Misplaced Pages

#534465

118-535: According to the report from the House of Representatives which accompanied the law (House Report No. 93-1197, 93d Cong 2d Sess.), the Magnuson-Moss act was enacted by Congress in response to merchants' widespread misuse of express warranties and disclaimers. The legislative history indicates that the purpose of the act is to make warranties on consumer products more readily understood and enforceable and to provide

236-704: A 1984 case, Davis v. Bandemer , the Supreme Court held that gerrymandered districts could be struck down based on the Equal Protection Clause , but the Court did not articulate a standard for when districts are impermissibly gerrymandered. However, the Court overruled Davis in 2004 in Vieth v. Jubelirer , and Court precedent holds gerrymandering to be a political question . According to calculations made by Burt Neuborne using criteria set forth by

354-488: A 70% higher pension than other federal employees based on the first 20 years of service. They become eligible to receive benefits after five years of service (two and one-half terms in the House). The FERS is composed of three elements: Members of Congress may retire with full benefits at age 62 after five years of service, at age 50 after 20 years of service, and at any age after 25 years of service. With an average age of 58,

472-574: A FEHBP plan upon retirement. The ACA and the final rule do not affect members' or staffers' eligibility for Medicare benefits. The ACA and the final rule also do not affect members' and staffers' eligibility for other health benefits related to federal employment, so members and staff are eligible to participate in FSAFEDS (which has three options within the program), the Federal Employees Dental and Vision Insurance Program, and

590-551: A candidate. Therefore, Article I, Section 5, which permits each House to be the judge of the qualifications of its own members does not permit either House to establish additional qualifications. Likewise a State could not establish additional qualifications. William C. C. Claiborne served in the House below the minimum age of 25. Disqualification: under the Fourteenth Amendment , a federal or state officer who takes

708-583: A civil, statutory law tradition. Mediators use various techniques to open, or improve, dialogue and empathy between disputants, aiming to help the parties reach an agreement. Much depends on the mediator's skill and training. As the practice gained popularity, training programs, certifications, and licensing followed, which produced trained and professional mediators committed to the discipline. The activity of mediation appeared in very ancient times. The practice developed in Ancient Greece which knew

826-402: A condition of securing the repair of any consumer product that malfunctions, is defective, or does not conform to the written warranty. However, the warrantor may require consumers to return a defective item to its place of purchase for repair. The Magnuson–Moss Warranty Act does not invalidate or restrict any right or remedy of any consumer under any other federal law, nor does the act supersede

944-682: A dispute arises in regard to the performance or payments. A Procurement mediator in the UK may choose to specialise in this type of contract or a public body may appoint an individual to a specific mediation panel. In response to the Mabo decision, the Australian Government sought to engage the population and industry on Mabo's implications for land tenure and use by enacting the Native Title Act 1993 (Cth), which required mediation as

1062-520: A federal statutory requirement since 1967 pursuant to the act titled An Act For the relief of Doctor Ricardo Vallejo Samala and to provide for congressional redistricting . Before that law, general ticket representation was used by some states. States typically redraw district boundaries after each census, though they may do so at other times, such as the 2003 Texas redistricting . Each state determines its own district boundaries, either through legislation or through non-partisan panels. Malapportionment

1180-532: A four-year term, the resident commissioner's role is identical to the delegates from the other territories. The five delegates and resident commissioner may participate in debates; before 2011, they were also allowed to vote in committees and the Committee of the Whole when their votes would not be decisive. States entitled to more than one representative are divided into single-member districts . This has been

1298-401: A joint session. Part of the pre-caucus also includes coaching and role plays. The idea is that the parties learn how to converse directly with their adversary in the joint session. Some unique challenges arise when organizational disputes involve supervisors and subordinates. The negotiated performance appraisal (NPA) is a tool for improving communication between supervisors and subordinates and

SECTION 10

#1732788020535

1416-667: A mechanism to determine future native title rights. The process incorporated the Federal Court and the National Native Title Tribunal (NNTT). Mediation can occur in parallel with legal challenges, such as occurred in Perth. Some features of native title mediation that distinguish it from other forms include lengthy time frames, the number of parties (ranging on occasion into the hundreds) and that statutory and case law prescriptions constrain some aspects of

1534-457: A mediation agreement. Thus if a grandparent or other non-parent is granted residence rights in a family dispute, a court counselor will be required to furnish a report to the court on the merits of the proposed agreement to aid the court's ultimate disposition of the case. In other situations, it may be agreed to have agreements reviewed by lawyers, accountants or other professional advisers. The implementation of mediated agreements must comply with

1652-592: A member requires only a simple majority, and does not remove that member from office. As a check on the regional, popular, and rapidly changing politics of the House, the Senate has several distinct powers. For example, the " advice and consent " powers (such as the power to approve treaties and confirm members of the Cabinet ) are a sole Senate privilege. The House, however, has the exclusive power to initiate bills for raising revenue, to impeach officials, and to choose

1770-556: A more deliberative upper house, elected by the lower house, that would represent the individual states, and would be less susceptible to variations of mass sentiment. The House is commonly referred to as the lower house and the Senate the upper house , although the United States Constitution does not use that terminology. Both houses' approval is necessary for the passage of legislation . The Virginia Plan drew

