ADR has been accorded a prominent role in Essays

ADR has been accorded a prominent role in Essays ADR has been accorded a prominent role in Essay ADR has been accorded a prominent role in Essay The Civil Procedure Rules were introduced in 1999 following Lord Woolf’s scrutiny of the civil justness system and his 1996 study, ‘Access to Justice.’ In this study, Lord Woolf identified a figure of jobs with the civil justness system. First, it was excessively expensive, instances were plagued by hold and clip bounds were on a regular basis ignored. Woolf besides identified inequality between litigators, more specifically, between the wealthy and those with fewer fiscal resources. The system was expensive, complex and confusing and this deterred many with a legitimate instance from conveying proceedings. In short, the system did non offer satisfactory entree to justness. Lord Woolf identified assorted rules by which the civil justness system should be governed. He argued that the system should be merely and just and trade with instances sensible rapidly at a sensible cost. In order to run into these aims, he recommended a figure of reforms including promoting the usage of alternate difference declaration ( ADR ) . In advancing the usage of ADR, Lord Woolf was admiting the fact that the tribunals are non ever the best forum in which to decide differences. The adversarial nature of the system makes for an intimidating ambiance, adding to the emphasis felt by the parties. The test, will necessarily intend that one party is on the losing side as the tribunal decides between them. Tests can besides convey unwanted promotion since most hearings will be in public. In the commercial sphere, there may good be a desire to maintain sensitive information out of the public sphere and ADR is one manner of making so. Lord Woolf sought to increase the usage of ADR and wanted judicial proceeding to be viewed as a last resort. As a consequence, regulation 1 ( 4 ) ( 2 ) ( vitamin E ) of the Civil Procedure Rules encourages its usage where appropriate. There are assorted different types of ADR including arbitration, conciliation and mediation. Mediation is a type of facilitated dialogue. It can be used to decide differences in many different countries including little claims, divorce and lodging instances. An independent and impartial 3rd party, the go-between, is appointed in order to help the parties to make a reciprocally acceptable decision to their difference. Mediation itself normally takes topographic point in a impersonal locale, frequently chosen by the parties. The usual construction is to get down by specifying the issues, researching the possible options and so holding a solution. The function of the go-between is to ease the procedure, assisting the parties to come on through each phase. There are different types of mediation that may be used by the parties. ‘Evaluative mediation’ involves the go-between measuring the legal strength of a instance, proposing possible results and directing the parties towards a solution. ‘Facilitative mediation’ , on the other manus, requires the go-between to play a less active function, regulating the procedure itself, instead than proposing possible results. Any understanding reached through mediation will non be lawfully adhering but will be considered as a contract between the parties, with the usual redresss available for breach. The usage of mediation has been facilitated by the CPR, as the increased work that is required to be completed anterior to the issue of a claim means that all parties are intelligent as to the issues involved and hence in a better place to measure the strength of their instance. As such, mediation is a more executable chance than it was under the old system. When this is added to the court’s responsibility under the overruling aim of the CPR to ‘actively manage’ instances, it could be said that the CPR goes beyond the encouragement of mediation into the kingdom of irresistible impulse. Indeed, in the instance of Kinstreet Ltd V Balmargo Corporation Ltd. [ 1999 ] , [ 1 ] the tribunal really ordered mediation despite the expostulation of one of the parties involved. The tribunals took a similar attack in Muman v Nagasena [ 2000 ] [ 2 ] and in the same twelvemonth, the instance of R ( Cowl ) v Plymouth City Council [ 2001 ] [ 3 ] was heard. It was the position of the tribunal that this instance should non hold been dealt with by manner of judicial proceeding but alternatively through mediation, with the lower limit of engagement by the tribunals. Indeed, Lord Woolf stated â€Å"Without the demand for the vast costs which must hold been incurred in this case†¦ the parties should hold been able to come to a reasonable decision as to how to dispose of the issues which divided them. If they could non make this without aid, so an independent go-between should hold been recruited to help. That would hold been a far cheaper class to follow. Today sufficient should be known about ADR to do the failure to follow it, in peculiar when public money is involved, indefensible.† [ 4 ] Clearly, in this instance, the position of the tribunal was that mediation was immensely preferred to the usage of judicial proceeding. Indeed, Lord Woolf maintained that the instance would hold served some intent if it made clear to attorneies that they should merely fall back to judicial proceeding if it is â€Å"really unavoidable.