Alternative Dispute Resolution Essays

Alternative Dispute Resolution Essays Alternative Dispute Resolution Paper Alternative Dispute Resolution Paper Alternative Dispute Resolution (ADR) is the name given to the process where parties in a dispute come to a compromise or settle their dispute without going to court. The main reason people use ADR is to save the expense of using the courts and solicitors. There are four main forms of Alternative Dispute Resolution. Negotiation is the simplest form of ADR. Where two people have a dispute they can negotiate a solution themselves. The advantages to the parties involved are that it is completely private and its fast and cheap. Mediation is where a neutral person the mediator helps the parties to reach a compromise. The job of the mediator is to consult with each party and see how much common ground there is between them. S/he should act as a facilitator, taking offers between the parties. The mediator doesnt offer an opinion. Mediation is most suitable where there is some chance that the parties will co-operate. Mediation is not legally binding on the parties. There are a number of organisations that offer mediation services. One of the main ones is the Centre for Dispute Resolution; many companies use their mediation services to save money in legal fees. The only disadvantage of using mediation to settle a dispute is there is no guarantee that a settlement will be reached. This means that you still have to use the courts, so in effect failure at the mediation stage can result in extra delays and extra costs. However, the Centre for Dispute Resolution report that around 80% of the disputes they deal with are settled without the need for any court action. Conciliation is similar to mediation where a neutral third party helps the parties to resolve their dispute; however, the conciliator plays a more active role in the process. S/he will be expected to suggest ways in which a compromise could be reached. Conciliation is not legally binding on the parties. The Advisory, Conciliation and Arbitration Service (ACAS) are used by many employers and Trade Unions to settle disputes before (and sometimes during) industrial action takes place. Arbitration is the most formal of the methods used to settle disputes without using the courts. Arbitration is where the parties with a disagreement pass their dispute to a third party, who will make a judgment on their behalf. This judgment will then be legally binding on the parties. The relevant law on arbitration can be found in the Arbitration Act 1996. The agreement to go to arbitration can be made by the parties at any time. It can be written into a business contract by what is called a Scott v Avery clause or the parties may just agree on arbitration when a dispute arises. The parties can agree the number of arbitrators who will hear their dispute. It could be three, two or just one person. The parties will normally appoint someone who is an expert in their particular area of business. There is also the Institute of Arbitrators who will provide trained arbitrators to parties who wish to settle a dispute. The actual procedure to be followed in any arbitration hearing is left to the parties to decide. Therefore, arbitration hearings can take many forms. The parties can decide on a paper arbitration, which means the parties submit everything to the arbitrator in writing, who will then read everything and make a decision. However the parties can also have a hearing at which they appear and give evidence and witnesses may be called.

Positive Functions of Poverty essays

Positive Functions of Poverty essays Positive Functions of Poverty Poverty and the poor satisfy American because it is useful to their society. Without the poor who would do all the dirty work? The first, second, and third functions that Herbert J. Hans mention deals with the economy. Every society has jobs that the poor would work for. Some of the dirty work can be dangerous, temporary, and underpaid. Society can change all of this by filling the jobs by paying higher wages than for the clean work. Since the poor are required to work at low wages, it makes life for the upper-middle and upper classes easier. Poverty creates a lot of jobs for different occupations and professions that service the poor. The fifth and sixth functions deal with the social function of poverty. Even though the poor are about as moral and law-abiding as anyone else, they would still be recognized as lazy and dishonest compared to the middle class. Also the poor are thought to enjoy sex, alcohol, and narcotics more than the middle class. The seventh function would be considered a cultural function of poverty. Sometimes when a culture is created by or for them it is adopted by the more affluent. For example, a lot of Americans listen to the blues, Negro spirituals, and country music, which all originated with the poor. Poverty also helps to guarantee the status of those who are not poor. In the American society people need to know where they stand. The poor function is used for permanent measuring not for status comparison between the different classes of people. The ninth function explains on how the poor have entered the middle class through the profits from provision of goods and services in the slums. The last three functions deal with political functions. The poor are the ones who do all the backbreaking work and today they are pushed out of their towns just to make room for progress. The poor are powerless and they do not ...

