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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EDUCATION |
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Education is a social science that encompasses teaching and learning specific knowledge, beliefs, and skills. Licensed and practicing teachers in the field use a variety of methods and materials in order to impart a curriculum. There has been a plethora of journals, magazines, books, and digests in the field of education that addresses these areas. Such literature addresses the teaching practices, with subjects that include lectures, game playing, testing, scheduling, record keeping, bullying, seating arrangements, interests, motivation, and computer access. However, the most important factors in any teacher's effectiveness is the interaction with students and personality of the teacher. The quality of their relationships provides the impetus for inspiration. The best teachers are able to translate good judgment, experience, and wisdom into the art of communication that students find compelling. It is their ability to understand and overcome prejudices, generate passion, and recognize potential that enable teachers to invigorate students with higher expectations of themselves and society at large. The goal is aiding the growth of students so that they become productive members of a migratory society. An imparting of culture from generation to generation (see socialisation) promotes a greater awareness and responsiveness through social maturity to the needs of an increasingly diversified global society.
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INFORMED CONSENT |
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Informed consent is a legal condition whereby a person can be said to have given consent based upon an appreciation and understanding of the facts and implications of any actions. The individual needs to be in possession of all of his faculties, such as not mentally retarded or mentally ill, without an impairment of judgment at the time of consenting. Impairments include sleep, illness, intoxication, drunkenness, using drugs or other health problems.
Some acts cannot legally take place because of a lack of informed consent. In other cases, consent of someone on behalf of a person, not considered able to have informed consent, is valid. Examples of this include the parents or legal guardians of a child and caregivers for the mentally ill.
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MEDICAL |
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Medical - Having to do with or anything pertaining to Medical treatment, Medical Malpractice, Medical review, Medical Litigation.
Find MEDICAL experts and consultants for MEDICAL litigation support. Available to be MEDICAL expert witnesses and provide MEDICAL forensic consulting in MEDICAL litigation, in addition prepare MEDICAL expert witness reports for use in deposition and/or in-court trial testimony.
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MEDICO-LEGAL |
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The plaintiff has the burden of proof. Expert witnesses are usually required to testify as to practice standards, while lay witnesses must confine their testimony to facts they perceived with their own senses. To be qualified as an expert, a person must have a sufficient level of education, training, and experience in the relevant field, and it must be shown that their testimony will assist the judge and/or jury in determining a contested issue. The law requires that lay jurors or judges, being untrained in medicine, must accept expert evidence as to whether the provider deviated from the requisite standards but since the plaintiff and the defendant will usually each hire their own experts, there will be conflicting opinions.
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