Tuesday, August 25, 2020

Charles Dickens Diary for Writing Great Expectations Essay Example for Free

Charles Dickens Diary for Writing Great Expectations Essay I can't however completely reprimand the lazy social and good maltreatment in this nation. The will to make a move has encouraged me to compose Great Expectations so as to pounce upon the accursed conditions that exist in England. In this novel, my dear characters are admired so as to intensely stand out from the monstrous social realities that I uncover. For it is completely my expectation to raise the familiarity with these defiling and unjustifiable conditions that we so impassively live with. Goodness what a pity! An anguish without a doubt, that the once harmless and basic Pip might be changed into the pompous and obstinate character he becomes. For what was the explanation behind Pip’s surprising change? Obviously, it is nothing yet the social-class division that takes care of the craving of narrow minded desire. Here in England, the social-class decides how an individual is dealt with and his entrance to training. This most unfair disposition is shown when the in any case uninterested tailor servilely goes to Pip subsequent to knowing about his fortune regardless of turning a brush off to him prior. Is cash enough to transform a man into a mouse? Can any anyone explain why appeal doesn't deserve admiration yet pounds and shillings? In the wake of achieving an immense measure of riches, Pip even starts to treat his dearest companion and defender, Joe, with an unrivaled air. Was Joe not bounty a’ delicate and reasonable for Pip? Had Joe been a lacking companion? In no way, shape or form, twas’ being Pip presently had a place with a higher social class. Not exclusively does social standing decide how one was dealt with day by day, yet in addition had an uncalled for and wretched influence in court thinking in our general public. On account of the two convicts, the principle culprit, an honorable men, expressed with all due respect discourse â€Å"..here you has in advance of you, one next to the other, two people as your eyes can isolate wide; one, the more youthful, very much raised one; the senior, not well raised which is the most noticeably awful one? The most wary and despicable angle isn't the utilization of a name-calling, however the court expeditiously basing the whole choice of the preliminary carefully on this announcement with respect to social appearance. I guarantee you, this isn't exceptional at all in this nation. Preliminaries and questions are unreasonably one-sided and trustworthiness comes affectionately intertwined with class and cash as opposed to rationale and evidence. Ok! Despite the fact that the facts demonstrate that social class assumes a huge job in everyone’s lives, it everything except influences one’s character. One’s character is still left flawless notwithstanding the obstructive society partition. A fair however poor man today will irrefutably hold more truth than a shrewd rich man. Alas’, tragically this is a long way from the case today. The optional explanation that had provoked me to compose this novel was the state of being of London. Being a nearby occupant of London, I bore firsthand observer with the impacts of industrialization. At the expense of clean air and green living space, London changed into a dealer city loaded with employments and individuals. O how I do miss the fresh perfect fields of the open country. This nostalgia was the explanation that incited me to expound on the elucidating settings and clamoring exercises inside the city. Also the packed condition individuals lived in, crude sewage and poor working conditions. Therefore, I am not especially partial to blue-bloods and express this through my characters. Through them, I uncover the dangerous accepted practices, for example, Magistrates courts and the social partition. Too, my suggestive recollections of recognizable settings and my need to investigate the conditions in the city have constrained me to compose this novel. The final result can't resist the opportunity to bring out a feeling of mindfulness and social honesty from the peruser.

Saturday, August 22, 2020

International management Essay Example | Topics and Well Written Essays - 250 words

Universal administration - Essay Example A case in model is the marvel of rejection of youth that happens because of political, monetary and social components. The last and most huge angle is the small scale level detail of working conditions in the assembling plants. Much has been said and expounded on these supposed â€Å"sweatshops†. In this manner, the greatest test before the attire organizations is to guarantee that they break out of this generalization. Q2) Leadership past outskirts implies that regardless of where the assembling plants are and regardless of where the gracefully chain is found, the organization that embraces CSR would do everything conceivable to make its responsibilities to the more extensive society work. It implies that one can be CEO of a firm that is headquartered in the US however has fabricating offices in South East Asia yet, the authority group is focused on CSR any place they have the plants. This implies an all encompassing and frameworks wide way to deal with CSR that incorporates all capacities in an association and all business sectors wherein the organizations work. Consequently, the assignment before the initiative is to treat the world market and the gracefully chain as one coordinated entire and afterward tailor their items and administrations without settling on their responsibility to

