Mediation Is A Type Of Alternative Dispute Resolution

Mediation is a type of alternative dispute resolution that gives the two disputing parties a third party to help them discuss and revise their points of conflict. The mediator acknowledges the points of which the parties are in agreement upon and builds upon those to create a solution between the two parties. Similarly, arbitration includes a third party that listens to the two disputing parties. However, in arbitration the arbitrator or the third party gives a final decision. In most cases, the decision given is binding. This means that â€Å"it may not be reviewed or overturn by a court except in very limited circumstances† (Repa, n.d.). But some parties have been known to agree to a nonbinding arbitration meaning that the award given can be rejected and the option of demanding a trial can be used. However, there are cases where the mediator can make a decision that is binding if both parties do not agree. In some cases, the mediation can be turned into an arbitration. In the majority of mediation processes, the goal is â€Å"to assist the parties with their negotiation, and empower the parties to make their own decisions† (Negotiation, 2014). The mediator themselves has no real authority over the two parties. Rather than with arbitration, the arbitrator or the panel gives the final closing decision that cannot be revoked. This decision is constrained by procedural rulings, if the case was in litigation the rules would be much stricter whereas mediation is more casualShow MoreRelatedA Brief Note On Alternative Dispute Resolution And Other Forms Of Helping Professions1462 Words   |  6 PagesAlternative Dispute Resolution Conflict resolution is used in various aspects of counseling and other forms of helping professions. It is vital that conflicts between opposing parties are managed in order for progress to be achieved. By maintaining a controlled environment during the negotiation process, the two parties will often be able to come to a resolution of their differences. Sometimes it can be difficult for two parties to work together without the help of a third party to assist in theRead MoreDispute Resolution : A Conflict Diagnosis Approach1690 Words   |  7 PagesDispute Resolutions Many people go to litigation for resolving disputes without knowing the alternatives that may possibly be more beneficial to them. The textbook, â€Å"Alternative Dispute Resolution: A Conflict Diagnosis Approach† is a great book that defines and explains the different types of dispute resolutions that can be used to settle a conflict. Some of the dispute resolutions discussed in the book are suitable for specific disputes. And the different type of dispute resolutions has differentRead MoreDispute Resolution Processes Essay1240 Words   |  5 PagesDispute Resolution Processes Wherever there is a human-interaction, conflict is virtually unpreventable. For-instance, some conflict may well erupt a dispute in any structure of relationships, and other perhaps resulting in extremely compound international confrontation and hostility. It isnt that they cant see the solution. It is that they cant see the problem (G. K. Chesterton). Consequently, dispute resolution processes have been developed to manage and intervene in these types ofRead MoreCase Case Study : Settling Product Liability Through Mediation1098 Words   |  5 Pagesshould a case go to mediation? Settling product liability through mediation Alternative Dispute Resolution: What are the alternatives ? Mediation of Employment Disputes Note: Use the following keywords for the topics above: Mediation in Little Rock, AR Product liability mediation in Little Rock, AR Alternative Dispute Resolution in Little Rock, AR Employment dispute mediation in Little Rock, AR 250 words When Should a Case Go to Mediation in Little Rock, Arkansas? Mediation in Little Rock, ArkansasRead MoreAlternative Dispute Resolution And The Different Types Of It898 Words   |  4 Pagesessay I will address what alternative dispute resolution is and the different types of it. ADR stands for Alternative dispute resolution is something that provides an alternative way of settling civil disputes than the traditional way using the courts. 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First, to understand the newer, nontraditional forms of litigation it is imperativeRead More alternative dispute resolution Essay1014 Words   |  5 Pages nbsp;nbsp;nbsp;nbsp;nbsp;Alternative Dispute Resolution or ADR refers to a number of various processes that can be used to resolve legal disputes other than by litigation. Recently, methods of dispute resolution which focus on arbitration, mediation and negotiation as an alternative to adjudication have gained notoriety. This notoriety may have been caused by the public perception that ADR methods are less expensive, more efficient, and more satisfactory than the normal traditional course of

The Nightmare of the West Memphis Three - 800 Words

