Essential German Vocabulary

Dispute Resolution Processes Essay - 1240 Words

Dispute 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 of disputes. The result is a highly diverse field in which conflict mediation professionals and other private nonprofit organization take on a broad array of roles. This research paper defines some of the different roles established in the dispute†¦show more content†¦The mediator may not render a decision. Arbitration In arbitration, a neutral third party is empowered by the parties to decide the outcome of a dispute. Of all the methods of alternative dispute resolution, arbitration most closely resembles standard legal proceedings. There are two types of arbitration: binding and non-binding. In binding arbitration, the parties agree to waive their right to go to court for a judicial decision. In non-binding arbitration, the parties have the discretion to abide by the arbitrators decision. Other Dispute Resolution Processes There is a spectrum of dispute resolution processes, ranging from informal discussion to formal adjudication. The concept behind the development of alternative dispute resolution, or ADR, is that the traditional adjudicatory model of dispute resolution is not always the best approach. Rather, the concept has developed that the forum should fit the fuss, and not vice versa. With time, ADR has come to have a new meaning, appropriate dispute resolution. In light of the rapid growth of collaborative negotiation, mediation and other settlement processes, there is, in fact, nothing alternative at all about ADR today. We are finding collaborative negotiation and mediation processes adopted with increasing frequency in legal, governmental, business and family matters. There are no limits to the types of disputeShow MoreRelated Dispute Resolution Processes2482 Words   |  10 Pagesappropriate to attempt alternative dispute resolution (ADR) processes for disputes and conversely when it is fitting for matters to be decided in a courtroom with black-robed judges and well dressed lawyers. Complementing the correct ‘intervention [courtroom, facilitative ADR or another form of ADR] at the right time, price and place with the right disputants’ is not necessarily an easy task (Wade 2010, p. 13) and the line separating alternative dispute resolution processes and judicial intervention canRead MoreAlternative Dispute Resolution Processes971 Words   |  4 Pagesat all clear that informal processes like ADR may be a disadvantage to minority groups any more than formal processes like settlement . Formality may influence people to be on the right side of the law and play by the book, it risks imposing its own obstacles to ‘justice’. The concept of justice is essential to ADR processes. In the framework of ADR, the concept of justice involves the consent of the parties to play an active role in the resolution of their disputes; to assert some degree of controlRead MoreDispute Resolution and Non-adjudicative Processes921 Words   |  4 Pagesyour sewerage pipes. On the other hand you have often taken the fruit from your neighbour’s tree. At a Christmas gathering gone wrong, you both threaten to sue each other. In this dispute, using non-adjudicative processes by Mediation or by using adjudicative processes by litigation can solve the case as the dispute is between two neighbours. The following are the advantages and disadvantages of mediation (Goldberg, Green amp; Sander 1985) and litigation (Levin amp; Golash 1985). Advantages ofRead MoreAlternative Dispute Resolution And Some Of Its Processes900 Words   |  4 PagesIn resolving a dispute, several factors have to be considered. Factors such as the nature of the conflict, the role of the parties resolving the dispute, the rights and interests of the parties and the procedures used to resolve the dispute.The court system is an unpleasant means of dispute resolution when it comes to civil or domestic issues.When resolving such issues, alternative means should be consulted. The first part of this paper will look at Alternative Dispute Resolution and some of itsRead MoreDiscuss the Processes Available in Alternative Dispute Resolution1469 Words   |  6 PagesDiscuss the processes available in alternative dispute resolution and explain its advantages and disadvantages Alternative Dispute Resolution Alternative Dispute Resolution (ADR) includes methods of processes and techniques that are used to resolve disputes or disagreements outside the jurisdiction of the law. As explained by Paul Latimer (p 51 of the Australian Business Law CCH Handbook 2006) The Alternative Dispute Resolution Association of Australia has defined ADR as meaning  ¡Ã‚ §dispute resolutionRead MoreDispute Resolution : Resolving And Managing Legal Disputes779 Words   |  4 PagesDispute Resolution Processes: Resolving and Managing legal disputes The Spectrum of Dispute Resolution Processes It is important to understand the basic nature of dispute