1888-411: A public body and a private body. In common law jurisdictions only regulatory stipulations on creation of supply contracts that derive from the fields of State Aids (EU Law and domestic application) or general administrative guidelines extend ordinary laws of commerce. The general law of contract applies in the UK accordingly. Procurement mediation occurs in circumstances after creation of the contract where

2006-606: A result, the process to gain ballot access varies greatly from state to state, and in the case of a third party in the United States may be affected by results of previous years' elections. In 1967, Congress passed the Uniform Congressional District Act , which requires all representatives to be elected from single-member-districts. Following the Wesberry v. Sanders decision, Congress

2124-438: A single MRA that can fund any expense—even though each component is calculated individually, the franking allowance can be used to pay for personnel expenses if the member so chooses. In 2011 this allowance averaged $ 1.4 million per member, and ranged from $ 1.35 to $ 1.67 million. The Personnel allowance was $ 944,671 per member in 2010. Each member may employ no more than 18 permanent employees. Members' employees' salary

2242-468: A two-year term, with no term limit. In most states, major party candidates for each district are nominated in partisan primary elections , typically held in spring to late summer. In some states, the Republican and Democratic parties choose their candidates for each district in their political conventions in spring or early summer, which often use unanimous voice votes to reflect either confidence in

2360-400: A variety of domains, such as commercial, legal, diplomatic, workplace, community, and family matters. The term mediation broadly refers to any instance in which a third party helps others reach an agreement. More specifically, mediation has a structure, timetable, and dynamics that "ordinary" negotiation lacks. The process is private and confidential, possibly enforced by law. Participation

2478-741: A voice in committees, and can introduce bills on the floor, but cannot vote on the ultimate passage of bills. Presently, the District of Columbia and the five inhabited U.S. territories each elect a delegate. A seventh delegate, representing the Cherokee Nation , has been formally proposed but has not yet been seated. An eighth delegate, representing the Choctaw Nation is guaranteed by treaty but has not yet been proposed. Additionally, some territories may choose to also elect shadow representatives , though these are not official members of

SECTION 20

#1732788020535

2596-433: Is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"), while refraining from providing prescriptive advice to the parties (e.g., "You should do..."). Mediation is a form of dispute resolution resolving disputes between two or more parties with concrete effects. Typically, a third party, the mediator, assists the parties to negotiate a settlement. Disputants may mediate disputes in

2714-581: Is an empirically validated peer mediation program. It was studied over a 5-year period and revealed several positive outcomes including a reduction in elementary school violence and enhanced social skills, while creating a more positive, peaceful school climate. Peer mediation helped reduce crime in schools, saved counselor and administrator time, enhanced self-esteem, improved attendance and encouraged development of leadership and problem-solving skills among students. Such conflict resolution programs increased in U.S. schools 40% between 1991 and 1999. Peace Pals

2832-440: Is calculated based on three components: one for personnel, one for official office expenses and one for official or franked mail. The personnel allowance is the same for all members; the office and mail allowances vary based on the members' district's distance from Washington, D.C., the cost of office space in the member's district, and the number of non-business addresses in their district. These three components are used to calculate

2950-404: Is capped at $ 168,411 as of 2009. Mediation Mediation is a negotiation facilitated by a third-party neutral. It is a structured, interactive process where an impartial third party, the mediator, assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in

3068-528: Is generally far removed from modern mediation. Significant changes in state policy took place from 1996 to 2007. The 1996 Workplace Relations Act (Cth) sought to shift the industrial system away from a collectivist approach, where unions and the Australian Industrial Relations Commission (AIRC) had strong roles, to a more decentralized system of individual bargaining between employers and employees. The Act diminished

3186-686: Is given, it must comply with the Magnuson-Moss Act. The Magnuson–Moss Act contains many definitions: Sellers of consumer products who make service contracts on their products are prohibited under the act from disclaiming or limiting implied warranties. Sellers who extend written warranties on consumer products cannot disclaim implied warranties, regardless of whether they make service contracts on their products. However, sellers of consumer products that merely sell service contracts as agents of service contract companies and do not themselves extend written warranties can disclaim implied warranties on

3304-688: Is no charge for outpatient care if it is provided in the National Capital Region , but members are billed at full reimbursement rates (set by the Department of Defense) for inpatient care. (Outside the National Capital Region, charges are at full reimbursement rates for both inpatient and outpatient care). House members are eligible for a Member's Representational Allowance (MRA) to support them in their official and representational duties to their district. The MRA

3422-468: Is no legislation at the federal level mandating one particular system for elections to the House, systems are set at the state level. As of 2022, first-past-the-post or plurality voting is used in 46 states, electing 412 representatives, ranked-choice or instant-runoff voting in two states (Alaska and Maine), electing 3 representatives, and two-round system in two states (Georgia and Louisiana), electing 20 representatives. Elected representatives serve

3540-543: Is occasionally abbreviated as either "MOC" or "MC" (similar to MP ). However, the abbreviation "Rep." for Representative is more common, as it avoids confusion as to whether they are a member of the House or the Senate . All members of Congress are automatically enrolled in the Federal Employees Retirement System , a pension system also used for federal civil servants , except the formula for calculating Congress members' pension results in