† [ 5 ] In Hurst V Leeming [ 2001 ] , [ 6 ] the claimant sued his barrister for professional carelessness. The tribunal held that there was no sensible chance of the instance succeeding and so entered judgement against him. The suspect had offered to travel to mediation at an early phase in the instance but the suspect barrister refused. Following the judgement, the issue of costs arose and specifically whether the claimant should run into the disbursals of the suspect given the refusal of mediation. The tribunal held that they key factor was whether the mediation had a existent chance of success. Since this was non found to be so on the facts, the tribunal decided that the defendant’s refusal to go to mediation was sensible and he was hence entitled to retrieve his costs from the claimant. The findings of the tribunal in this instance suggests that whilst the value of mediation was recognised, its usefulness must be viewed objectively and the tribunals will non promote it by punishin g a party who refuses the chance to take portion if there was no chance of the difference being resolved by it usage. In Dunnett v Railtrack Plc [ 2002 ] , mediation continued to be encouraged by the tribunals, with the recognition that â€Å"skilled go-betweens are now able to accomplish consequences satisfactory to both parties in many instances which are rather beyond the power of attorneies and tribunals to achieve.† [ 7 ] Again, mediation was encouraged in the instance of Cable A ; Wireless v IBM [ 2002 ] [ 8 ] , when it was stated by Mr Justice Colman that â€Å"There is now available a clearly recognised and well-developed procedure of difference declaration affecting sophisticated mediation techniques provided by trained go-betweens in conformity with processs designed to accomplish colony by the agencies most suited for the difference in question.† [ 9 ] This is clearly an indorsement of the mediation procedure and a certain a publicity of its usage. By the clip that the determination was made in Shirayama Shokusan Co Ltd V Danavo Ltd [ 2003 ] , [ 10 ] repeating that in both Kinstreet and Muman, it seemed as if the difficult line attack of the tribunals rendered engagement in mediation compulsory. The tribunals did, nevertheless retreat from this place in Halsey v Milton Keynes General NHS Trust [ 2004 ] [ 11 ] when an entreaty was made against the award of costs to the suspect who had refused several offers to intercede. Lord Justice Dyson declared that â€Å"It is one thing to promote the parties to hold to mediation, even to promote them in the strongest footings. It is another to order them to make so. It seems to us that to compel genuinely unwilling parties to mention their differences to mediation would be to enforce an unacceptable obstructor on their right of entree to the court.† [ 12 ] In instances since Halsey, including Burchell v Bullard A ; Others [ 2005 ] , [ 13 ] the tribunals have maintained their reserve to do mediation compulsory but have however continued to promote it, non least by the menace of costs countenances against parties who refuse an offer to intercede. In decision, it is true to state that ADR has been accorded a outstanding function in the reformed civil justness system since the debut of the Civil Procedure Rules, with their accent on judicial proceeding as a last resort. The usage of mediation has besides been greatly encouraged through instance jurisprudence and even reached a point when it was considered compulsory. Since so, nevertheless, the tribunals have retreated a small but however are still actively advancing the usage of mediation to decide differences. Bibliography Bailey C. A ; Datnow G. ‘Mediation from the Advocates Seat.’ 155 NLJ 728 2005 Brooker P. A ; Lavers A. ‘Commercial and Construction ADR: Lawyers Attitudes and Experience with Mediation.’ [ 2001 ] Civil Justice Quarterly, Vol. 20, 327-47 Brooker, P. A ; Lavers, A. ‘Mediation Results: Lawyers Experience with Mediation , Pepperdine Dispute Resolution Journal, ( 2005 ) Vol. 5 No.2, 161-213 Cornes, D. Commercial Mediation: the impact of the Courts ( 2007 ) 73 Arbitration 12-19 Gibson, W. ‘Mediate or Pay the Price.’ 157 NLJ, 166, 2007. Lightman, G. ‘Mediation: An Estimate to Justice.’ Vol 73, no. 4 Nov 2007, 400-402 Mackie, K. ‘Mediation Rocket Science.’ 156 NLJ 747, 2006. Prince, S. ‘Negotiating Mediation.’ 156 NLJ 262, 2006 Sautter, E. ‘Halsey: Mediation One Year On’ 155 NLJ 730, 2005 Sime, S. A Practical Approach to Civil Procedure. 10Thursdayedition. Oxford: OUP, 2007 Williams, V. Civil Procedure Handbook. Oxford: OUP, 2007 The European Convention on Human Rights ( ECHR ) was signed in 1950, coming into force in 1953. The large-scale maltreatment of human rights during this period gave rise to a desire to guarantee that in the hereafter, cardinal rights would be afforded equal protection. The Council of Europe produced the ECHR, a acknowledgment that international support was required if its purposes were to be realised. The UK Human Rights Act was passed 1998 and requires public governments to transport out their activities in a manner that is compatible with the Convention rights. ECHR rights are set out in a figure of Articles. Article 6 of the Convention provinces: â€Å"In the finding of his civil rights and duties or of any condemnable charge against him, everyone is entitled to a just and public hearing within a sensible clip by an independent and impartial court established by jurisprudence. Judgement shall be pronounced publically but the imperativeness and public may be excluded from all or portion of the test in the involvement of ethical motives, public order or national security in a democratic society.