resolution processes and how they relate to one another. Whilst dispute resolution as a whole is complicated to define, the Spectrum of Dispute Resolution visually displays the six main processes from their ability to resolve conflict to their ability to resolve a dispute. Walking away, negotiation and mediation fall on theRead MoreThe Construction Industry Has The Unenviable Reputation Of Being Adversarial And Dispute Prone1652 Words   |  7 PagesI INTRODUCTION The construction industry has the unenviable reputation of being adversarial and dispute prone. This is attributable to the scope, scale, duration and complexity of projects, which can lead to differences of opinion on complex technical, factual and legal issues. If not resolved quickly, these differences of opinion can lead to expensive and drawn out disputes. The competitive nature of the industry, low profit margins and commercial pressures when progress payments are late,Read MoreMediation in Community Policing Strategy1699 Words   |  7 PagesSocial processes can be shape in the form of processes that are combining (associative processes) and processes that are divorcing (dissociative processes). Its aimed at the realization of associative values such as social justice, love, harmony, solidarity. In contrary the dissosiatif social processes that are leading to the creation of negative values or asocial, such as hatred, hostility, selfishness, arrogance, conflict, division an d so on. Furthermore the associative social processes can beRead MoreThe World Monotheistic Religions Of Islam, Christianity, And Judaism981 Words   |  4 Pagesdo share this imperative about loving God/Allah with all the mind, heart, soul, and strength, and love one’s neighbor as oneself, which do indeed run contrary to the adversarial processes of managing conflict in the American legal system. It is evident in a litigation situation in a courtroom or in a dispute resolution forum, may it be negotiation, mediation, or arbitration, the two parties locked in argument, debate, and discussion are not applying this principle of unconditional love requiredRead More Workplace Observation Essay1143 Words   |  5 Pagesinformation. The last type of communication would be our intranet site for our employees and our Internet site, (www.exeloncorp.com) for our customers. Both sites contain pertinent information to either assist our employees with information on HR issues, processe s and procedures and other types of information and our customers site address our services we offer and information about our company Culture   Ã‚  Ã‚  Ã‚  Ã‚  Our company culture focus is on safety. This is an initiative in which we strive to have an event

The Good Woman of Sezuan Essay Example For Students

The Good Woman of Sezuan Essay The newest production of The Good Woman of Sezuan in repertory at the Ensemble, starring Carmen-Maja Antoni, is a powerful mirror of Germanys current sociopolitical predicament. Brechts Sezuan has all too much in common with post-unification Berlin both are unpredictable environments where fear and uncertainty, as well as increasing unemployment and homelessness, are rife. In resident director Alejandro Quintanas production, the divided citizen Shen Te Shui Ta epitomizes the dilemma of todays East Germans, especially East Berliners. Brechts play has often been understood in terms of universal dichotomies   whether moral (good versus evil), philosophical (feeling versus reason), sexual (female versus male), or ideological (the political left versus the right). But after watching the East Berlin production, I found the dualism more pointedly reflective of the doubleness within Germany itself, and specifically the doubleness within East Germans who now must adjust to life in a unified country.In Berlin the split has been most acute. Besides living insularly in a divided country for 40 years, the Wall and the nearby forbidden West provided inhabitants with a constant reminder of their dividedness. Now the Wall may have fallen, but after two years the East Berliner remains separated from his Western counterpart, both culturally and psychologically. And, in spite of the disappearance of the GDR, a particularly East German mentality seems to have remained intact: East Germans are now also alienated from themselves. Because of this national and psychological split, East Berliners play a double role these days, striving to maintain their old identification with a familiar society even as they don a mask to protect themselves in a new, unfamiliar social system. Although many former East Germans fee 1 as if they have been colonized by their capitalist West German relatives (they live in the new states of the Federal Republic), they have had little choice but to capitulate. This resulted in positive gains like freedom to travel or a family business as well as long-term losses like a job or a house; but as one understands from Shen Te, it may also mean learning to be