3658-453: Is particularly useful as an alternate mediation model because it preserves the hierarchical power of supervisors while encouraging dialogue and dealing with differences in opinion. Disputes involving neighbors often have no official resolution mechanism. Community mediation centers generally focus on neighborhood conflict, with trained local volunteers serving as mediators. Such organizations often serve populations that cannot afford to utilize

Magnuson–Moss Warranty Act - Misplaced Pages Continue

3776-545: Is referred to as the "upper" house, and the House of Representatives as the "lower" house. Since December 2014, the annual salary of each representative is $ 174,000, the same as it is for each member of the Senate . The speaker of the House and the majority and minority leaders earn more: $ 223,500 for the speaker and $ 193,400 for their party leaders (the same as Senate leaders). A cost-of-living-adjustment (COLA) increase takes effect annually unless Congress votes not to accept it. Congress sets members' salaries; however,

3894-411: Is relatively high. Any compliance or implementation issues can be addressed by follow-up mediation, regular compliance monitoring, and other processes. Mediation is in contrast to the process common in a court of law where advocates engage in contentious litigation on behalf of their clients, arguing before a parental figure such as a judge or arbitrator. Both advocates and arbitrator effectively deprive

4012-610: Is the lower chamber of the United States Congress , with the Senate being the upper chamber . Together, they compose the national bicameral legislature of the United States . The House is charged with the passage of federal legislation , known as bills ; those that are also passed by the Senate are sent to the president for signature or veto . The House's exclusive powers include initiating all revenue bills, impeaching federal officers, and electing

4130-424: Is to act as a neutral third party who facilitates discussions between the parties. In addition, a mediator serves in an evaluative role when they analyze, assess the issues, and engage in reality-testing. A mediator is neutral and they are not the agent of any party. In their role, mediators do not offer prescriptive advice (e.g., "You should settle this case," or, "Your next offer should be X."). Mediators also manage

4248-504: Is to have one party govern and the other party watch." The leadership structure of the House also developed during approximately the same period, with the positions of majority leader and minority leader being created in 1899. While the minority leader was the head of the minority party, the majority leader remained subordinate to the speaker. The speakership reached its zenith during the term of Republican Joseph Gurney Cannon , from 1903 to 1911. The speaker's powers included chairmanship of

4366-568: Is typically voluntary. The mediator acts as a neutral third party and facilitates rather than directs the process. Mediation is becoming a more peaceful and internationally accepted solution to end the conflict. Mediation can be used to resolve disputes of any magnitude. The term mediation , however, due to language as well as national legal standards and regulations is not identical in content in all countries but rather has specific connotations, and there are some differences between Anglo-Saxon definitions and other countries, especially countries with

4484-579: Is unconstitutional and districts must be approximately equal in population (see Wesberry v. Sanders ). Additionally, Section 2 of the Voting Rights Act of 1965 prohibits redistricting plans that are intended to, or have the effect of, discriminating against racial or language minority voters. Aside from malapportionment and discrimination against racial or language minorities, federal courts have allowed state legislatures to engage in gerrymandering to benefit political parties or incumbents. In

4602-414: Is unique in that it holds an all-party primary election on the general Election Day with a subsequent runoff election between the top two finishers (regardless of party) if no candidate received a majority in the primary. The states of Washington and California use a similar (though not identical) system to that used by Louisiana. Seats vacated during a term are filled through special elections , unless

4720-565: The American Political Science Association , only about 40 seats, less than 10% of the House membership, are chosen through a genuinely contested electoral process, given partisan gerrymandering. Article I, Section 2 of the Constitution sets three qualifications for representatives. Each representative must: (1) be at least twenty-five (25) years old; (2) have been a citizen of the United States for

4838-822: The District of Columbia and the U.S. territories of Guam , the U.S. Virgin Islands , the Commonwealth of the Northern Mariana Islands , and American Samoa . A non-voting Resident Commissioner, serving a four-year term, represents the Commonwealth of Puerto Rico . As of the 2020 census , the largest delegation was California , with 52 representatives. Six states have only one representative apiece : Alaska , Delaware , North Dakota , South Dakota , Vermont , and Wyoming . The House meets in

Magnuson–Moss Warranty Act - Misplaced Pages Continue

4956-742: The Federal Employees Health Benefits Program (FEHBP), an employer-sponsored health insurance program, and were eligible to participate in other programs, such as the Federal Flexible Spending Account Program (FSAFEDS). However, Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act (ACA) provided that the only health plans that the federal government can make available to members of Congress and certain congressional staff are those created under

5074-538: The Federal Trade Commission with means to better protect consumers. The act was sponsored by Senator Warren G. Magnuson of Washington and U.S. Representative John E. Moss of California , both Democrats , as well as Senator Frank Moss of Utah , who co-sponsored it with Magnuson. The statute is remedial and is intended to protect consumers from deceptive warranty practices. Consumer products are not required to have warranties, but if one

5192-662: The Federal Trade Commission Act as it pertains to antitrust actions. The act does not invalidate or restrict any right or remedy of any consumer under state law. The act is not the dominant regulation of consumer product warranties, and while it prescribes certain disclosures and restricts certain limitations on warranties, it leaves other warranty law untouched. Although the act covers warranties on repair or replacement parts in consumer products, warranties on services for repairs are not covered. The federal minimum standards for full warranties are waived if