In his article, â€Å"The Nightmare of the West Memphis Three†, Rich explores how the people of Memphis drew horrific conclusions about people based on the lifestyle they chose to practice. The article highlights the trials and tribulations faced by the accused three young teenagers. Rich does this by citing the popular documentary series â€Å"Paradise Lost† which is an in depth analysis into the lives of the accused, the victims’ families and members of the community. This paper outlines how the belief system of that time superseded the inconclusive evidence, which ultimately led to an unfair trial. By â€Å"othering† and â€Å"marginalizing† those three teens, the society and police created a scenario that aligned with their belief system at the time.†¦show more content†¦Another crucial point mentioned in the article is the power of perception and how media can often times influence perception. â€Å"One of the most powerful lessons of these films is how easily our opinions about a crime can be influenced by the manner in which information is presented to us† (Rich, 2013). An example used is that of Hobbs. Rich mentions that throughout the first film Hobbs appeared â€Å"dazed† and â€Å"ruined† over the death of his son. When they show the same footage in the third film, he looks like a man who is trying to hide something. With this new context the audience, watching began to see him in a different way. This is another way â€Å"truth† works as Professor LaFleur explained in the Fall semester. In this case, the West Memphis Three supporters sought to exonerate the accuse and accuse instead who they felt had committed the murders. The case with the backing of many celebrities and supporters gained national notoriety. Their agenda, which was blaming Hobbs, intensified in the documentary. With accusations, people who watched would begin to see Hobbs in a different light. Anybody can suppo rt a claim with the right â€Å"evidence†. This is something depicted in contemporary society and an example is the image of the â€Å"Hijab† and what it means for Muslim women. The North American media as exemplified in lecture and tutorial often depicts wearing Hijab as a kind of prison of Muslim women and as a image of the strife and sexism thatShow MoreRelatedNewspaper Headlines5807 Words   |  24 Pageswith the appearance of newspapers still popular today: â€Å"The Times†, â€Å"Manchester Guardian†, â€Å"Daily Express†, etc. newspaper reporting became more scandalous, and style and form changed to suit the new approaches . Newspapers are often divided into three main categories: broadsheet, tabloids, and Berliner or Midi . †¢ Broadsheets: These are printed on A1 and folded to A2 (600 mm by 380 mm (23 ½ by 15 inches)). Broadsheet papers are also known as the â€Å"serious† or â€Å"quality† press, generally associatedRead More The Civil Rights Movements in Ireland and America Essay4811 Words   |  20 Pagesmoment, buildings might explode and automatic weapon fire could lacerate the air on every side of us. Belfast is charming, apart from the harsh reality of guerrilla warfare and terrorism being common occurrences. For the first time, throughout my three month tour of seventeen different European countries, I feel truly threatened. The tension carries itself into a nearby pub where an old man asks â€Å"Are you jus daft? Or do ya have relatives here?† His words hinted at my grandfathers blunt, yet kindlyRead MoreMarketing Mistakes and Successes175322 Words   |  702 Pagesarchrivals in hotly competitive arenas. Part III, Comebacks, studies three firms that faced adversity, and came back better than ever. In Part IV, Marketing Management Mistakes, we delve into seven firms guilty of a variety of mistakes that offer great learning insights. Part V, Notable Marketing Successes, offers paragons of successful marketing strategies and operations. Finally, in Part VI, Ethical Mistakes, we examine three firms whose mistakes had major ethical and legal consequences. Let

Completeness of Strategic Performance Management

Question: Discuss about the Completeness of Strategic Performance Management. Answer: Introduction The Australian government has introduced various legislations relating to climate change. As a result, companies have incorporated environmental sustainability measures in their Strategic Performance Measurement Systems (SPMS). Ideally, these firms have not been disclosing their SPMS adoption in their annual reports. However, after enacting of the legislations by the government, many organizations have shown their willingness to disclose their SPMS adoption. If the disclosure of SPMS adoption is not linked to rewards systems or compensation plans, then it is just a mechanism to brainwash the shareholders or investors (Aguinis, 2009). This research paper has two sections. Part 1 looks at the profile of two Australian public companies and discusses the criteria that I have chosen in deciding whether those two businesses have adopted a multi-perspective SPMS. Besides, this section examines the SPMS