Sunday, July 26, 2020

With Reference To Reform, Critically Discuss Provocation And Related

With Reference To Reform, Critically Discuss Provocation And Related With Reference To Reform, Critically Discuss Provocation And Related Defences In The Context Of â€" Essay Example > Roll No: _________Criminal Law, reforms and defences in the context of sex and domestic violencePrior to the early 1970s, domestic violence whether related to sex or any other crime was generally thought of as a private matter. People were left alone to solve their conflicts except in cases of very serious injury. The law was considered to be the last resort in the management of domestic violence, and arrest was only used occasionally as a temporary means of maintaining order. Today it is recognized that the divide between public and private violence is less distinct, and violence between intimates has become a more salient public policy issue than ever before. Increased public intervention within the private sphere has been legitimated by new legislation, new police powers, and changing attitudes towards state intervention. Domestic violence is now, in theory, recognized as ‘real’ crime, and the fact that it typically occurs in the home does not deflect from its status as a c riminal offence. This report will examine and analyze the way in which incidents of domestic violence are responded to up till today by the criminal justice system. It is based on research, which aims to understand the factors, which shaped the decisions made by the police, and the Crown Prosecution Service in the light of policies, and recommended increased intervention in such cases. It examines the extent to which the choices made by police and prosecutors can be understood in terms of evidential criteria and offence seriousness, and the extent to which they are shaped by the informal ‘rules’ of the organizational culture. The roles and criteria of provocation are examined and police officers, prosecutors, victims, and suspects in respect of these considerations are explored. The first developments in public policy concerning domestic violence began in 1975 with the Parliamentary Select Committee hearings on Violence in Marriage. That was the first concerned matter of domes tic violence, which gave birth to an endless series of crimes and is still on its way. Prior to this, police officers had been advised against arresting men who were violent to their partners. Giving evidence to the 1975 Committee, the Association of Chief Police Officers denied the need for any change in their service: ‘Whilst such problems take up considerable police time. . . in the majority of cases the role of the police is a negative one. We are, after all, dealing with persons bound in marriage, and it is important, for a host of reasons, to maintain the unity of the spouses’. The Domestic Violence and Matrimonial Court Act 1976; the Housing Act 1977; the Domestic Violence and Magistrates Act 1978; and the Matrimonial Homes Act 1983, all provided reforms for the eviction of violent men, their arrest for a breach of an injunction and the rehousing of victims of domestic violence. During the 1970s and 1980s, in the United Kingdom, the feminist movement had put the issue of men’s violence against women in the home on the public agenda (Stanko, 1989). In doing so, it created the environment for government change and for empirical studies of the character, prevalence, and incidence of domestic violence as well as assessments of the response of the criminal justice system. Hence, a plethora of studies on domestic violence emerged. (Hoyle, 1998)

