. Parties claimed mediator bullied them into
signing the MSA.
Allen v. Leal, 27 F.Supp. 2d 945 (S.D. Tex.
1998)
92. Party refused to attend a mediation. Can the court
sanction the party?
Hansen v. Sullivan, 886 S.W.2d 467 (Tex. App.--Houston
[1st Dist.] 1994, no writ hist.)
97. What to do?
Review statute and case law regularly
98. What to do?
Review statute and case law regularly
Look at your confidentiality language in your agreements to mediate
99. What to do?
Review statute and case law regularly
Look at your confidentiality language in your agreements to mediate
What’s covered? What’s not?
100. What to do?
Review statute and case law regularly
Look at your confidentiality language in your agreements to mediate
What’s covered? What’s not?
What does the mediation order say?
101. What to do?
Review statute and case law regularly
Look at your confidentiality language in your agreements to mediate
What’s covered? What’s not?
What does the mediation order say?
Use protective language in your communications
102. What to do?
Review statute and case law regularly
Look at your confidentiality language in your agreements to mediate
What’s covered? What’s not?
What does the mediation order say?
Use protective language in your communications
(“This Communication is Confidential & Privileged and for Mediation Purposes Only”)
103. What to do?
Review statute and case law regularly
Look at your confidentiality language in your agreements to mediate
What’s covered? What’s not?
What does the mediation order say?
Use protective language in your communications
(“This Communication is Confidential & Privileged and for Mediation Purposes Only”)
Be careful what you say to the other side during the mediation
104. What to do?
Review statute and case law regularly
Look at your confidentiality language in your agreements to mediate
What’s covered? What’s not?
What does the mediation order say?
Use protective language in your communications
(“This Communication is Confidential & Privileged and for Mediation Purposes Only”)
Be careful what you say to the other side during the mediation
Inform client
105. Contact
Gene Roberts
NorthTexasNegotiations.com
gene@northtexasnegotiations.com
@GeneRoberts
linkedin.com/in/robertsgene
Editor's Notes
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No. All communications in mediation are confidential.\n
Yes. Statements show she wasn’t participating in mediation.\n
No. Mediation statements are confidential.\n
No. Statements made in mediation are confidential.\n
Yes. GJ is private and if charged/indicted, then public interest in criminal justice is greater than mediation confidentiality.\n
No. Statements made in mediation are confidential.\n
Duress could be maintained; mediation confidentiality didn’t preclude that challenge.\n
No confidentiality--court needs to examine the mediator’s conduct.\n
No. Sanctions inappropriate.\n
Attendance is not “subject matter” of the mediation and court can determine if its order was complied with.\n