disclosure of those two companies, discusses whether there have been any changes made in SPMS disclosures between 2014 and 2015 concerning the objectives, perspectives, targets and measures set and compares the SPMS disclosures of the two enterprises. Section 2, on the other hand, looks at the performance of the two companies and links their performance to rewards or compensation plans. Ideally, it analyses their financial results, investigates whether they link their SPMS targets or measures with rewards or compensation plans and explains whether the two businesses have strengthened their competitive advantage or not. Company profile and disclosure of SPMS In this analysis, I choose Telstra Corporation Limited, which comes from the telecommunications industry, a non-environmentally sensitive industry, and BHP Billiton Inc, which is in the mining sector, an environmentally sensitive industry (Araz, and Ozkarahan, 2007, pp.585-606). Telstra Corporation Limited is an Australian telecommunications firm which offers communications services. Telstra Corporation Limited is traded on the Australian Stock Exchange (ASX) with ticker symbol TSL. BHP Billiton Inc, on the other hand, is an Australian multinational company traded on the Australian Stock Exchange with ticker symbol BHP. As of 2015, this business was the largest mining company by market values (Bhagwat, and Sharma, 2007, pp.43-62). It mines products such as iron ore, coal, petroleum, nickel, natural gas, uranium, and copper. Criteria Used in Deciding the Adopt of a Multi-perspective SPMS by the Companies According to Elijido-Ten and Tjan (2014), companies use the balance scorecard approach as a performance measurement system to define their strategies and objectives thus allowing the management to supplement financial measures with a mix of non-financial metrics. Ideally, there are four performance measurement perspectives, which include financial perspective, internal process perspective, customer perspective, and learning and growth perspective (Daley, 2006, pp.120-134). The financial perspective describes whether a company's mission, strategy, vision and objectives have led to its improved economic and fiscal success. Here, the management performs an economic analysis to determine whether the firm is succeeding or failing. The customer perspective looks at what a company does to keep its customers that is its customer relationship. If a corporation has a strong customer relationship, then it is performing well (de Waal, Kourtit, and Nijkamp, 2009, pp.1242-1265). However, if its cu stomer relationship is weak and there are no return customers, then it is failing. The internal business process perspective monitors the internal processes of a business and the internal control system in those processes to determine whether the firm is succeeding or not. Here, the business looks at factors such as the quality of the products, the innovation used by the company and distribution services. A weak internal control system at these processes will indicate that a company is failing, while a strong internal control system would mean a successful business. Elijido-Ten and Tjan (2014) further states that to determine the SPMS disclosures of the firms, one looks at three essential features that is a distinct mission, vision, and strategy statement, relevant and measurable targets (prospective financial statements) and indicators of past and current performance (backward-looking statements). Back looking statements usually communicate a firm's previous sustainability initiatives, performance measures, and targets while forward-looking looks at predicted sustainability goals and objectives that have been recognized by the enterprise (Elijido-Ten, 2011). Finally, strategy statements summarize how the non-financial targets can be linked to the financial goals. The SPMS disclosure of the Two Companies The approach of Telstra focuses on improving customer experience, building new business units and driving client value. Telstra achieves improved customer advocacy by providing their customers with outstanding mobile service in Australia. Their strategy statement indicates that they are committed to maintaining their market share as a network leader (Elijido-Ten, 2013). This is evident because they invested $ 1.1 billion in 2015 in their mobile network and they have considered expanding their 4G mobile. This is the first SPMS disclosure that Telstra Corporation has made in its annual report. Besides, the company has launched a global managed network services as well as a global Infrastructure service. This is evidenced by the fact that they have established a new business unit, Global Enterprise, and Services, which aims at delivering innovation and globalization. Telstra Corporation has disclosed its customer perspective in that in its strategy; the management stated that they were committed to improving the services and experiences of clients and this is evidenced by the fact that they have implemented