LATIN AMERICAN JEWISH LITERATURE AND CINEMA Research Paper

LATIN AMERICAN JEWISH LITERATURE AND CINEMA - Research Paper Example The fathers played an important role in making their sons’ Jewish education and traditions. Gerchunoff (1998) says â€Å"Most of the Jewish men if not all were urban dwellers whose knowledge of gaucho was confined to the sporadic stays on the pampa.They glorified the gaucho as quintessential national idol, a courageous peasant always carrying his guitar, his poncho and his vengeful spirit which stands in contrast. His gauchos’ judios are not loners but family oriented bread winners. They are neither malicious nor rancorous but loyal to their biblical code of ethics† (p.5) The life of a Jewish boy involves some important life cycle events which include, birth, circumcision, Pidyod ha-Ben, bar mitzah and marriage. Birth According to Jewish law human life begins at birth and a child is born sinless. When a woman gives birth to a boy, she is sexually separated from the husband for seven days as the woman is considered impure for a period of 33 days and the father is given an honor of reading the Torah in the synagogue. The naming of a boy occurs during brit milah (the ritual of circumcision Circumcision From the Jewish point of view circumcision is a command from God. A boy child is circumcised on the eighth day after his birth. The eight day is counted from the day the child is born, for example, if a child is born on Tuesday he will be circumcised the following week on Tuesday. It involves surgical removal of the foreskin and is performed a Jewish elder known as a mohel, who is educated in Jewish law and circumcision. After the boy is circumcised he is held by a Sandek (godfather), who is normally the family rabbi or the boys grandparent .Here they recite various blessings and then the boy is given an official Jewish name. In Jewish laws brit milah - the ritual of circumcision is universally observed. Circumcision is perceived to be an outward sign of the inner agreement between the Jewish people and God. It is binding upon the father, and hi s son and the father is obligated to have his son circumcised. If the father does not take him to be circumcised, the boy must have himself circumcised when he grows up. A Person, who is not circumcised, has no value in the society and will suffer a penalty of Kareit meaning spiritual excision. After the circumcision ritual, a feast of meals and refreshments follows. Redemption of the Firstborn son: Pidyod ha-Ben A Jewish firstborn belongs to God. Originally, first born sons would serve as priests or other Temple functions in Israel. A first born son is redeemed at the age of 31 days. The ritual of Pidyod ha-Ben is done on the 31st day but if it falls on the Shabbat it will be done the following day as it involves an exchange of money. During this ritual a small amount of money, five silver shekels equal to five silver dollars is paid to a kohein (a Jewish elder who performs the ritual). Bar Mitzah Bar mitzah means son of the commandment. Boys are recognized as full members of the c ommunity at 13 when they celebrate bar mitzvah. At this age, a boy is obligated to observe the commandments. Bar mitzah ceremony is held and the boy assumes the right to take part in religious services. He is considered a man and must meet the requirements of ritual and civil law. During a normal Sabbath service, the boy child is called upon to read from the Torah for the first time. In modern day society,

Most Americans Should Not Use Credit Cards Essay

Most Americans Should Not Use Credit Cards - Essay Example The credit card industry has evolved so drastically that it is predicted that an average number of credit cards per family is around 3.5 (Nilson Report, 2010). According to another statistics, it is reported that an average American with a credit file is responsible for $16.635 in debt; this amount is reported after excluding the mortgage charges (U.S News and World Report, 2008). Credit cards have had a huge impact on people spending spree and it is only because of this extravagant spending style, credit cards consumers have had to face severe bankruptcy issues. It was reported that the bankruptcy filed during 2009 amounted to $1.4 million dollars; this had increased by 22% compared to the figures of $1.09 million in 2008 (AACER, 2010). This bankruptcy rate usually comprises of young adults and it is reported that young Americans have the 2nd highest rate of bankruptcy. These increase bankruptcies, heavy spending and huge debts are all a result of psychological behaviour. Americans tend to live in an economy where debt has not been given any significant value by many households. Mortgages and other similar loans are a part of almost every American household. Besides that, people tend to have an emotional attachment to paper money, which if spent, is given to the provider of goods/service whilst credit card/plastic money has no sense of emotional feeling attached to it when it is being spent because of the psychological belief that nothing material is being given at the instance of buying. This reason makes people more vulnerable to heavy spending and eventually they end up in critical positions such as bankruptcy (Schor, 1998). Credit card use has overshadowed the entire world economy. According to Federal Reserve G.19 report, the total U.S revolving debt amounted to $793.1 billion as of May 2011 and the total U.S consumer debt as of the same date amounted to $2.43 trillion (Federal Reserve Report, July 2011). The amount of U.S consumer debt increased to 2.45 trillion as reported in the September issue of the G.19 report. Hence it is clearly evident that the expansion of credit led America to severe consumer debts and this debt has not been stopped, the credit is still being offered to the consumers and it is often argued that if this trend continues, the credit card industry would be highly susceptible to downfall and failure that would further lead to another economic collapse. This collapse can be prevented by using credit cards on a minimal level or paying off the dues as they fall due. Credit card companies tend to offer credit cards to customer on increased interest rates in order to reduce its use. This pullback is affecting the creditworthy consumers and it further increases the danger to already endangered banking industry. Credit card companies had to write off $21 billion in 2008 as bad credit card loans, issues like these clearly suggest the credit card industry would definitely affect the economy in a negative manner (Dash, 2008). Finally it is said that the Federal Reserve Bank is also one major factor that can lead to an economic collapse. This is because the Fed has enough power to lend to anyone whom it desires i.e. without the consent of the Barrack Obama’s government; hence only favoured institutions are bailed out when the total economy falls prey to this downfall (The Economic Collapse, 2011). The payment pattern of the credit card debt is such that according to