Friday, May 8, 2020

Walmart Ethics Paper - 1336 Words

Walmart Manages Ethics and Compliance Challenges Regina Fernanders Professor Ziegler Ethics and Advocacy for HR Professionals April 26, 2015 Walmart Manages Ethics and Compliance Challenges Examine the manner in which Walmart’s business philosophy has impacted its perception of being unethical towards supply and employee stakeholders. Provide one example of Walmart in an unethical situation. Wal-Mart stores, Inc. is the world’s largest retail enterprise. It is also the world’s largest employer. Mr. Walton the founder of Walmart always believed that customer service and low pricing where the main ingredients for a successful company. Mr. Walton had a 10 foot rule from the beginning which meant that if his employees where within†¦show more content†¦By aligning their business strategies with their human resources practices, Wal-Mart can accomplish their 7 overriding strategies, which are price, operations, culture, key item/products, expenses, talent and service (Kampf, C. 2007.) HR strategy to allow the lowest possible price is to focus Wal-Mart’s employees to do everything they possibly can to hold down costs. To foster a cult ure committed to business Human Resources goes far and beyond to make sure they are aligned with the stores practices and policies. During the first week of employment newly hired managers go through cultural orientation, which includes working in a Wal-Mart store serving customers and seeing firsthand what employees do all day. They also attend a week long cultural training at the Walton Institute. HR arranges for all new managers to go through this cultural indoctrination to acclimate them to the Wall-Mart way of doing things. Analyze two (2) of the legal mandates that workers and U.S government has accused Walmart of violating. Provide an explanation as to why these legal mandates were violated, citing specific violations. Walmart claimed that the closing of a unionized store in Quebec was closed for economic reason. However those claims were denied because there was evidence that the store would reopen. The finding were that the court did not find the closing of the store in to be real, genuine and definitive under theShow MoreRelatedThe Values And Attitudes Of Walmart s Business Situation Deals With A Lot Of The Overall Ethics1096 Words   |  5 Pagesoverall ethics. This paper will discuss some situations that comes in walmart .ethics. This paper will include clear definitions of organizational values and a description of the organizational values of Wal-Mart. This research is conducted to understand the success of Walmart’s employment rate. The values and attitudes will be related to some examples of other companies and how Walmart was successful. Some arguments that will be addressed in this research paper is basic and common. Walmart is theRead MoreEthics and Compliance Paper1621 Words   |  7 PagesWalmart is one of many companies who report its filing with the United States Securities and Exchange Commission. The purpose for writing about Walmart s Ethics and Compliance paper is to inform the reader about Walmart s important compliance processes. SEC filings, analysis of financial statements, requirement for certification and legal proceedings will be explained throughout further reading. Procedures for Ethical Behavior Walmart has an official statement of ethics which is meant to beRead MoreBus 110 : Fall 20151444 Words   |  6 PagesBUS 110 – Fall 2015 Final Project, due 12/9 This assignment allows you the opportunity to examine a publicly traded company. Required: 1. What is the name and mission statement of the company? a. The company’s name is Walmart and their mission statement of the company is ( â€Å" We save people money so they can live better†) 2. 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Rawls Capella University Foundational Skills for Business Leaders Professor Chris Banescu May 24, 2015 World Wide Walmart 2 Abstract In today’s world, being in the media is very important when trying to gain a vast customer base online. According to Pozin (2014), a great social media presence is now essential to businesses both large and small. Consumers are looking at company’s social media accounts using theRead MoreThe Heart Of Atlanta Motel V United States1273 Words   |  6 PagesDuane Unit II Assessment Briefing Paper 1: Critical Legal Thinking The heart of Atlanta Motel v United States was a very sensitive case during the 60’s with uprising of racial equality separation. Under commerce clause with Title II of the 1964 Civil Rights Act shows congress didn’t unconstitutionally exceeded its power. The civil rights act of 1875 was a generic regulation that didn’t help race relations in the US against minority rights and race relations. White individual took advantage overRead MoreWalmart Marketing Strategy1485 Words   |  6 PagesBusiness principles | Final paper | | Deborah kwaghko | 12/12/2011 | I selected WALMART and fully discussed 5 of the 8 marketing strategies for groceries, apparel and electronics. Also discussed is its credo/code of ethics and lastly its social responsibility. | 1. TARGET MARKET: As discussed, target market is a group of potential customers in which a company directs its marketing efforts. A company should always anticipate consumers’ needs and work towards fulfilling these needs. ItRead MoreWalmart Corporation s Labor And Employee Relations1700 Words   |  7 PagesIntroduction As stated on the corporate website (2017), â€Å"Walmart is the largest retailer in the world, where 2.3 million associates meet the needs of more than 260 million customers every week.† These numbers are huge, and with so many locations around the globe, they have had allegations been made by employees regarding their dissatisfaction about poor work conditions, gender discrimination, low wages, poor benefits, and inadequate health care. Walmart has been criticized for its policies against laborRead MoreSweatshop1017 Words   |  5 Pagesargument, and the evidence was very creditable and believable. I can use them in my paper to prove that sweatshop conflict with the moral standard, especially in the third world. Norton, S., Green, B. (2011). Reading. In. W, Anne M. Laura ( Eds.), Essay essentials with readings (pp. 317- 319). Toronto, ON: Nelson Education Ltd. The article exposed the truth of Walmart’s low prices. The author indicated that Walmart increases profits by paying low wages and benefits to its employees. HoweverRead MoreWalmarts Annual Reporting817 Words   |  3 Pagesthe companys growth to its position of power within the world market (Walmart Corporate, 2012). Yet Wal-Mart has come under intense criticism for some of their operating practices in regards to their employees and their environmental record. This paper will analyze Wal-Marts performance over the last couple of years. Ethics and Compliance Wal-Mart has made great strides to treat the environment in an ethical manner (Walmart Corporate, 2012). However, Wal-Marts business model provides many challenges