a Net Promoter System (NPS) program, which seeks feedback from customers and helps them measure their progress. This is the second SPMS adopted by Telstra Corporation (Elijido-Ten and Tjan, 2014). The 2014 annual report of Telstra Corporation contains backward-looking statements, as the past and current data is evident. The strategy BHP Billiton focuses on owning and operating large, cheap and expandable diversifiable assets (Ferreira, and Otley, 2009, pp.263-282). They have managed to achieve this strategy by positioning itself to continue to meet the ever-changing needs of the consumers. Besides, their plan involves ensuring the health and safety of their workers and ensuring that they maintain their ethical and responsible behavior. With this strategy, it is evident that BHP Billiton has adopted SPMS by making sure that they achieve the customer, the financial and learning, and growth perspective. The 2014 annual report of BHP Billiton also contains forward-looking statements that is trends in commodity prices, exchange rates, plans, products demand, forecast, anticipated production, capital costs, operating costs, anticipated projects and so forth. This is evident by the use of words such as anticipate, believes, plan, expects, intend, estimates, aims, projects or similar words. Discussion of Any Changes Made in SPMS Disclosures regarding the Perspectives, Objectives, Measures and Targets Set During the year ended 2015, Telstra Corporation has aimed at maintaining their focus on improving customer advocacy, driving value and building new growth businesses. This means that their SPMS disclosures have not changed. Their goal of ensuring employee involvement, everyone connected and environmental leadership has not changed from 2014 to 2015. BHP Billiton has also not changed on its SPMS disclosure measures in 2015. This is because the management has still embarked on the same sustainability as in 2014 that is putting health and safety first, supporting their communities and being environmentally responsible (Franco-Santos, Kennerley, Micheli, Martinez, Mason, Marr, Gray, and Neely, 2007, pp.784-801). Comparison of the SPMS disclosures of the Two Companies A comparison of BHP Billiton Inc and Telstra Corporation would indicate that BHP Billiton performs forward-looking statements while Telstra has backward-looking statements. Both companies have strategy reports (Kaplan, and Norton, 2007, p.150). BHP Billiton aims at operating huge, low-cost, long-life and expandable diversifiable assets while Telstra Corporation aims at improving the advocacy customers, driving value and building new initiatives. Based on the balanced scorecard, one can analyze the financial performance of BHP Billiton and Telstra Corporation. On the economic perspective, the revenue of Telstra has increased by 20% from 2014 to 2015. Its costs have also increased by 4.6%, which implies that Telstra is not performing well (Need, 2006). The return on investment on Telstra was 18.9% in 2015, which is not a good indicator as it decreased from 20.4% in 2014. The return on equity of Telstra amounted to 30.3% in 2015, which was a decline from 32.3% in 2014. This led to a drop in stock price, thus a small remuneration for its executives. The revenue of BHP Billiton, on the other hand, has decreased by 21%. This means that BHP Billiton is a poor performing company than Telstra Corporation regarding revenue. The annual report of 2015 of BHP Billiton gives a summary of their key performance indicators (KPIs). These KPIs enable them to measure their financial performance and sustainable development. The first KPI of BHP Billiton is total recordable injury frequency (TRIF). During the period, the number of injuries reduced from 4.18 million to 4.1 million. This is a reduction by 2%. This KPI links to the strategy of BHP Billiton in that they have ensured the health and safety of their people. Second, BHP Billiton has involved itself in community investment (Need, 2006). In 2015, their community investment totalled $ 225 million, which comprised of $ 142 million in cash and a contribution of $ 83 million to the BHP Billiton Foundation. This links to their strategy in that they believe in operating an ethical and socially responsible firm. Third, total shareholder return is a capital management KPI of BHP Billiton. In 2015, the companys total shareholder return was -27% because of a decline i n share price. This links to their strategy in that they measure their performance concerning shareholder wealth generation. Lastly, BHP Billiton green gas emissions were 38.3 million which represented a reduction of 6% from 2014. This links to its strategy in that the company aimed at achieving the global challenge of climate change. An Investigation of Whether the Two Companies Link their SPMS Measures with Executive Rewards The Board of Telstra Corporation believes that total shareholder return is an appropriate performance hurdle or measure because it relates executive rewards or compensation