5310-772: The Peace Pals program as effective and valuable, and all mediation sessions resulted in successful resolution. The commercial domain remains one of the most common applications of mediation, as measured by the number of mediators and the total value of disputes. The result of business mediation is typically a bilateral contract . Commercial mediation includes work in finance , insurance , ship-brokering , procurement and real estate . In some areas, mediators have specialized designations and typically operate under special laws. Generally, mediators cannot themselves practice commerce in markets for goods in which they work as mediators. Procurement mediation comprises disputes between

5428-650: The Twenty-seventh Amendment to the United States Constitution prohibits a change in salary (but not COLA ) from taking effect until after the next election of the whole House. Representatives are eligible for retirement benefits after serving for five years. Outside pay is limited to 15% of congressional pay, and certain types of income involving a fiduciary responsibility or personal endorsement are prohibited. Salaries are not for life, only during active term. Representatives use

5546-450: The Uniform Congressional District Act , sit in single member congressional districts allocated to each state on the basis of population as measured by the United States census , with each district having at least a single representative, provided that that state is entitled to them. Since its inception in 1789, all representatives have been directly elected. Although suffrage was initially limited, it gradually widened, particularly after

5664-694: The president if a presidential candidate fails to get a majority of the Electoral College votes. Both House and Senate confirmation is now required to fill a vacancy if the vice presidency is vacant, according to the provisions of the Twenty-fifth Amendment . The Senate and House are further differentiated by term lengths and the number of districts represented: the Senate has longer terms of six years, fewer members (currently one hundred, two for each state), and (in all but seven delegations) larger constituencies per member. The Senate

5782-556: The size of the House states: "The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative." Congress regularly increased the size of the House to account for population growth until it fixed the number of voting House members at 435 in 1911. In 1959, upon the admission of Alaska and Hawaii , the number was temporarily increased to 437 (seating one representative from each of those states without changing existing apportionment), and returned to 435 four years later, after

5900-594: The ACA or offered through a health care exchange . The Office of Personnel Management promulgated a final rule to comply with Section 1312(d)(3)(D). Under the rule, effective January 1, 2014, members and designated staff are no longer able to purchase FEHBP plans as active employees. However, if members enroll in a health plan offered through a Small Business Health Options Program (SHOP) exchange, they remain eligible for an employer contribution toward coverage, and members and designated staff eligible for retirement may enroll in

6018-522: The AIRC by encouraging competition with private mediation. A great variety of disputes occur in the workplace, including disputes between staff members, allegations of harassment, contractual disputes and workers compensation claims. At large, workplace disputes are between people who have an ongoing working relationship within a closed system, which indicate that mediation or a workplace investigation would be appropriate as dispute resolution processes. However

SECTION 50

#1732788020535

6136-502: The Attorney-General's Department. Community accountability is a community-based strategy for a group of friends, a family, a neighborhood, etc. come together outside of the criminal justice system or any punitive system and hold people accountable as a community using transformative justice , which may or may not include mediation. A peer mediator is one who resembles the disputants, such as being of similar age, attending

6254-564: The Confederation Congress's sanction to "amend the Articles of Confederation". All states except Rhode Island agreed to send delegates. Congress's structure was a contentious issue among the founders during the convention. Edmund Randolph 's Virginia Plan called for a bicameral Congress: the lower house would be "of the people", elected directly by the people of the United States and representing public opinion , and

6372-608: The Contract did not pass Congress, were vetoed by President Bill Clinton , or were substantially altered in negotiations with Clinton. However, after Republicans held control in the 1996 election , Clinton and the Gingrich-led House agreed on the first balanced federal budget in decades, along with a substantial tax cut. The Republicans held on to the House until 2006 , when the Democrats won control and Nancy Pelosi

6490-554: The FTC clarified that Internet-connected smart home devices are subject to the provisions of the Magnuson–Moss Act. This clarification ensures that consumers retain the right to repair these devices independently or through third-party repair services without voiding their warranties. The clarification of this aspect has provided significant support to the " right to repair " movement, which advocates for consumer device repair rights, with

6608-700: The Federal Long Term Care Insurance Program. The Office of the Attending Physician at the U.S. Capitol provides members with health care for an annual fee. The attending physician provides routine exams, consultations, and certain diagnostics, and may write prescriptions (although the office does not dispense them). The office does not provide vision or dental care. Members (but not their dependents, and not former members) may also receive medical and emergency dental care at military treatment facilities. There

6726-462: The House and are separate individuals from their official delegates. Representatives and delegates serve for two-year terms, while a resident commissioner (a kind of delegate) serves for four years. A term starts on January 3 following the election in November. The U.S. Constitution requires that vacancies in the House be filled with a special election. The term of the replacement member expires on

6844-409: The House would have women-only spaces following the election of Sarah McBride . Under Article I, Section 2 of the Constitution , seats in the House of Representatives are apportioned among the states by population, as determined by the census conducted every ten years. Each state is entitled to at least one representative, however small its population. The only constitutional rule relating to