Wednesday, May 6, 2020

Lewis Carroll English Paper Free Essays

Lewis Carroll is an important English writer because of his position in English literate ere, and his many arks, such as his novel, â€Å"Lice’s Adventures in Wonderland,† have impacted o r influenced some writing styles of today. There was a lot of controversy that was consistent throughout Lewis Carol’s I fife. This is what made him such a unique English writer. We will write a custom essay sample on Lewis Carroll English Paper or any similar topic only for you Order Now Charles Dodson was born on Jag unary 27,1832 in Treasury, Cheshire, England. Later known by his pen name Lewis Carroll. Lee wise Carroll changed his name because he thought that the people reading his mathematic CSS books would find it odd to find the same author having written fictional books. This would make e a difference in his various styles of books. At age 20 he was awarded a scholarship to Christ Cool egg. Apart from being a lecturer in mathematics he was a photographer and wrote many essay yes and poetry. Carroll was shy, but that didn’t stop him from enjoy creating stories for child en. Carroll suffered from a bad stammer, but found himself vocally fluent while speaking with chill drew. The relationships Lewis Carroll created with young children was of great interest n most of his well known writings. For example Carroll told tales of dream worlds later written d own due to the request of Alice Lidded, a young girl who loved to listen to his stories. The stop rye was later coincidentally found by Henry Kinsley who urged Carroll to publish what is k now to us now as Notwithstanding such criticism, Lewis Carol’s work and popularity remains la argyle undiminished. The place of Lewis Carroll in Children’s Literature/ Alice Beyond Wonderland: Essays for the Twenty First Century; written by Christopher Hollingsworth. The e text had generated many cultural complex episodes and images. The short story; Lice’s Adventures in Wonderland story contains in very high detail words that form imagery. Therefore, very s mall broken down literature made up sentences. For this reason, Victorian texts AR e formed Sentences that contain allusions and retelling. Agree with the criticism’s argument beck cause I know that by reading , Lewis Carroll does an amazing job with detail considering it was written as a classic children’s story. Having considered Lei s Carol’s writing style , it is also reasonable to look at the way he consistently used metaphors. In Allies Adventures in Wonderland, Alice changes size throughout the story. At first SSH e is too big to fit in the little door into the beautiful garden. Similarly, in Down the Rabbit Hole, is a term that homebodies exploring the world and being adventurous. Lastly, Through the Looking Glass, Sis good metaphor for using a piece of glass to look back at yourself. It is important to note however, that Lewis Carroll was a man of mystery. Bess des the fact that he has a pen name, his novels contain very fictional scenarios. Lewis Carr loll’s work, Lice’s Adventure’s in Wonderland , stands in the category of nonsense literature. Many authors argue that the novel contrasts with the standard moralistic literature of the Victoria n times. Lewis uses nonsensical concepts and words in his stories in order to create a mood of w musical and a fantasy. His books Lice’s Adventure?s in Wonderland ; published in 1865 and Through the Looking Glass ; published in 1871 have been published since 150 years ago. The novel control acts with the manta amounts of widely moralistic children’s literature during this it me. Lewis Carroll was surrounded and perhaps influenced by many authors during that time pee riot. This may have included Hawthorne and Emerson. For a while Lewis Carroll was forgotten UN till his wonderful book was published thus allowing his work to be widely known to this day. Lewis Carroll Was a man of many talents and was known greatly throughout A Rican literature as a remarkable author, artist, mathematician, teacher, and poet. How to cite Lewis Carroll English Paper, Papers

