Types of Alternative Dispute Resolutions

Types of Alternative Dispute Resolutions Introduction- This factsheet is about the different types of Alternative dispute resolutions (ADR), including advantages and disadvantages for each of them. ADR is a method mostly used for civil cases to deal with legal conflicts and disputes that are resolved privately other than through hearing in the public courts. Binding is a decision of an agreement or promise involving an obligation that cannot be broken. For example, tribunals have a panel of independent people (judge) who will make a decision for them. Non-binding is where the decision of agreement or promise requires both of the parties to come to an agreement. For example, a verbal agreement is considered to be non-binding because there is no legal force. You basically dont have to commit to any agreement, it is optional. Types of Alternative dispute resolutions Tribunals- usually sit as panel, 2 of which are specialised in the dispute that is getting solved and one who us hearing the case and potentially is the judge. However, tribunals have limited power to impose fines and penalties or to award compensation and costs. More than that the parties agree on a non-binding decision- in other words the tribunals can give their own opinion on how to resolve the case but they cannot enforce both of the parties on a legal settlement or a solution. This is similar to a court without the ritual or formality. They are involved in a number of specialist tribunal which bear their name: Employment Tribunals, Immigration Tribunals, and Social Security Tribunals etc. There are many types of tribunals but they may be classed as two main types: administrative and domestic.   Ã‚   Administrative individual v state e.g. Social Security Appeal Tribunal, Immigration Tribunal and Mental Health Review Tribunals. Note: exceptions e.g. Employment tribunals and rent tribunals Domestic Tribunals often set up by professional bodies to deal with in-house- issues and apply rules within that body. E.g. Solicitors Disciplinary Tribunal, GMC, FA, GTC etc Advantages: Solving disputes using tribunals is quite cheap and cost effective as mostly expertise who are specialised in a certain field in civil law reduces the time needed and the cost of using a qualified judge. Disadvantages: Effectiveness Tribunals embrace many valuable assets in aiding the justice system. They are cost effective as tribunals do not charge a fee, and each party pays their own expenses compared to the courts where the loser pays for the legal fees of the winning party. Another way that tribunals are cost effective is the fact that there is no need for a specialized court house for cases to be heard. Tribunals are also less expense because members sitting on tribunal panels are cheaper to employ compared to judges and there is no need for legal representation. Mediation Mediation is Mediation is an effective way of resolving disputes without the need to go to court. It involves an independent third party a mediator who helps both sides come to an agreement. Reference from (http://www.civilmediation.org/about-mediation/29/what-is-mediation-) The role of the mediator is to help parties reach a solution to their problem and to arrive at a result that both parties are content to accept. Mediators avoids being biased, and are not favourable to one party when making judgements or giving guidance. They are basically responsible for developing effective communications and building compromise between the parties. The focus of a mediation meeting is to reach a common sense settlement agreeable to both parties in a case. Advantages: In Civil cases Mediation is quite simple and there are no complex rules therefore the case/dispute is solved efficiently there is a 3rd party involved, but have no active role i.e. no decision making therefore there is no determination of accountability, solution personalised to parties needs. As Parties are paying for mediation it encourages for them to settle to an agreement, because as they are paying for it they have more value for the ADR method they are using. This is also gives the parties are full participants and can express their own views and apprehensions, where in civil litigation the parties legal representative such as lawyers- are the only ones who represent their party unless the party takes the stand and is subject to question by the opposite advocate. The first advantage is that mediation is less costly than civil litigation for many reasons: Most mediators who specialise for example in construction charge by the hour rates and the mediation usually is completed in a short period of time between 1 to 2 days, this also saves time as litigation is more time-consuming. Preparation for mediation is far easier and simpler than is required to prepare for arbitration or litigation, this is because there is not a lot of paperwork needed. lawyers are not necessary but may participate at the request of a party, this makes their case more favourable as the would be a chance that one of the party who had a legal representative wins the case. However, If the parties choose to have a binding mediation, they will have a similar conclusiveness as binding arbitration offers. Which is without the formalities and costs associated with binding arbitration. In many cases, the mediation can be held at the home involved rather than needing to schedule a place/accommodation to visit and if needed, a separate arbitration hearing at a neutral location or litigation that must be held at a court of jurisdiction. In most instances, the mediator is experienced in the issues that are in dispute and can assist the parties in the reality of their opinions and positions, ultimately making the parties settle for an agreement. Lastly, the parties should not face court filing fees and its related expenses. Disadvantages: Even though there are normally no lawyers present at mediation, the agreement between the parties involved is legally binding in most judicial systems. Another disadvantage of mediation is that either party