6962-643: The MMWA's enactment after the Federal Arbitration Act and the FTC 's actions against pre-dispute arbitration agreements. However, the Ninth Circuit withdrew that decision on April 11, 2012, stating, its 2011 decision "may not be cited as precedent by or to this court or any district court of the Ninth Circuit." See Kolev v. Euromotors W./The Auto Gallery, 676 F.3d 867 (9th Cir. 2012). In addition,

7080-609: The Magnuson–Moss Act serving as a key legal foundation. The FTC's commitment to adapting its enforcement of the Magnuson–Moss Act continues to address emerging challenges posed by new technologies and questionable practices employed by certain manufacturers. These developments underscore the adaptability and enduring relevance of the Magnuson–Moss Act in safeguarding consumer interests in evolving consumer purchasing environments. United States House of Representatives Minority (213) Vacant (2) [REDACTED] [REDACTED] The United States House of Representatives

7198-640: The Magnuson–Moss Warranty Act, ensuring its effectiveness in the modern consumer landscape. In 2018, the Federal Trade Commission (FTC) conducted public workshops to solicit insights on contemporary warranty issues and potential improvements to the Act. Recommendations emerging from these workshops included the proposal to mandate warrantors to notify consumers about the transferability of warranties to secondary owners. This proposed enhancement aimed to enhance transparency and consumer awareness. Furthermore,

SECTION 60

#1732788020535

7316-653: The Senate did not hold the balance of power between North and South during the war. The years of Reconstruction that followed witnessed large majorities for the Republican Party , which many Americans associated with the Union's victory in the Civil War and the ending of slavery. The Reconstruction period ended in about 1877; the ensuing era, known as the Gilded Age , was marked by sharp political divisions in

7434-523: The US House of Representatives is older than comparable chambers in Russia and the other G7 nations. Members of Congress are permitted to deduct up to $ 3,000 of living expenses per year incurred while living away from their district or home state. Before 2014, members of Congress and their staff had access to essentially the same health benefits as federal civil servants; they could voluntarily enroll in

7552-542: The ability of a small number of senior members to obstruct legislation they did not favor. There was also a shift from the 1990s to greater control of the legislative program by the majority party; the power of party leaders (especially the speaker) grew considerably. According to historian Julian E. Zelizer , the majority Democrats minimized the number of staff positions available to the minority Republicans, kept them out of decision-making, and gerrymandered their home districts. Republican Newt Gingrich argued American democracy

7670-536: The arrival of the modern ADR movement. One of the first statutes passed by the Commonwealth parliament was the Conciliation and Arbitration Act 1904 (Cth). This allowed the Federal Government to pass laws on conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one state. Conciliation has been the most prominently used form of ADR, and

7788-399: The benefits of mediation to include the following: The implementation of human resource management (HRM) policies and practices has evolved to focus on the individual worker, and rejects all other third parties such as unions and AIRC. HRM together with the political and economic changes undertaken by Australia's Howard government created an environment where private ADR can be fostered in

7906-452: The complexity of relationships, involving hierarchy, job security and competitiveness can complicate mediation. Party-directed mediation (PDM) is an emerging mediation approach particularly suited for disputes between co-workers, colleagues or peers, especially deep-seated interpersonal conflict, multicultural or multiethnic disputes. The mediator listens to each party separately in a pre-caucus or pre-mediation before ever bringing them into

8024-404: The consumer more than $ 15. The Rules can be found at 16 C.F.R. Part 701. Under the terms of the Act, ambiguous statements in a warranty are construed against the drafter of the warranty. Likewise, service contracts must fully, clearly, and conspicuously disclose their terms and conditions in simple and readily understood language. Warrantors cannot require that only branded parts be used with

8142-515: The country in the following two decades. In some jurisdictions, such as California, the parties have the option of making their agreement enforceable in court. In Australia mediation was incorporated extensively into family law Family Law Act 1975 and the 2006 Amendments Mandatory, subject to certain exceptions, Family Dispute Resolution Mediation is required before courts will consider disputed parenting arrangements. The Family Dispute Resolution Practitioners who provide this service are accredited by

8260-486: The courts or professional ADR-providers. Community programs typically provide mediation for disputes between landlords and tenants, members of homeowners associations and small businesses and consumers. Many community programs offer their services for free or at a nominal fee. Experimental community mediation programs using volunteer mediators began in the early 1970s in several major U.S. cities. These proved to be so successful that hundreds of programs were founded throughout

8378-524: The date that the original member's would have expired. The Constitution permits the House to expel a member with a two-thirds vote. In the history of the United States, only six members have been expelled from the House; in 1861, three were removed for supporting the Confederate states' secession: Democrats John Bullock Clark of Missouri, John William Reid of Missouri, and Henry Cornelius Burnett of Kentucky. Democrat Michael Myers of Pennsylvania

8496-425: The disputants of any responsibility for the outcome.by imposing a solution. During mediation the participants have to take personal responsibility for resolving their issues. The mediator takes no part other than to reduce the emotional temperature and facilitate full and frank exchange of views, " reframing " aggressive or insulting language into a rational, neutral statement of fact. The mediator's primary role