† [ 14 ] Article 6 applies non merely to tribunal proceedings but besides to other types of hearings including arbitration. Arbitration is a method of alternate difference declaration that enables parties to decide instances without resort to the tribunals. Arbitration involves an independent and impartial 3rd party or ‘arbitrator’ whose function it is to make up ones mind the result of the difference. Arbitration is normally used to settle consumer and industrial differences but is may besides be used to find others types of instances and so, many commercial contracts contain a clause that requires the usage of arbitration prior to the beginning of tribunal proceedings. The Arbitration Act 1996 sets out the model for the usage of arbitration. Section 1 of the Act provinces that â€Å" ( a ) the object of arbitration is to obtain the just declaration of differences by an impartial court without unneeded hold or disbursal ; ( B ) the parties should be free to hold how their differences are resolved, capable merely to such precautions as are necessary in the public involvement ; ( degree Celsius ) in affairs governed by this Part the tribunal should non step in except every bit provided by this Part.† [ 15 ] Arbitration, as an alternate declaration difference procedure, is by and large less formal than proceedings at tribunal. Arbiters can be more flexible than the tribunals in their attack and parties can hold a much greater say in the behavior of proceedings, so, it is normally the parties who will hold chosen the arbiter, or at least agreed upon how they are to be chosen. In footings of the arbitration proceedings themselves, the arbiter may make a determination without a hearing, based upon the documental grounds submitted by both sides. In other instances, there may be a full hearing, complete with witness testimony. Despite the less formal nature of the procedure, nevertheless, the determination of the arbiter will normally be lawfully adhering. The determination takes the signifier of an ‘award’ and will normally be accompanied with the grounds why it was made. The award will be enforced by the tribunals if necessary. Once an award has been made by the arbiter, there are few options for entreaty. Even a brief consideration of arbitration suggests that there is possible struggle with the procedure and the commissariats of Article 6 ECHR. Arbitration is normally conducted in private and therefore may conflict with the demand under Article 6 for a ‘public’ hearing. Additionally, depending upon the peculiar procedure employed, the choice of an arbiter may conflict with the demand that the tribunal hearing a instance must be ‘independent and impartial.’ In several recent instances, the tribunals have been asked to find whether the UK arbitrational procedure is compatible with Article 6 of the ECHR. In Stretford v Football Association Ltd and Another [ 2007 ] [ 16 ] the claimant was a football agent who faced Football Association disciplinary proceedings. The regulations of the Football Association contained an arbitration clause. Mr Stretford claimed that the disciplinary proceedings breached Article 6 of the ECHR in that the hearing was non held in public, the court was non independent and the judgement was non publically pronounced. The tribunal considered the instance of Placito v Slater [ 2003 ] , [ 17 ] in which it was held, following Deweer v Belgium [ 1980 ] , [ 18 ] that a party may relinquish assorted rights under Article 6. The release of any such rights, nevertheless, must be univocal and a party can non be compelled to relinquish them. The tribunal held that on the facts, the contract between the claimant and the suspect constituted a release by the claimant of his rights under Article 6. The tribunal held that the understanding was voluntary, the claimant was cognizant, or should hold been, of those commissariats and that his consent was hence univocal. Other affairs taken into history by the tribunal were that arbitration clauses were normally used in the featuring sphere to modulate the relationship between certain parties. To strike down such clauses would hold a wide-ranging consequence and it would non be in the public involvement to forestall parties from holding to arbitration if they so wished . In add-on, the Arbitration Act 1996 requires arbiters to stay both independent and impartial and any failure to make so can be challenged by tribunal proceedings under subdivision 68 of the Act. In Sumukan Ltd v Commonwealth Secretariat [ 2007 ] , [ 19 ] Sumukan had entered into a consultancy understanding with the suspect to supply services to the Namibian authorities. The contract contained an