Tuesday, April 28, 2020

Skills of Conflicts resolution Essay Example

Skills of Conflicts resolution Essay This work focuses on the conflicts and conflict management mechanisms that arise at the levels of plants and workplaces. Traditionally, this type of dispute resolution has been a major area of interest for scholars in industrial relations, so much research has been done on this topic (Halpern 1992). But major changes have been occurring in the basic characteristics of business relations in the United States because of efforts directed at increasing cooperation between labor and management. This changing context for dispute resolution requires a reexamination of our understanding of how business relations systems now operate. One purpose of this work is to discuss the broad nature of multi-criteria conflict resolution, rather than focus on the litigation and legal policy conflicts that are usually emphasized. Another purpose is to compare different types of conflict resolution, including negotiation, mediation, empathy, and other skills of conflicts resolution. The conflict discussed here provides insights into significant model cases occurring in the management by reviewing the developments of interacting of a buyer with a seller.A significant and growing minority of the more sophisticated managers and their lawyers is coming to recognize that, for many conflicts, various alternatives offer the possibility of producing better results than do trials. Judges are constrained by the need to respond to the issues as they are presented by the litigants attorneys and to follow legal precedents. They often lack the technical or managerial expertise that may be required to understand technical conflicts. These straightjackets need not confine private mediators, neutral experts, or arbitrators. As they become more personally involved in the business of resolving conflicts, some managers are recognizing that they can apply their own business knowledge and creativity to developing solutions better suited to their needs than courts and lawyers alone could devise.Disputes be tween business firms are mainly consumer disputes in the sense that one business firm is a seller and the other is a buyer. This is a very different kind of dispute than the kinds of disputes covered under the consumer dispute category, which mainly involve retail stores and individual buyers. These two kinds of consumer disputes raise an interesting equity question. If the individual buyer is cheated by a retail store, the individual buyer may have to wait months to obtain justice in a traditional courtroom or small claims court, assuming the consumer pursues the matter through the legal process. On the other hand, the business firm as a consumer may arrange to hire a judge as part of the modern commercial arbitration process. At first glance, this practice might seem unfair, and perhaps should be a stimulus to some kind of restrictive legislation. At second glance, commercial arbitration may be socially desirable. The types and complexity of cases going to court also have increase d (Mills 1990). Claims for injuries to consumers by products manufactured or sold by business, for workers exposure to occupational hazards, and for damage to the environment, all of which have grown in number, involve complicated causal relationships and scientific uncertainty.A conflict between two business firms usually involves a buyer-seller relation. Suppose a seller sells a buyer some bad upholstery or upholstery contrary to specifications. Both sides might have a fair chance of winning in court. A buyer could argue that it was sellers fault and that the specifications were not sufficiently clear. The seller could argue that the specifications were clear but the buyer did not comply. They could spend a lot of money fighting each other. The seller then loses what may have been a good source of upholstery. The buyer loses a good customer, and everybody winds up substantially worse off than before.When the seller and the buyer affirmatively attempt to resolve conflicts (rather t han walk away), the most typical way to do so is through negotiation, through which people try to settle their own disputes (Vayrynen 1991). As attempts at settlement progress along the spectrum, outsiders become involved in increasingly active ways, through mediation or some hybrid involving elements of predicting outcome. As outside participation increases, the disputing parties surrender more and more power to resolve their own disputes. Their surrender reaches its ultimate at the far right of the spectrum with adjudication, where outsiders are given the power to make binding decisions for the parties. Arbitration most often is conducted in private, through private decisionmakers. In other forms of adjudication, those decisions are public and are made by public bodies, namely courts or administrative agencies. (Legislatures also make binding, publicly enforceable decisions.) People who use one or more of the various techniques for set ling disputes generally attempt to preempt su ch decision-making through their own agreement. The basic processes for settling disputes are negotiation, mediation, and adjudication.The commercial arbitration approach seeks to work out traditional compromises that are better, but not necessarily super-optimum solutions. A super-optimum solution in the business would might involve some kind of a merger of interests that go beyond the immediate sale. The seller would perhaps like to own a company that makes upholstery, and thereby cut out the middleman and the profits that go to some other company. The buyer would perhaps like to own a company that makes cars, thereby having a large market for its auto upholstery.In negotiation, one side is probably going to win and the other side is going to lose. The loser is likely to be bitter. The winner may feel guilty or disrespectful to the loser. In general, the results are likely to be increased friction. In mediation (especially super-optimum mediation), there is a good possibility of t he problems being resolved to the point where new problems have to occur in order to have a dispute, rather than a reviving of the old conflict. In empathy there is also a winner and a loser. Having disputes resolved by a professional