8614-950: The dispute. If this is not the case, then there is what Spencer and Brogan refer to as the "empty chair" phenomenon, that is, the person who ought to be discussing the problem is simply not present. The parties' first role is to consent to mediation, possibly before preparatory activities commence. Parties then prepare in much the same way they would for other varieties of negotiations. Parties may provide position statements, valuation reports and risk assessment analysis. The mediator may supervise/facilitate their preparation and may require certain preparations. Agreements to mediate, mediation rules, and court-based referral orders may have disclosure requirements. Mediators may have express or implied powers to direct parties to produce documents, reports and other material. In court-referred mediations parties usually exchange with each other all material which would be available through discovery or disclosure rules were

8732-432: The electorate. The Democratic Party and Republican Party each held majorities in the House at various times. The late 19th and early 20th centuries also saw a dramatic increase in the power of the speaker of the House . The rise of the speaker's influence began in the 1890s, during the tenure of Republican Thomas Brackett Reed . "Czar Reed", as he was nicknamed, attempted to put into effect his view that "The best system

8850-415: The federal government has the authority to take injunctive action against a supplier or warrantor who fails to meet the requirements of the act. Finally, consumers may seek redress in the courts for alleged violations of the Magnuson–Moss Act. A consumer who has been injured by a supplier's noncompliance may bring an action in federal court if the amount in controversy is over $ 50,000 or a class action if

8968-484: The first Tuesday after the first Monday in November. Pursuant to the Uniform Congressional District Act , representatives must be elected from single-member districts . After a census is taken (in a year ending in 0), the year ending in 2 is the first year in which elections for U.S. House districts are based on that census (with the Congress based on those districts starting its term on the following January 3). As there

9086-554: The government and by private parties. The FTC has been mandated by Congress to promulgate rules to encourage the use of alternative dispute resolution, and full warranties may require mediation and/or arbitration as a first step toward settling disputes. According to the United States Court of Appeals for the Ninth Circuit , though, in the 2011 case Kolev v. Porsche Cars North America , pre-dispute mandatory arbitration agreements are banned under Magnuson-Moss, citing

9204-539: The incumbent or the result of bargaining in earlier private discussions. Exceptions can result in so-called floor fights—convention votes by delegates, with outcomes that can be hard to predict. Especially if a convention is closely divided, a losing candidate may contend further by meeting the conditions for a primary election. The courts generally do not consider ballot access rules for independent and third party candidates to be additional qualifications for holding office and no federal statutes regulate ballot access. As

9322-439: The influential Rules Committee and the ability to appoint members of other House committees. However, these powers were curtailed in the "Revolution of 1910" because of the efforts of Democrats and dissatisfied Republicans who opposed Cannon's heavy-handed tactics. The Democratic Party dominated the House of Representatives during the administration of President Franklin D. Roosevelt (1933–1945), often winning over two-thirds of

9440-482: The interaction between the parties and encourage constructive communication through the use of specialized communication techniques. Finally, the mediator should restrict pressure, aggression and intimidation, demonstrate how to communicate through employing good speaking and listening skills, and paying attention to non-verbal messages and other signals emanating from the context of the mediation and possibly contributing expertise and experience. The mediator should direct

9558-573: The land gained during the Mexican–American War . Conflict over slavery and other issues persisted until the Civil War (1861–1865), which began soon after several southern states attempted to secede from the Union. The war culminated in the South's defeat and in the abolition of slavery. All southern senators except Andrew Johnson resigned their seats at the beginning of the war, and therefore

9676-419: The law does not ordinarily govern mediators' methods. Ratification and review provide safeguards for mediating parties. They also provide an opportunity for persons not privy to the mediation to undermine the result. Some mediated agreements require ratification by an external body—such as a board, council or cabinet. In some situations, the sanctions of a court or other external authority must explicitly endorse

9794-523: The matter to proceed to hearing, including witness statements, valuations and statement accounts. Mediation requires direct input from the parties. Parties must attend and participate in the mediation meeting. Some mediation rules require parties to attend in person. Participation at one stage may compensate for absence at another stage. The typical mediation has no formal compulsory elements, although some elements usually occur: Individual mediators vary these steps to match specific circumstances, given that

9912-399: The mediator and each of the parties before going into the joint session. The idea is to help the parties improve their interpersonal negotiation skills so that in the joint session they can address each other with little mediator interference. One of the general requirements for successful mediation is that those representing the respective parties have full authority to negotiate and settle

10030-678: The most voting members. Under the Articles of Confederation , the Congress of the Confederation was a unicameral body with equal representation for each state, any of which could veto most actions. After eight years of a more limited confederal government under the Articles, numerous political leaders such as James Madison and Alexander Hamilton initiated the Constitutional Convention in 1787, which received

10148-542: The negotiations. Mediation's effectiveness in trans-border disputes has been questioned, but an understanding of fundamental mediation principles points to the unlimited potential of mediation in such disputes. Mediators explicitly address and manage cultural and language differences in detail during the process. Voluntary referral to mediation is not required—much mediation to reach the table through binding contractual provisions, statutes, treaties, or international agreements and accords. The principle of voluntariness applies to

10266-476: The non-marital mediator as a proxenetas (προ - pro = before + ξενος - xenos =strangers), then in Roman civilization . ( Roman law , starting from Justinian 's Digest of 530–533 CE) recognized mediation. The Romans called mediators by a variety of names, including internuncius , medium , intercessor , philantropus , interpolator , conciliator , interlocutor , interpres , and finally mediator . Following