arbitration clause, which included the proviso for an arbiter to be appointed harmonizing to certain regulations specified by the suspect. An arbiter involved in the instance was non decently appointed under the regulations and as such, it was argued that the award was invalid. The tribunal agreed and set aside the original wages, remitting the instance to another, decently constituted tribunal. This instance may be cited as farther grounds that the UK arbitrational procedure is compatible with Article 6 of the ECHR since an abnormality in proceedings led to the puting aside of the award, showing that the tribunals are prepared to declare an award shut-in if the regulations of arbitration are non complied with. Thus the tribunals have clearly acted in a manner that is compatible with Article 6. In Shuttari Fawzia Amtul-Habib V Solicitor’s Indemnity Fund [ 2007 ] , [ 20 ] the Solictor’s Indemity Fund ( SIF ) refused to indemnify the canvasser claimant for claims made against her in 1997. The difference was made capable to the arbitration process laid out in the regulations of the SIF. The claimant indicated which party that she wished to be appointed as the arbiter in the affair. The instance was heard and an arbitration award was made against her. Assorted efforts at entreaty were made climaxing in an scrutiny of the affair by the Court of Appeal. The tribunal considered assorted facets of the instance, including the averment by the claimant that since rank of SIF was compulsory, she had non ‘freely agreed’ to the arbitration clause and hence her rights under Article 6 ECHR had been infringed. It was argued that this meant that the arbitration award was invalid. On the facts, the tribunal refused Mrs Shuttari permission to appeal, as she had no realistic chance of disputing the cogency of the arbitrator’s award. The tribunal took into history that she had instigated the arbitration process instead than tribunal proceedings to dispute its cogency and a one time the award had been made, her challenge to it under subdivision 68 of the Arbitration Act confirmed its cogency. Again, this instance recognised the cogency of the arbitration understanding and demonstrates the court’s reluctance to interfere with a decently conducted arbitration procedure. In decision, in visible radiation of recent judicial proceeding, it appears that although there is possible struggle, every bit long as the UK arbitrational procedure is right followed, it is compatible with Article 6 of the ECHR. The tribunals accept that parties are free to relinquish their rights under Article 6 every bit long as this is done unambiguously and without irresistible impulse. Bibliography Books/Journals Mackie, K. , Miles, D. , Marsh, W. A ; Allen, T. ADR Practice Guide. 3rd edition. Tottel Printing 2007 Marshall, E. Gill: The Law of Arbitration. 4Thursdayedition, London: Sweet A ; Maxwell 2001 Qureshi, K. ‘Arbitration and Article 6’ 157 NLJ 46-7 2007 Qureshi, K. ‘Growing Up Fast.’ 157 NLJ 586-7 2007 Turner, R. Arbitration Awards: A Practical Approach. London: Blackwell, 2005 Web sites ACAS At: hypertext transfer protocol: //www.acas.org.uk/ Accessed 15ThursdayMarch 2008 ADR Now At: hypertext transfer protocol: //www.adrnow.org.uk/go/SubSection1.html Accessed 15ThursdayMarch 2008 Chartered Institute of Arbiters At: hypertext transfer protocol: //www.arbitrators.org/ Accessed 15ThursdayMarch 2008 Legislative acts The Arbitration Act 1996 The European Convention on Human Rights The Human Rights Act 1998 1

Disaster Risk Management (Vulnerability and Capacity Assessment) Essay

Disaster Risk Management (Vulnerability and Capacity Assessment) - Essay Example The techniques like Vulnerability and Capability Assessment (VCA) would be very effective in identifying local perceptions about the disaster and also in the evaluation of the capability of the community to face during such an catastrophe. Either well structured means - qualitative, quantitative or their combination or unstructured and participative methods could be used for proper identification of interrelationships of the local settings. The utility of using VCA for identification and quantification of vulnerability besides measuring the regional capabilities has been widely accepted. Among the various methods often adopted for undertaking the VCA process, the participatory methods have had considerable success when compared to other means of identifying the exact factors involved in most issues. When a calamity or the disaster strikes a region, the impact of these events are borne by the entire population and hence the potential of vulnerability of entire cross section of the people need to be mapped to understand the magnitude of effect. Also, the perception of the people towards these events which could be frequent would also help the policy makers and support agencies to prioritize the action process. Even in the cases considered the though the common problems perceived in the regions were water shortage. The local community in these countries not only have different perceptions on the risks but also anticipates different type of problems they might have to face due to this. Further , variation in the type of demographic profile and socio-political conditions might