Improving Health Care Facilities Term Paper Example | Topics and Well Written Essays - 1000 words - 1

Improving Health Care Facilities - Term Paper Example In some cases, patients paid other people to queue on their behalf as they waited for their long-awaited turn to see a doctor. Later on when my turn came, I realized that the long queues were as a result of mismanagement and disorganization at the reception desk. The facility is still using manual filling and patient allocation system to the relevant doctors. This made the attendants at the reception look exhausted hence disinterested in what was happening. The communication channel in the facility can well be described as inefficient. The receptionist shouted the patient name when their turn came to be attended. Other than triggering noise making in the facility hallway, it caused confusion as everyone tried to enquire the owner of the name. In response to such situations, telecommunication application in this facility can best improve their services for instance, installation of microphone communicators. The communicator effectively ensures that the information passed by the reception attendant systematically flows to all hallways in the facility. Consequently, its application ensures organization at the reception since each individual hears their name from wherever they are without much struggle. In effort to reduce the queues, the health facility needs to appreciate the advancement of technology such as the use of computers. Other than reducing the workload at the reception, it organizes the facility’s data in such a manner that each patient’s data appears by the click of a button (Russell, 1927) . Moreover, most facilities now utilize the resources offered by the digital advancements hence offering better services to the respective clients (Julie, Miller & Horowitz, 2010). On the other hand, application of certain frameworks with the intent of improving the facility’s processes best achieves the improvement objective (Teicholz & Ikeda, 1995).  However, focusing on the management of the Information Technology department (IT), the frameworks call for critical assessment first. As a recommendation, the management can start with adoption of technological advancement to increase the efficiency of their department’s services.  