ruthless, self-serving or even unethical in order to survive.Shen Tes tobacco shop represents a chance for her to start a new life. In a symbolic gesture, she stresses the importance of becoming a new person by giving a cigarette to her first customer, the Unemployed Man. During the prologue we realize how he lost his job: Cursing the gods, he enters several times to throw piles of bound notebooks on stage, ostensibly citizen files kept by East Germanys secret police, the Stasi. In the real new Germany, many former Party functionaries and unofficial Stasi-informers the old gods have lost their jobs, but just as many still prosper.Brechts play has always provoked audiences with its dichotomy ethics and economics, but the Berliner Ensemble production goes further to generate striking parallels to current issues in Germany. Although Sezuans gods worry that their involvement in economics might be morally misunderstood, economics regulates the ethical code. Just as the Sezuan gods give Shen Te a monetary incentive to remain good, the ex-gods from the GDR distributed attractive awards, bonuses and privileges to loyal and good citizens of the state. And the new gods from Bonn used economics to lure the East Germans into the unification process.In production, the gods-as-bureaucrats are dressed in the stereotypical garb of spies: black trenchcoats, hats and briefcases. The Stasi? West German secret servicemen? The spectators obviously enjoy seeing the hypocritical higher ups caricatured. But as new Stasi-traitors are unmasked daily, the people of Berlin still may be emotionally too close to injuries inflicted by the secret police. Hefty applause follows the gods, comments about the contradiction between business and an honorable life. As Berliners seek to redefine their beliefs, the need for values like compassion conflicts with the cold materialism of the West.Heavy metal music punctuates the crucial first scenes Song of Smoke. Michael John LaChiusa: looking for love Essay Parodying the ancient convention of the deus ex machina, Brecht sends his gods back to the heavens without having restored order in Sezuan. In present-day Germany a bitter irony exists: a deus ex machina in the form of West Germany descended to play the role of mock savior. But this illusory liberation and Western welcome have caused enormous disappointment and problems. Not only is the breakneck pace of economic change and competition overwhelming, but the government that once assumed the role of guardian no longer exists. More new Germans see that they must take on individual responsibility for their freedom, even if it means coming to terms with accrued debts, a closed factory or deception. Those people who suffer unfair treatment by society may feel now that they have no choice but to behave basely in order to survive.This production of Good Woman cut Brechts epilogue, depriving the audience of a collective search for a solution. Instead, the bleak ending suggests that only a minority still believes in the so-called third way, an alternative form of socialism, which might have revived the decaying GDR. Dramaturg Jorg Mihan told me that the decision was both thematic and practical. The references to a I solution to Sezuan a new person new gods and new world ring hollow in 1992. It is clear that attempts to create a better world in the GDR failed. Recent polls in Berlin show that half of the Eastern respondents are bitter about the present economic situation. Such concern is shared by the Berliner Ensemble, whose financial fears are reflected in the endings allusions to potential bankruptcy.In Germanys new states the unification is likened to an annexation. The often insensitive attempts by West German politicians to remove all traces of the GDR intensify the alienation East Germans already feel. Whether they be changed street names, a decapitated Lenin statue or the disappearance of child-care centers, these steps invalidate a society that lasted 40 years. Yet each move made to negate aspects of the old regime only distinguishes more clearly what it meant to be an East German as opposed to a West German.I was surprised that many reviewers declared Good Woman irrelevant when it opened last spring. The production, they wrote, was neither daring nor political enough in its epilogue-less ending. Were the critics seeking a solution to Sezuan? Were they expecting historification to defamiliarize the setting enough so they could recognize its significance? Or could it be that even trained spectators did not have enough emotional distance from the unification to sense the productions resonance with the times?Rebecca Rovit is a theatre historian presently doing research in Germany about theatre under reunification. This article is the first in a series entitled After the Fall, reports from the countries where recent political change has affected the theatre. Future issues will feature essays about Russia, South Africa and Yugoslavia.