third party has been an important advance in the development of world civilization over the parties resorting to violent resolution or tactics in which the winner is determined by might or power, rather than the rule of objectively administered law. It is, however, ironic (or maybe part of normal world progress) that we now seem to be at a stage where what was considered such an advance in the past is now being substantially improved upon by the mediation perspective (Musambachime 2001). This perspective emphasizes everyone coming out ahead. It also emphasizes preventive action. It is in conformity with a quality of life in which resources are not so scarce, and there is continual economic growth. This kind of expansion facilitates mutually beneficial solutions, even super-optimum solutions, where all sides come out ahead of their best expectations.A critical negotiating skill is the ability to identify the negotiators own as well as other parties interests. In order to do this, interests, or underlying needs, must be separated from positions, the public stands the parties take concerning the issues in dispute. Parties should ask themselves and one another why they care about a particular issue. The answer may well reveal their underlying needs.For example, if an employee asks for a raise, does she need the money? Or does she believe that she currently lacks the prestige her contributions should bring? Or does she consider herself unfairly treated as compared with other employees, who she believes do work of the same or less importance? Is the employers position based on financial or equitable considerations? Do the parties have different views of the employees performance or her value to the company? Generally, each party to a negotiation will have several different interests, which need to be ranked in priority order. Once priorities are understood, it may be possible to devise trade-offs of issues that are unimportant to one party but critical to the other.If the parties can agree on standards, or neutral principles, to govern their settlement, agreement on substance will be easier. It also may seem fairer and less arbitrary. Examples of standards parties might agree to are laws, court decisions, technical specifications, or regulations; neutral appraisals of property to determine values; blue book prices for automobiles; and methods such as letting the person who does not cut the pie choose the first piece.There are several important truths or truisms about the role of negotiating as a technique in dispute resolution between buyer and seller. First, it seems by far the most common dispute resolution technique in this sector of relations. This should be an unsurprising point to make in the context of a functioning social community, particularly one based largely around exchange activities of various kinds. It helps explain the plethora of instructional manuals on the topic, largely geared to the business world. However, most such manuals rightly observe in their introductions that we are in fact negotiating a great deal of the time in human encounters although we may refer to it by other labels— influencing, persuasion, argument, putting our point of view across, sorting things out, being diplomatic, and so on.Negotiating is a basic means of getting what you want from others. It is back-and-forth communication designed to reach an agreement when you and the other side have some interests that are shared and others that are opposed. In our case the parties value the agreement or relationship more highly than they do the values embodied in relevant legal rules. Second, even in those disputes where the parties’ relationship is such that a failure of negotiation has led them to enter the adversarial system of litigation, nevertheless most such cases still end up by settling through negotiation before the forum of adjudication is reached. Studies in the United States and the UK repeatedly demonstrate that over 90 per cent of civil actions end up as out-of-court settlements.In addition, the various parties to a dispute have a range of options in achieving their goals. These include using the legislative arena, regulatory agencies, the courts, or even a decision not to do anything (stalemate). A choice of options is dependent upon a groups power, resources, and a cost-benefit analysis of one option over another. The notion of countervailing power is vital. A party lacking some form of countervailing power is at the mercy of stronger groups.Successful negotiations usually include a limited number of parties. This limited number of parties is both a strength and a weakness. A small group can more easily negotiate, but those interests left out may conte st this result. The limited number of parties is the basis for looking at regulatory negotiation as corporatist in nature.The issue should be mature, a concrete question on which the agency is ready to issue a rule. Related to this is the criterion that the decision be inevitable: if the groups do not negotiate a recommendation, then the agency will issue a rule through traditional processes. The issue should be a non-zero-sum game, or a win-win situation: every party should be better off than if it had not participated. Otherwise, there would be no reason to participate. There should be multiple issues, so that there is something to trade. Research should not dictate a result; although research (and information in general) is important, there generally should be no fundamental research needed that would settle issues. Finally, the agreement should be implemented; the agency should use the agreement, and therefore may (but not necessarily) be part of the negotiations.Mediation/arbit ration (med/arb) is used by disputants who want a binding decision if they cannot agree (Avruch 1991). The third party mediates, then if an agreement is not reached, decides the dispute. The same person often is used to mediate and arbitrate so that the parties do not have to start over if they cannot resolve their dispute in mediation. A person performing both functions is not supposed to use any confidential information learned during mediation in reaching the arbitration decision. But no one knows whether such information actually can be excluded from the arbitrators mind or, conversely, whether