plan to its share price performance about its competitors (Elijido-Ten and Tjan, 2014). This is an SPMS measure that Telstra has adopted, and it is, therefore, evident that it links to executive rewards. From the annual report of BHP Billiton, it is clear that the board has not connected their SPMS measures with the executive compensation plan. Telstra has accomplished to enhance its competitive advantage since it has achieved its strategy, an increase in revenue and linked its SPMS measures to rewards despite having a declining ROI, ROE (Elijido-Ten, 2013). BHP Billiton, on the other hand, has failed to strengthen its competitive advantage since it has not been able to link its KPIs to rewards. Conclusion SPMS measures determine a companys financial performance. An analysis on BHP Billiton and Telstra Corporation indicated that Telstra had succeeded in strengthening its competitive advantage as it achieved its strategy that is to improve customer advocacy, to build new businesses and to drive value. Besides, it managed to link SPMS measures to rewards. BHP Billiton, on the other hand, failed to strengthen its competitive advantage, as it did not link its SPMS measures to rewards. References Aguinis, H., 2009.Performance management. Upper Saddle River, NJ: Pearson Prentice Hall. Retrieved on 16th January 2017. Araz, C. and Ozkarahan, I., 2007. Supplier evaluation and management system for strategic sourcing based on a new multicriteria sorting procedure.International journal of production economics,106(2), pp.585-606. Retrieved on 16th January 2017. Bhagwat, R. and Sharma, M.K., 2007. Performance measurement of supply chain management: A balanced scorecard approach.Computers Industrial Engineering,53(1), pp.43-62. Retrieved on 16th January 2017. Daley, D.M., 2006. Strategic human resource management.Public Personnel Management. Current concerns, future challenges,5, pp.120-134. Retrieved on 16th January 2017. De Waal, A., Kourtit, K. and Nijkamp, P., 2009. The relationship between the level of completeness of a strategic performance management system and perceived advantages and disadvantages.International Journal of Operations Production Management,29(12), pp.1242-1265. Retrieved on 16th January 2017. Elijido-Ten, 2011. The impact of sustainability and balanced scorecard disclosures on market performance: Evidence from Australias top 100. Retrieved on 16th January 2017. Elijido-Ten, 2013. Determinants of strategic performance measurement system disclosures in Australias top 100 publicly listed firms. Retrieved on 16th January 2017. Elijido-Ten and Tjan, 2014. Sustainability balanced scorecard disclosures: an Australian study. Retrieved on 16th January 2017. Ferreira, A. and Otley, D., 2009. The design and use of performance management systems: An extended framework for analysis.Management accounting research,20(4), pp.263-282. Retrieved on 16th January 2017. Franco-Santos, M., Kennerley, M., Micheli, P., Martinez, V., Mason, S., Marr, B., Gray, D. and Neely, A., 2007. Towards a definition of a business performance measurement system.International Journal of Operations Production Management,27(8), pp.784-801. Retrieved on 16th January 2017. Kaplan, R.S. and Norton, D.P., 2007. Using the balanced scorecard as a strategic management system.Harvard business review,85(7/8), p.150. Retrieved on 16th January 2017. Need, W.C.D.H.P., 2006. Human Resource Management: Gaining a competitive advantage. Retrieved on 16th January 2017.

Phil. Literature Essay Example

Phil. Literature Paper Four Periods Pre-colonial, spanish, japanese, american period Pre-colonial period riddles, salawikain, folklores, folksongs, chants, stories of creation, legends/origins and epics Spanish period moro-moro and senakulo Japanese period Haiku and Tanaga American Period English language 21st century current century of Anno Domini(AD) era in accordance with the gregorian calendar 21st century began on January 1, 2001 until december 31, 2100 21st century -the first century of the 3rd millenium -3rd current period of 1000 years in the Anno Domino Anno Domino `Latin word for In the year of the Lord C.E Common Era B.C.E Before Common Era *Pre-colonial Literature prior to colonization, Philippines was already brimming with rich tradition of oral literature **Pre-colonial literature marked by our ancestors ancestors daily observation about life, explanation for natural phenomena and begginings of ritual ***Pre-colonial literature function as an explanation for society and culture as they know it to be Forms of Literature in Pre-colonial period proverbs, riddles, folksongs, tales, and epics Proverbs practical observations and philosophy of everyday life that are written usually in a rhyming scheme **Proverbs they are meant to entertain while teaching basic skills in surviving local life ***Proverbs they are called salawikain in Filipino *Riddles they demand an answer and are used to test the wits of those listening to them **Riddles are used in a battle of wits, where