Theory Of Economic Development And North South Relation Economics Essay

Theory Of Economic Development And North South Relation Economics Essay Globalist perspective which believe that market-oriented system and private firms activate to provide a global economic growth, a huge variety of productions and services at lower prices for consumers, energetic environment protections, convenient working conditions at higher wages, protection of human rights and related with maintaining of democratic governments. This paper aims to answer the question of has globalization reduced the North-South gap in economic development with modernization theory through the lens of trade relation, economic growth and Washington Consensus principles. Liberal Theory of Economic Development and North South Relation Technologic improvement of transportation, communication and information infrastructures has been concluded with a phenomenon mostly known as globalization, and it is an increased connection of people and places around the world. There are many indicators that show globalization of goods, capital, and people; World GDP through trade rate (good and services) increased from %42.1 in 1980 to %62.1 in 2007. FDI increased from %6.5 of world GDP in 1980 to %31.8 in 2006. International claim stock (bank loans) according to world GDP increased from %10 in 1980 to %48 in 2006. Cross-border telephone call minutes numbers on basis of GDP increased from %7.3 in 1991 to %28.8 in 2006. The number of foreign workers has increased from %2.4 of the world population in 1965 to %3.0 of the world population in 2005. The impact of the major movement of goods, services, workers and capital on the North-South economic relations has been differently commented by political economists and different perspectives explanations give distinct results. Question of Is globalization positive or negative for the development of the Southern states? indicates the realities about economic gap between North-South. Modernization theory of liberal approach presents main hints about North-South relation on the basis of global economic structure. Developing nations are poor because they are inefficient in economic performances and they must build open markets and invest in human and physical capital. Globalization is a great opportunity for the developing nations. The invisible hand of a market without limitations redistributes the wealth among the nations, leading to economic growth, more efficient allocation of resources, enhanced civil liberties and peaceful relations between states. Free trade is a win-win situati on when it is seen from the comparative advantage perspective. If all countries were to concentrate on those products they can produce most efficiently and the worlds products would increase and everyones standard of living would rise. Development is usually described as improvement in five areas: industrialization, socioeconomic transformation, economic diversification, higher standards of living and urbanization according to liberals. The goals of development are growth, equity, democracy, stability and autonomy. The top priority is economic growth because it makes possible the achievement of all the other goals with spill over affect domestically and internationally. Since global economic integration sets off growth, it is seen as a positive factor. This cornerstone acts into inequalities between North and South growing, while the global economy is expanding. For explaining the gap between expectations and reality, Liberals emphasized a modernization theory, which suggests that t he causes of poverty are not connected to globalization but they are internally related with least developed countries domestic structure. Domestic economic, social and political structures are the key factors for development so a developing country has to carry out a transition from a traditional society to a modern capitalist economy if it wishes to develop. Modern societies are successful because they are more urbanized, dynamic, flexible and willing to adapt. Namely international trade is a basic component of globalization that eliminates or reduces trade barriers like import tariffs. Trade provides national competitiveness and gives host country comparative and competitive advantages and it promotes economic resilience and flexibility. Chart 1 Limitation on international trade like protectionist approach prevents good products at low level and poverty will increase due to restrictions. So it can be said that developing countries can benefit from expansion of international trade. Ernesto Zedillos words, former president of Mexico, In every case where a poor nation has significantly overcome its poverty, this has been achieved while engaging in production for export markets and opening itself to the influx of foreign goods, investment, and technology. claimed that market-oriented economy with global size would alert developing nations (South) to improve domestic economic structure. Cross-border investment has a critical position for industrialization and speed economic growth. Developing countries that accepted foreign investment moved successfully from non-oil commodity exports to alter manufacturing and services exports. And they have generated the highest sustained economic growth during the last quarter of the twentieth century. From 1989 to 1996, foreign direct investment jumped from just $11 million a year to over $5 billion in Poland; from $3 billion to over $10 billion in Mexico; and from $2 billion to almost $10 billion a year in Singapore. Developing countries which have adopted open economic system developed by an average of %4.5 per year in the 1970s and 1980s, while closed economies developed just %0.7 a year. The fastest developing region of the world was East Asia where grew in real per capita income at an annual average rate of 4 to 6 percent since the 1960s. In China, per capita GDP has nearly increased 4 plus since 1980. Since 1972, the poverty rate in Indonesia has been cut in half. Per capita GDP (in U.S. dollars) increased from $163 in 1980 to $235 in 1997. Brazil, Venezuela and India has been reduced their trade barriers from huge amount of tariffs to low level that market oriented structure needs according to WTO principles. And these arrangements have given them sustainable development. Some of the developing nations of the world have driven IMF projects and they have sustainably developed annually. Transnational companies are min figure of globalization and international trade. TNCs are seen as messengers of modernity for underdeveloped countries. TNCs give underdeveloped and developing countries unobserved amounts of capital, technology, management expertise, marketing networks, jobs and tax revenue. Globalization constitutes an opportunity to climb to the top and TNCs help this process. Competition for foreign direct investment (FDI) will lead countries in the North and in the South to try to provide well-educated labour and high-quality infrastructure. Increasing competition will lead to a greater global efficiency and modernization of the developing country. Liberal theories of economic development argue that the existing international market structure provides the best framework for Southern economic development. The major problems of development are caused by the domestic economic policies of the developing countries. It emerge with creation of market imperfections; reduc ing of the productivity of land, labour, and capital; and intensify social and political rigidities. According to liberals the best way to overcome these weaknesses is related with adoption of market-oriented domestic reforms. Convenient internal policies and the international system will increase levels of trade, foreign investment, and foreign aid and this structure can provide a basis for rapid growth and economic development. According to liberals trade is an engine of growth. Specialization that is adaptable with national comparative advantages increases income levels in all countries engaging in free trade. Specialization also encourages higher levels of capital formation through the domestic financial system and increased inflows of FDI. Chart 2Chart 3 From the liberal viewpoint, the correct international Southern strategy for economic development is to encourage those domestic changes necessary to promote foreign trade, inflows of foreign investment, and the international competitiveness of domestic firms. This strategy means that quit from policies that prevent trade and investment flows like high tariffs and restrictions on FDI inflows. Washington Consensus Washington Consensus was introduced in a period when the Keynesian dominance in economic theory and policy had collapsed after the mid-1970s crisis and it indicates that domestic arrangements through the lens of market-oriented structure constitute economic development for developing countries. There is a geographical dimension in the term Washington Consensus. Its policy prescriptions were primarily issued for the Latin American economies in the 1990s, although they subsequently spread to the rest of the developing and less developed countries. John Williamson attracted attention that market oriented structure should have been constituted for developing countries through the lens of Latin American countries. These policy prescriptions can be summarized in ten titles: 1) The imposition of fiscal discipline. 2) The redirection of public expenditure priorities towards other fields. 3) The introduction of tax reforms that would lower marginal rates and broaden the tax base. 4) The liberalization of the interest rate. 5) A competitive exchange rate. 6) The liberalization of trade 7) The liberalization of foreign direct investment inflows. 8) The privatization of state-owned economic enterprises. 9) The deregulation of economic activities. 10) The creation of a secure environment for property rights. The theoretical foundations of these principles can be easily explained as withdrawal of the state from the economy and restructuring of the unobstructed operation of the market economy. On the contrary of Keynesian deficit and expansionary budget system fiscal discipline should be constituted on public activities for providing balanced budget to prevent crisis. Limited public expenditures should support private entrepreneurs instead of concentrating on public works and redistributive policies. Tax system should be arranged to pave the way for business profits that are locomotive of the economy. In addition financial system should be formed as liberal perspective to construct market oriented economic system. Additionally state should give up economic operation so privatizations of all activities and enterprises of state-owned should be provided with state guarantee that there will not be any violations of property rights on the contrary of protectionist and nationalist structure. Pro tectionist measures should be abolished and free trade must be established with a secure position of movement of capital investment. Namely all of these regulation aim to provide economic growth for developing nations through the example of Latin American countries. Washington Consensus principles have emerged on the contrary of protectionist economic system and it also gave up Keynesian liberal views to establish market basis economy. Consensus principles create a growth opportunity for developing countries with free market advantages like win-win position. FDIs on the hands of TNCs directly reach the host countries with open market rules and this opportunity expose a greater development chance for countries itself.