make all bureaucratic approaches to identify the priority programme ineffective. As in the case considered, Palestine a small country involved with continuous military interventions with the neighboring country Israel is said to have very poor infrastructure facilities like roads, power supply and also water and waste water management systems. A well structured VCA analysis, conducted using local community and organizational systems, to identify the potential hazard facing them into various aspects of the country have revealed interesting facts. The techniques adopted had a blend of different methods like interviews, focus group discussions, workshops besides separately involving children also. The method had given rich information that have helped to map the vulnerability in the region and also in the identification of their capability. Further, local level workshops to create a base awareness to help them to generate opinions and remarks too shows the extended mechanism present in these approaches for information generation. Similar approached were adopted in t he case of Afghanistan to assess the issues of food security and in the identification of potential hazards in the countries like Albania and Vietnam. In addition to identification of vulnerability spots in the society they would also help the decision makers to identify and envisage the future course of action very effectively. The regional strength of in all the cases considered in the analysis have been identified and ranked appropriately. This would help to identify the prevailing dogma in the region which other wise would have hindered the success of any developmental initiative. Also as assessment of the capability of the people and systems in these places

Seperate Subjects, 1 page each Essay Example | Topics and Well Written Essays - 1750 words

Seperate Subjects, 1 page each - Essay Example Through exploration of these ratios using statistics, can help in limiting the inter-industry effect of inflation. Statistics also help in giving data in a summary form the prices of foreign currencies. This information is useful in controlling inflation rate from outside the country, and thus leads to the success of domestic industries. Statistics are helpful when doing comparison of different economy sectors or organizations Sai Ram Centre for Financial Management Research, 2006). Multinational Companies carry out Research and Development (R&D) to determine their share of R&D in foreign countries. By comparing the ratios, the MNCs are able understand which sector or organization to give more effort in terms of resources, or which country to increase their share of R&D. This has boosted many business organizations as R&D has helped to come up with innovative means of doing business Sai Ram Centre for Financial Management Research, 2006). To increase shareholder value in an organization, correlation is used to quantify association of the shareholder value and the earnings per share or net income. Statistics are important in valuation and monitoring of business operational alternatives (Narayanan, 2004). From previously recorded statistics a manger can alter or adjust a business strategy. However, in making decision regarding the shareholder value, the share price should not be used to make decision as this has no causation relationship with the shareholder value (Glene, 2003). Scenario forecasting is important in any organization that wishes to have a successful planning in future. Scenario forecast prompts team members in an organization to think outside the box by trying to anticipate dynamics that may affect business activities or the team. Scenario forecast goes past simple, straight-line extrapolation of the project performance of a company to portray how different factors interact to

New Product Questionnaire Essay Example for Free

New Product Questionnaire Essay The main definition of bonsai as an outlet for both art and horticulture is quite wide. There are many myths which are associated with bonsai. These not only provide confusion for budding enthusiasts, but gives the pastime a bad name for anyone not majorly experienced in the area. A bonsai is not a genetically dwarfed plant and is not kept small by cruelty in any way. In fact, given an adequate supply of water, air, light and nutrients, a properly maintained bonsai should outlive a full size tree of the same species. The techniques of Bonsai are no more cruel than that of any other horticultural endeavour. It is also common belief that bonsai are only a few centimetres tall. This is untrue, although bonsai are small in comparison to their huge life-sized brothers, most are over 25 centimetres tall and up to 1 metre in height. To the Japanese, there is a link to many of the ideals that their society is based on. Zen Buddhism where the pastime originated, man, nature, elements and change all are intertwined into this unique method of meditation and expression. To our world now, bonsai is viewed as a hobby that allows a greater understanding and being with nature and also a way to enhance our gardens. Bonsai can be developed from seeds or cuttings, from young trees or from naturally occurring stunted trees transplanted into containers. Most bonsai range in height from 5 centimetres (2 in) to 1 metre (3. 