10384-430: The number of class plaintiffs is greater than 100. If the jurisdictional amount, or number of plaintiffs , does not meet these thresholds, an action under the act may be brought only in state court. Moreover, one of the key aids to the effectiveness of the act is that a prevailing plaintiff may recover reasonable costs of suit, including attorney fees . Recent developments have enhanced the applicability and relevance of

10502-525: The other (the Senate) would provide equal representation amongst the states. The Constitution was ratified by the requisite number of states (nine out of the 13) in 1788, but its implementation was set for March 4, 1789. The House began work on April 1, 1789, when it achieved a quorum for the first time. During the first half of the 19th century, the House was frequently in conflict with the Senate over regionally divisive issues, including slavery . The North

10620-407: The parties to focus on issues and stay away from personal attacks. The role of the parties varies according to their motivations and skills, the role of legal advisers, the model of mediation, the style of mediator and the culture in which the mediation takes place. Legal requirements may also affect their roles. Party-directed mediation (PDM) is an emerging approach involving a pre-caucus between

10738-427: The past seven years; and (3) be (at the time of the election) an inhabitant of the state they represent. Members are not required to live in the districts they represent, but they traditionally do. The age and citizenship qualifications for representatives are less than those for senators . The constitutional requirements of Article I, Section 2 for election to Congress are the maximum requirements that can be imposed on

10856-629: The prefix " The Honorable " before their names. A member of the House is referred to as a representative , congressman , or congresswoman . Representatives are usually identified in the media and other sources by party and state, and sometimes by congressional district, or a major city or community within their district. For example, Democratic representative Nancy Pelosi , who represents California's 11th congressional district within San Francisco , may be identified as "D–California", "D–California–11" or "D–San Francisco". "Member of congress"

10974-502: The president if no candidate receives a majority of votes in the Electoral College . Members of the House serve a fixed term of two years, with each seat up for election before the start of the next Congress. Special elections also occur when a seat is vacated early enough. The House's composition was established by Article One of the United States Constitution . The House is composed of representatives who, pursuant to

11092-560: The process of contract negotiation. Governments can use mediation to inform and to seek input from stakeholders in formulation or fact-seeking aspects of policy-making. Mediation is applicable to disputes in many areas: Within business and commercial mediation, frequently a distinction is made between business-to-business (B2B), business-to-employee (B2E) and business-to-consumer (B2C) situations. ADR, Alternative Dispute Resolution, began in industrial relations in Australia long before

11210-412: The process. Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that they manage the interaction between parties and facilitates open communication. Mediation

11328-441: The product in order to retain the warranty. This is commonly referred to as the "tie-in sales" provisions and is frequently mentioned in the context of third-party computer parts, such as memory and hard drives. Under a full warranty, in the case of a defect, malfunction, or failure to conform with the written warranty, the warrantor: In addition, the warrantor may not impose any duty, other than notification, upon any consumer, as

11446-533: The products they sell. Any warrantor warranting a consumer product to a consumer by means of a written warranty must disclose, fully and conspicuously, in simple and readily understood language, the terms and conditions of the warranty to the extent required by rules of the Federal Trade Commission. The FTC has enacted regulations governing the disclosure of written consumer product warranty terms and conditions on consumer products actually costing

11564-591: The ratification of the Nineteenth Amendment and the civil rights movement . Since 1913, the number of voting representatives has been at 435 pursuant to the Apportionment Act of 1911 . The Reapportionment Act of 1929 capped the size of the House at 435. However, the number was temporarily increased from 1959 until 1963 to 437 following the admissions of Alaska and Hawaii to the Union. In addition, five non-voting delegates represent

11682-510: The reapportionment consequent to the 1960 census . The Constitution does not provide for the representation of the District of Columbia or of territories . The District of Columbia and the territories of Puerto Rico , American Samoa , Guam , the Northern Mariana Islands , and the U.S. Virgin Islands are each represented by one non-voting delegate . Puerto Rico elects a resident commissioner , but other than having

11800-532: The requisite oath to support the Constitution, but later engages in rebellion or aids the enemies of the United States, is disqualified from becoming a representative. This post–Civil War provision was intended to prevent those who sided with the Confederacy from serving. However, disqualified individuals may serve if they gain the consent of two-thirds of both houses of Congress. Elections for representatives are held in every even-numbered year, on Election Day

11918-407: The right of parties to self-determination once they are in the mediation—not to the mechanism for initiating the mediation process. Much mediation also results form mutual consent because they are non-binding and they encourage the exploration of interests and mutual benefits of an agreement. Because the parties, themselves, create the terms of agreement, compliance with mediated settlement agreements

12036-533: The same school or having similar status in a business. Purportedly, peers can better relate to the disputants than an outsider. Peer mediation promotes social cohesion and aids development of protective factors that create positive school climates. The National Healthy School Standard (Department for Education and Skills, 2004) highlighted the significance of this approach to reducing bullying and promoting pupil achievement. Schools adopting this process recruit and train interested students to prepare them. Peace Pals

12154-431: The seats. Both Democrats and Republicans were in power at various times during the next decade. The Democratic Party maintained control of the House from 1955 until 1995. In the mid-1970s, members passed major reforms that strengthened the power of sub-committees at the expense of committee chairs and allowed party leaders to nominate committee chairs. These actions were taken to undermine the seniority system , and to reduce