Shakespeares Twelfth Night Essays -- Literature William Shakespeare E

Shakespeare's Twelfth Night A study of William Shakespeare's Twelfth Night, showing how Shakespeare's choice of form, structure and language shape meaning Wit, and't be thy will, put me into good fooling! Those wits that think they have thee do very oft prove fools; and I that am sure I lack thee may pass for a wise man. For what says Quinapalus? 'Better a witty fool than a foolish wit.' Shakespeare's plays were written to be performed to an audience from different social classes and of varying levels of intellect. Thus they contain down-to-earth characters who appeal to the working classes, side-by-side with complexities of plot which would satisfy the appetites of the aristocrats among the audience. His contemporary status is different, and Shakespeare's plays have become a symbol of culture and education, being widely used as a subject for academic study and literary criticism. A close critical analysis of Twelfth Night can reveal how Shakespeare manipulates the form, structure, and language to contribute to the meaning of his plays. Form Through the form of dialogue Shakespeare conveys the relationship between characters. For example, the friendship and understanding between Olivia, and her servant Feste, the clown, is shown in their dialogue in Act 1, Scene 5. In this scene Shakespeare shows that both characters are intellectuals by constructing their colloquy in prose. Characterising Feste, Shakespeare gives him the aphorism, Better a witty fool than a foolish wit. [Feste. Act 1, scene 5] This line illustrates the clown's acumen; and is a delightful example of the way in which he uses language, as well as form to manifest Feste's character. Far from being a fool, the clown is erudite and sagely ... ...been made a fool of by all of them, and also signifies his isolation from the rest of the cast and how he has become a loose end of the play, as everybody else has found love or companionship with another person in the play. After analysing the way in which Shakespeare uses form, structure and language to shape meaning I have come to the conclusion that we are not consciously aware of these techniques when we are the audience. Directors and actors may take these factors into consideration when performing a play, to assist in conveying meaning to the audience. Different directors may interpret the text in different ways, but the play should be performed in such a way that subtle clues help the audience receive messages and understand the complexity of the developing plot, so that we are not obliged to be continually struggling to interpret the text for ourselves.