33 ft). Bonsai are kept small and trained by pruning branches and roots, by periodic repotting, by pinching off new growth, and by wiring the branches and trunk so that they grow into the desired shape. The bonsai with its container and soil, physically independent of the earth since its roots are not planted in it, is a separate entity, complete in itself, yet part of nature. This is what is meant by the expression heaven and earth in one container. A bonsai tree should always be positioned off-center in its container, for not only is asymmetry vital to the visual effect, but the center point is symbolically where heaven and earth meet, and nothing should occupy this place. Another aesthetic principle is the triangular pattern necessary for visual balance and for expression of the relationship shared by a universal principle (life-giving energy or deity), the artist and the tree itself. Tradition holds that three basic virtues are necessary to create a bonsai: shin-zen-bi standing for truth, goodness and beauty. Given proper care, bonsai can live for hundreds of years, with prized specimens being passed from generation to generation, admired for their age, and revered as a reminder of those who have cared for them over the centuries. Although these bonsai are extremely beautiful meticulously cared for over the years and containing such a wealth of knowledge, age is not essential. It is more important that the tree produce the artistic effect desired, that it be in proper proportion to the appropriate container, and that it be in good health. Bonsai are ordinary trees or plants, not special hybrid dwarfs. Small leafed varieties are most suitable, but essentially any plant can be used, regardless of the size it grows to in the wild. In Japan, varieties of pine, azalea, camellia, bamboo and plum are most often used. The artist never duplicates nature but rather expresses a personal aesthetic philosophy by manipulating it. The bonsai may suggest many things, but in all cases must look natural and never show the intervention of human hands (with the exception of Chinese bonsai which in many cases depicts images of dragons and other influential symbols of the culture at the time of origination). Grown in special containers, bonsai are primarily kept outdoors (with the exception of some plants suited, trained and grown indoors), although they are often displayed on special occasions in the tokonoma, the alcove in the traditional Japanese rooms designed for the display of artistic objects or on a polished stand.

Divorce Laws in the United States Essay examples -- Family Law

â€Å"Divorce is a decree by a court that a valid marriage no longer exists. It leaves both parties free to remarry. The court will award custody, divide property, and order spousal and child support† (The American Bar Association 71). â€Å"†¦till death do us part† is almost always heard at wedding ceremonies. But all too often does this phrase not hold up to its true meaning. Between 1960 and 1999 the divorce rate in the United States tripled (Porterfield vii). Out of all first time marriages, 41% end in divorce (Divorce Rate). According to the Centers for Disease control and Prevention, for every 1,000 people, 6.8 get married and 3.4 of those marriages will end in divorce (Marriage and Divorce). The Family Legal Guide from The American Bar Association confirms that of the couples who marry before the age of forty-five, one-half of them will get divorced (71). These numbers do not seem to be decreasing. They only seem to be increasing as time goes on. It is agreed by many that if two people can no longer find it in themselves to be passionate towards one another and they no longer desire the others company that they should end their marriage. However, the growing number of divorces is proving that, pe rhaps getting a divorce in the United States is too easy. The evidence proves that divorce laws should be made stricter throughout the United States. Every divorce is different; no two divorces are the same. Some involve children. Some are just a couple. Some have step children or half children. Some include hostile situations. Some are peaceful. Some are for a valid reason. Some are simply because the couple doesn’t feel like being together anymore. Some are mutual. Some are not. So why is every divorce so quickly done and so easily ob... ...2. â€Å"Marriage and Divorce.† Centers for Disease Control and Prevention. 5 Oct. 2010. Web. 26 Feb. 2012. Porterfield, Kay Marie. Straight Talk about Divorce. New York: Facts on File, 1999. Print. Portnoy, Ph.D. Sanford. â€Å"A Lawyer’s Primer Part 1- The Effects of Divorce on Adults.† Ed. Ron Brown. The Psychology of Divorce. 1(2006): 1-7. Print. Russo, Francine. â€Å"Can The Government Prevent Divorce?† The Atlantic. Oct. 1997. Web. 1 Apr. 2012. Shapiro v. Thompson. 2 Library of Congress Cataloging-in- Publication Data. U.S. Supreme Court. 21 Apr. 1969. Print. Tavernise, Sabrina, and Robert Gebeloff. â€Å"Once Rare in Rural American, Divorce is Changaing the Face of Its Families.† www.Nytimes.com. The New York Times. 23 Mar. 2011. Web. 27 Feb. 2012. The American Bar Association. Family Legal Guide. 3rd ed. New York: Random House, 2004. 71-88. Print.