the knowledge that the mediator eventually may make a decision prevents the parties from sharing confidential information in the first place. Consequently, some disputants (and many neutrals) prefer to use a different person to arbitrate if they fail to settle in mediation.The third-party techniques can be used directly to assist parties to reach their own agreement, including for example judicial settlement conferences or expert opinion. The domain of ‘assisted’ or ‘structured’ negotiation or settlement is of great interest because the method retains the value of a consensual settlement (therefore offering what is often a more satisfying, sophisticated and stable settlement than a ‘win-lose’ trial verdict) while smoothing the path towards such settlement by means of third-party intervention (Gleason ; Sandra 1997). Of the techniques proposed, the main category of third-party intervention is mediation, although such mediation can take a number of forms, for example voluntary or court-ordered. Sometimes the term ‘conciliation’ is also used. The difference normally drawn between the terms—in one case, the third party seeks to encourage the parties to reach their own agreement (conciliation), in the other case the third party makes positive recommendations for settlement (mediation)—is often a little con trived and difficult to distinguish in practice (Vayrynen 1991).All this material is relevant to the more specifically focused problem of litigation mediation and to the more broadly based problem of mediating any kind of conflict. These concepts can facilitate litigation settlements or other kinds of settlements. The multi-criteria aspects are especially helpful when the settlement involves a package arrangement with one side giving on a number of matters that are not so important to it, but are important to the other side. It is the multicriteria aspect that is most important. The other concepts are basically visual or conceptual aids that enable the parties to see more clearly how the multi-criteria package is in their best interests.The mediator has the same advantage as the arbitrator as far as informality and quietness, but not the disadvantage of having to think in terms of a rightwrong dichotomy. The mediator can try to find right on both sides and work out a settlement that can (if done well) be better than the best expectations of either side. Mediation is a popular dispute resolution process in business law cases, and has even been made mandatory in some states (Rabie 1994). Like arbitration, it is a less formal procedure than litigation and involves the activities of a neutral third party. Often the experienced mediator can help the parties create solutions that neither had thought of individually.Either type could be rated as effective. Successful negotiating, in other words, is not associated particularly with one orientation, but can be demonstrated in either mode. What distinguished the effective negotiator from the ineffective? Amongst the important qualities of the effective co-operatives are their desire to get a fair settlement, avoid litigation and at the same time maximize settlement for the client. The ineffective co-operatives, on the other hand, lack perceptiveness and are not convincing, realistic or rational. Effective competitives a re tough in negotiations, and sought to maximize settlement for the client (and their fee) and outdo or outmaneuver their opponent. They treated negotiating as a game to win by getting the better of the other side. Ineffective competitives, however, are described as irritating, headstrong, unreasonable, arrogant and obstructive, lacking the perceptiveness and realism of the effective competitiveness.In contrast to the friendly, trustworthy approach of the co-operative/effectives, effective/competitives are seen as dominating, competitive, forceful, tough, arrogant, and uncooperative. They make high opening demands, they use threats, they are willing to stretch the facts in favor of their clients’ positions, they stick to their positions, and they are parsimonious with information about the case rather than seeking an outcome that is ‘fair’ to both sides, they want to outdo the other side; to score a clear victory (Ross ; Stillinger 1991).The key qualities which e ffective competitives and effective co-operatives share are that both seen as experienced (hence confident), ethical and trustworthy (despite the competitive’s tough gamesmanship), observed professional customs, are in general realistic, rational and analytical, were fully prepared on facts and law, are legally astute, self-controlled, perceptive and skilled at reading their opponent’s cues (Kramer, Newton, ; Pommerenke 1993). Also both are creative, versatile and adaptable—effective competitives are apparently tough but not obstinate.The study is a major landmark in studies of legal negotiations, both for its strong empirical base, and for its capacity to deal with the complexities of ‘effectiveness’ in negotiation and the relations between negotiating styles, settlement and litigation (Burton ; John 1990). The two orientations identified have their advantages and disadvantages, particularly if not handled effectively, and even then the effective t ough negotiator may have to live with a lower settlement rate. More lawyers, however, are co-operative in orientation, and more co-operatives are ‘effective’. A major saving in trial time could be made if one were to improve the negotiating skills of ineffective negotiators.Conflict is an integral part of individual life and of intergroup and interstate relationships. Conflict can never be eliminated; it can only be managed to minimize its negative impact, reduce its intensity, and facilitate its positive role in human development. Conflict resolution or eradication is not an alternative because it translates into the elimination of choice and perceptual difference. This goal is neither feasible nor desirable. The best we can do is to learn to live with conflict. Conflict resolution is not a process to eliminate conflict but to vastly moderate its intensity and impact, eliminating the negative and reducing conflict to a subconscious force that continues to motivate peop le but does not dominate their outward attitudes and intergroup relationships.