locals, young and old join or watch to see who is the smartest ***Riddles -flippant nature (they seem to be referring to something laughable but in reality, the answer is more serious than expected) *Folksongs are beautiful songs that are informal expressions of our ancestors experience in life **Folksongs they range from courtship to lullabies, harvest, funerals and others *Tales are stories of origin for certain places, their names and their creation **Tales also known as myths and legends ***Tales they explain certain events or phenomena in our ancestors live that cannot be explained by the limited practical kind of science they knew back then *Epics are long winded poems about a hero and his adventures and misadventures **Epics tells of a male hero born with all pleasing qualities that our ancestors like in a person and who also has superhuman capabilities ***Epics a hero is paired with a beautiful maiden whom he falls in love with and will usually go to battle for ****Epics supernatural elements are also introduced to show the strength of the hero and his capabilities *Spanish Colonial Philippine Literature focused on the society and culture **Spanish Colonial Philippine Literature centered on the Christian faith and stories about the lives of saints and other religious hymns ***Spanish Colonial Philippine Literature emulated the traditional spanish ways of themes and forms in writing, repetitive plots and shadowy character Forms of Literature in Spanish Period Corrido, awit, pasyon, cencaculo, moro-moro, carillo, tibag, duplo/karagatan, and Zarzuela Corrido is a legendary religious narrative form that usually details the lives of saints or the history of a tradition Awit is a chivalric poem about a hero, usually about a saint and used in religious proccesions Pasyon is a narrative poem about the life of Jesus Chris, from his birth and to his death, which is usually a Lenten season Cenaculo is the dramatization of the passion of Christ. Moro-moro or Comedia de Capa y Espada is a blood and thunder melodrama depicting the conflict between Christians and Muslims Carillo is a play that uses shadows as its main spectacle, created by animating figures made from cardboards Tibag is the dramatic reenactment of St.Helenas search for the holy cross Duplo or Karagatan connected to Catholic mourning rituals and harvest celebrations Zarzuela musical comedies or melodramas, they follow a certain plot which shows either satirical look at society or begrudged life -famous in Spanish Era *American Colonial Period English was introduced as medium of instruction in school **American Colonial Period free verse poetry, short story and the critical essay were introduced ***American Colonial Period literary modernization that highlighted the writers individuality and cultivated consciousness of craft ****American Colonial Period romantic tradition *****American Colonial Period Philippine literature in English flourished Forms of Literature in Japanese Colonial Period Haiku and Tanaga *Japanese Colonial Period interruption in the development of Philippine Literature **Japanese Colonial Period Philippine literature in English com to a halt ***Japanese Colonial Period All newspaper in English were stopped except the Tribune and the Philippine Review ****Japanese Colonial Period Filipino writers in English turned to writing in Filipino *****Japanese Colonial Period Filipino literature was given a break ******Japanese Colonial Period Topic and themes were often about life in the provinces *******Japanese Colonial Period Drama experienced lull because movie houses were closed Haiku a poem of free verse that the japanese like, made up of 17 syllables divided into 3 lines, allegorical in meaning Tanaga like the haiku, is sort but it had measure and rhyme, with 17 syllable in each line, allegorical in meaning Filipino Writers Nick Joaquin Carlos Bulosan Rafael Zulueta de Costa Manuel Juan Laya Nick Joaquin The Woman Who Looked like Lazarus Carlos Bulosan The Laughter of my Father Rafael Zulueta de Costa Like the Moleva Manuel Arguilla How my Brother Leon Brought home a Wife Juan Laya His native Soil *Contemporary Period martial law repressed and curtailed human rights, including freedom of press **Contemporary Period Writers used symbolisms and allegories to drive home their message at the face of heavy censorship ***Contemporary Period Use of native languages as the main tool of literary expression instead of foreign languages ****Contemporary Period poetry, short stories, novels and essays continued to flourish *****Contemporary Period teaching of vernacular literature or literature of the regions ******Contemporary Period post war poetry and fiction was dominated by writers in English educated and trained in writers workshop in the U.S or England *******Contemporary Period oral literature in the outlying communities oral literature it started in pre-colonial period 1887 Publication of Noli Me Tangere 3rd novel of Rizal makamisa Rizal was executed by sedition