Educational Orientation for African Americans Essay

â€Å"Reality depends on one’s perception of the world. Thus, although there is one school, each student perceives his or her experiences in that school differently. Reality exists in that individual perception† (Marcus, Gross, & Seefeldt, 1991, p. 364). Ensuring social justice and opportunities of achievement for all students, especially historically underrepresented groups, has been my mission in life for many years. Concerned with issues like equal opportunity and treatment for all students, regardless of students’ social class, ethnicity, or family structure, I have always attempted to be cognizant of students’ perspectives. As a counselor in a school that is predominantly white with a few African American students I would like to research intervention strategies that would make those African American students in my school be more successful. There are many factors associated with school failure, especially in African American males. The purpose of this research is to identify those factors and develop interventions strategies to apply to combat the school failure of those students. Examining their culture and of the causes of this phenomena and understanding how they experience school was critical in identifying the issues and influences on their educations. Students’ failures to learn and succeed do not occur out of thin air. More specifically, African American boys’ failures to achieve do not occur out of thin air. A review of literature on Black male achievement shows that not only do they lag behind their White counterparts in America, but also in Britain and Canada (Graham & Robinson, 2004; Smith, Schneider, & Ruck, 2005). Attention must be given to examining policies, practices, attitudes, and experiences that create such failure in schools (Christle, Jolivette, & Nelson, 2005; Kagan, 1990; Nieto, 1999). Educators have many responsibilities. One of those responsibilities is to examine the reasons for the failure of students. Marian Wright Edelman (1992) sums up the purpose of education and echoes my belief of the responsibility of educators: â€Å"Education is for improving the lives of others and for leaving your community and world better than you found it† (pp. 9-10). The decision to study African American males in middle school arises from personal interest in equity and social justice issues. Tied to that is my experience in middle schools where I have been witness to struggling students, particularly African American males from low socioeconomic neighborhoods, who have demonstrated a lack of success in school. One cannot help but wonder why being Black and male puts students at risk for school failure (Davis, 2003; Noguera, 2003). For these reasons, my research is focused on a group of African American who are not successful in school; those who are struggling academically, demonstrating inappropriate behavior at school, and not putting forth effort to meet their academic potential. The research will seek to identify the influences, or the lack thereof, impacting these students’ success. When factoring in other issues that potentially result from a lack of educational attainment, such as involvement in illegal activity and incarceration of African American students, it is easy to see that we cannot afford to gamble on whether or not these students will make it on their own. Alarming statistics create a sense of urgency and responsibility for educators in reaching African American students in particular. Predictions based on steady incarceration rates reveal that 32% of African American males will likely serve time in state or federal prisons during the course of their lifetimes (U. S. Department of Justice, 2002). We are living in a country where twice as many African Americans live below the poverty line than Caucasians and where 40% of jail inmates are African American (U. S. Department of Commerce, 2002; U. S. Department of Justice, 2002). African Americans have held the lead in the percentage of people unemployed for three years consecutively (U. S. Department of Labor, 2003). Such statistics, when coupled with economic consequences of failing to adequately educate all students, paint a bleak picture for a large segment of our population. Gibbs (1988) goes so far as to say that African American males are an â€Å"endangered species. † She uses a dictionary definition to define this term as â€Å"a class of individuals having common attributes and designated by a common name [which is] in danger or peril of probable harm or loss† (p. 1). It is critical that struggling African American students are identified early to help avoid the dismal scenarios. The implications of failing to identify and assist struggling students at the earliest point possible not only have an immediate effect on students but also carry long-term consequences for students, communities, and the nation (Gibbs, 1988; Lee, 2002; President’s Committee, 1997). The educational and societal implications of not reaching this group of students are worthy of great concern. The lack of both academic progress and motivation to learn are symptoms of a larger problem. Without getting to the root causes for the underachievement of African American males, another year goes by and they fall further behind their academically excelling peers, lowering their chances of passing their grades or scoring at proficiency on the required yearly standardized tests. On a larger scale, this â€Å"silent catastrophe,† as a member of the London Parliament refers to the