Thursday, March 19, 2020

Eradicating Poverty essays

Eradicating Poverty essays Poverty is a complex multidimensional problem in which Chapter 3 of Agenda 21 provides the outline for a comprehensive attack. To promote better standards of living in a better global environment, Agenda 21 stresses the need for poverty eradication as the priority among problems hindering sustainable development. The current internationally excepted description of poverty is very clear and specific. Mark Mallock Brown, United Nations Development Program (UNDP) Administrator, described the poor as people who are "lacking adequate food, shelter, water and sanitation" (Global Dialogue). More than 1 billion people, or about one fifth of the worlds population live under conditions of extreme poverty. Of the 4.6 billion people in developing countries, almost 800 million are not getting enough food, more than 850 million are illiterate, and over 1 billion people lack access to clean water supplies. The world's poorest countries, most of them in Africa, contain 10 percent of the world's population. Their share in global trade is not even a percent, stressing their dire need for financial and technical assistance on long-term and almost interest free, if not non-refundable, aid (Combating Poverty). Anna Koffi, United Nation Secretary Genreal said, The poor are seldom poor by choice. Very few people in this world enjoy living on handouts. Most poor people know they are quite capable of earning their living by their own efforts, and are eager to do so. But they must be given a fair chance to compete (Statement on the challenge). Most poor people cannot overcome their problems because they do not have access to adequate resources and support. I believe we need to reduce poverty by implementing solutions so that the poor can overcome poverty. The population growth is fastest among the poorest and in the poorest countries; and in the recent years, poverty is among the most significant contributing factor to environm...