12272-664: The south wing of the United States Capitol . The rules of the House generally address a two-party system, with a majority party in government, and a minority party in opposition. The presiding officer is the Speaker of the House , who is elected by the members thereof. Other floor leaders are chosen by the Democratic Caucus or the Republican Conference , depending on whichever party has

12390-481: The statues and regulations of the governing jurisdiction. Parties to a private mediation may also wish to obtain court sanction for their decisions. Under the Queensland regulatory scheme on court-connected mediation, mediators are required to file with a registrar a certificate about the mediation in a form prescribed in the regulations. A party may subsequently apply to a relevant court an order giving effect to

12508-721: The support of delegates from large states such as Virginia , Massachusetts , and Pennsylvania , as it called for representation based on population. The smaller states, however, favored the New Jersey Plan , which called for a unicameral Congress with equal representation for the states. Eventually, the Convention reached the Connecticut Compromise or Great Compromise, under which one house of Congress (the House of Representatives) would provide representation proportional to each state's population, whereas

12626-634: The system was, in Gingrich's words, "morally, intellectually and spiritually corrupt". Gingrich followed Wright's successor, Democrat Tom Foley , as speaker after the Republican Revolution of 1994 gave his party control of the House. Gingrich attempted to pass a major legislative program, the Contract with America and made major reforms of the House, notably reducing the tenure of committee chairs to three two-year terms. Many elements of

12744-523: The traditional role of the AIRC by placing the responsibility of resolving disputes at the enterprise level. This allowed mediation to be used to resolve industrial relations disputes instead of traditional conciliation. In industrial relations under the 2006 WorkChoices amendments to the Workplace Relations Act . Examples of this use of mediation can be seen in recent enterprise bargaining negotiations. The Australian government claimed

12862-410: The vacancy occurs closer to the next general election date than a pre-established deadline. The term of a member chosen in a special election usually begins the next day, or as soon as the results are certified. Historically, many territories have sent non-voting delegates to the House. While their role has fluctuated over the years, today they have many of the same privileges as voting members, have

12980-509: The war against Rome, the Kushites sent mediators to Augustus , who was in Samos, and in the year 21/20 BC, a peace treaty was concluded. Now mediation is a form of professional service, and mediators are professionally trained for mediation. The benefits of mediation include: In addition to dispute resolution, mediation can function as a means of dispute prevention, such as facilitating

13098-474: The warrantor can show that the problem associated with a warranted consumer product was caused by damage while in the possession of the consumer, or by unreasonable use, including a failure to provide reasonable and necessary maintenance. The act is meant to provide consumers with access to reasonable and effective remedies where there is a breach of warranty on a consumer product. The act provides for informal dispute-settlement procedures and for actions brought by

13216-411: The workplace. The decline of unionism and the rise of the individual encouraged the growth of mediation. This is demonstrated in the industries with the lowest unionization rates such as in the private business sector having the greatest growth of mediation. The 2006 Work Choices Act made further legislative changes to deregulate industrial relations. A key element of the new changes was to weaken

13334-470: Was being ruined by the Democrats' tactics and that the GOP had to destroy the system before it could be saved. Cooperation in governance, says Zelizer, would have to be put aside until they deposed Speaker Wright and regained power. Gingrich brought an ethics complaint which led to Wright's resignation in 1989. Gingrich gained support from the media and good government forces in his crusade to persuade Americans that

13452-435: Was expelled after his criminal conviction for accepting bribes in 1980, Democrat James Traficant of Ohio was expelled in 2002 following his conviction for corruption, and Republican George Santos was expelled in 2023 after he was implicated in fraud by both a federal indictment and a House Ethics Committee investigation. The House also has the power to formally censure or reprimand its members; censure or reprimand of

13570-479: Was motivated by fears that courts would impose at-large plurality districts on states that did not redistrict to comply with the new mandates for districts roughly equal in population, and Congress also sought to prevent attempts by southern states to use such voting systems to dilute the vote of racial minorities. Several states have used multi-member districts in the past, although only two states (Hawaii and New Mexico) used multi-member districts in 1967. Louisiana

13688-580: Was much more populous than the South , and therefore dominated the House of Representatives. However, the North held no such advantage in the Senate, where the equal representation of states prevailed. Regional conflict was most pronounced over the issue of slavery. One example of a provision repeatedly supported by the House but blocked by the Senate was the Wilmot Proviso , which sought to ban slavery in

13806-455: Was studied in a diverse, suburban elementary school. Peer mediation was available to all students (N = 825). Significant and long-term reductions in school-wide violence over a five-year period occurred. The reductions included both verbal and physical conflict. Mediator knowledge made significant gains pertaining to conflict, conflict resolution and mediation, which was maintained at 3-month follow-up. Additionally, mediators and participants viewed

13924-443: Was subsequently elected by the House as the first female speaker. The Republicans retook the House in 2011 , with the largest shift of power since the 1930s. However, the Democrats retook the house in 2019 , which became the largest shift of power to the Democrats since the 1970s. In the 2022 elections, Republicans took back control of the House, winning a slim majority. In November 2024, House Speaker Mike Johnson announced that

#534465