underachievement of Black male students, lays the foundation for impediments to quality of life, earned income, and other obstacles in these individuals’ lives, as well as implications for the greater society (Graham & Robinson, 2004, p. 654). behaviors children exhibit and failing to see the real problems. Conversations may take place between the teacher and the student or the student and an administrator on a superficial level inquiring as to why they are misbehaving or failing, but the deliberate search for the root causes is often set aside to deal with the immediate problem of behavior or unwillingness to learn. Students who are not succeeding academically often become â€Å"casualties of the educational systems that cannot see them because their problems remain invisible† (Nieto, 2004, p. 17). Classroom interventions, parent contacts, disciplinary consequences, counseling, and tutoring are a few of the strategies educators have implemented to improve student learning and chances of success. However, with some students it does not appear that we have scratched the surface of the underlying issues. Without getting to the root causes for the underachievement of African American males, another year goes by and they fall further behind their academically excelling peers, lowering their chances of passing their grades or scoring at proficiency on the required yearly standardized tests. On a larger scale, this â€Å"silent catastrophe,† as a member of the London Parliament refers to the underachievement of Black male students, lays the foundation for impediments to quality of life, earned income, and other obstacles in these individuals’ lives, as well as implications for the greater society (Graham & Robinson, 2004, p. 654). Irvine and Irvine (1994) suggested there are two perspectives that sum up the critical factor analysis on African American students’ failure in school. The first they call the achievement problematic, which suggests that Black students’ school failure is related to their cultural beliefs, perceptions and values about education. The second, cultural problematic, suggests that indifference to African American student culture is responsible for African American student school failure. The cultural vs. structural argument with regard to minority education is a common theme within sociology of education research. Empirical studies often highlight one or the other as contributing the under-achievement of African American. An examination of the various cultural and structural theories will put this debate into context.

Conflict Management - 2100 Words

ORGANIZATIONAL CONFLICT MANAGEMENT 1. ABSTRACT Organizational conflict is a state of discord caused by the actual or perceived opposition of needs, values and interests between people working together. Conflict takes many forms in organizations; there is the inevitable clash between formal authority and power and those individuals and groups affected. There are disputes over how revenues should be divided, how the work should be done and how long and hard people should work. There are jurisdictional disagreements among individuals, departments, and between unions and management. Various issues relating to organizational conflict, techniques, systems and practices for conflict resolution will also be discussed in this paper. Keywords:†¦show more content†¦Characteristic differences – culture, race, values, gender, personal preferences, age, perception, social status, etc. 5. REASONS FOR ORGANIZATIONAL CONFLICT The people are aware of the factors that generate organizational conflicts such as scarcity, obstruction and incompatible interests or goals. Resource scarcity, monetary, job, prestige or power, encourages the obstruction of behaviour and organizational conflict arises. Organizational Conflict can also be broken out when one party avoids the goal achievement of the other one. Reiterating these ideas, declares that organizational conflict is clearly associated with power and can emerge when goal achievement of an organization is avoided. The reasons that justify conflict in organizations: 1. As departments grow, people lose contact with other departments, or yet, members of a department start to think differently from other areas. 2. The increase of emphasis in the financial measures as a tool for motivation for managers and the establishment of different profit centres inside an integrated business system end up creating many conflicts. 3. The increasing rise of emphasis in functional specialization, politics of promotion and recruiting reinforce the isolation of departments, generating conflicts. 4. Today there is more room for workers to show criticism among each other, while this freedom of speech can be beneficial for society as a whole, in organizational context can be transformed intoShow MoreRelatedConflict Management1178 Words   |  5 PagesConflict is a fact of life - for individuals, organizations, and societies. The costs of conflict are well-documented - high turnover, grievances and lawsuits, absentee ism, divorce, dysfunctional families, prejudice, fear. What many people dont realize is that well-managed conflict can actually be a force for positive change. 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When individuals are in a disagreement about something like policies and procedures or even the overall direction of which an organization or company is heading it can become very frustrating. As we all know conflict the process of conflict usually begins when an individual or party has perceived