can withdraw from the proceedings at any time. Reference from (https://www.lawteacher.net/free-law-essays/contract-law/advantages-and-disadvantages-of-mediation-adr-contract-law-essay.php) overall mediation is very successful, so there is a very less chance for the parties not to settle and have some sort of agreement. Effectiveness Mediation may be particularly useful when parties have a relationship they want to maintain. For instance, when family members, neighbours, or business partners have a dispute, mediation may be the ADR process to use. Mediation is also effective when emotions are getting in the way of resolution. An effective mediator can hear the parties out and help them communicate with each other in an effective and non-destructive manner. However, Mediation may not be effective if one of the parties is unwilling to co-operate or compromise for an overall settlement. Mediation also may not be effective if one of the parties has a significant advantage in power over the other i.e. may have a solicitor supporting them with their case. Therefore, it may not be a good choice if the parties have a history of abuse or victimisation. Negotiation-is at the core of most Alternative Dispute Resolution (ADR). It has been defined as any form of direct or indirect communication where both of the parties come with an agreement. It involves inspecting the facts of a situation, showing both the common and opposing interests of the parties involved, and bargaining to resolve as many issues as possible. negotiation is done by both of the parties having no third party involved both them alone. The aim is to negotiate and settle their differences by the parties having to compromise for agreement whilst avoiding argument and dispute. reference https://www.skillsyouneed.com/ips/negotiation.html#ixzz4Y7yz37Kf Advantages: It is completely confidential mostly for those people who are going to dispute a civil case and it is the quickest method because if both of the parties come to an agreement then the case doesnt have to go to the courts or need other types of ADR. Negation is much cheaper than taking the case to the court, meaning the parties wouldnt have to pay for lawyers or solicitors or the expenses of a 3rd party. Lastly it allows the parties flexibility in the terms of settlement such as negotiating money or compensation and potentially doesnt cost anything at all. However, no party is required to participate in a negotiation. The parties are free to accept or discard the outcome of negotiations and can withdraw at any point during the process. Also The parties are free to adopt whatever rules they choose, if any. Generally, they will agree on issues such as the subject matter, timing and location of negotiations. Further matters such as confidentiality, the number of negotiating sessions the p arties commit to, and which documents may be used, can also be addressed. Reference from http://www.justice.gc.ca/eng/rp-pr/csj-sjc/dprs-sprd/res/drrg-mrrc/03.html Disadvantages: If the parties cant resolve their problems on their own, their problem will continue unsettled and the parties must consider another process for resolution. This is a disadvantage because cost and expense would occur for both of the parties, and this is very unfair for people or group that are less fortunate to fun for other ADRs. another disadvantage is that, the parties themselves have to research laws and analyse their disputes amongst themselves by representing facts and evidence without legal representatives or 3rd parties. Effectiveness In my opinion negotiation is effective for very minor civil cases such as the tenant has not paid rent for 4 months. Both of the parties can negotiate Arbitration -in such an instance the courts will refuse to hear your claim until arbitration. In the process it may state how arbitration will proceed e.g. date time, venue etc. arbitration s free but the arbitrator will charge fee. An arbitrator essentially acts as a judge would if the case went to the court. The arbitrator will hear the dispute and gather evidence presented by the parties involved and will make a binding decision. The arbitrator essentially acts as a judge would if the case went to court. The arbitrator will hear arguments and evidence presented by the parties involved in the dispute and will make a binding decision to resolve the disagreement. Advantages Arbitration, involves two parties in a dispute who agree to work with a disinterested third party in an attempt to resolve the dispute privately. Arbitration process is fairly quick. Once an arbitrator is selected, the case can be heard immediately. Disadvantages Effectiveness Arbitration is best for cases where the parties want another person to decide the outcome of their dispute for them but would like to avoid the formality, time, and expense of a trial. It may also be appropriate for complex matters where the parties want a decision-maker who has training or experience that are specialist in the subject matter of the dispute. On the other hand, If parties want to retain control over how their dispute is resolved, arbitration, particularly binding arbitration, is not appropriate. In binding arbitration, the parties generally cannot appeal the arbitrators award, even if it is not supported by the evidence or the law. Even in nonbinding arbitration, if a party requests a trial and does not receive a more favourable result at trial than in arbitration, there may be penalties Conciliation Comparable to mediation because there is a third party involved. However, it plays a more active role, e.g. make suggestions on settlement and/ or suggestions on any compromises that should be made within the parties disputes. At some point during the conciliation, the conciliator will be asked by the parties to offer a non-binding settlement proposal. This means that the agreement isnt compulsory and can be denied by the parties if they wish not to settle. Advantages: Conciliation allows the parties to have flexibility as they can choose their own timing and language, place, structure and content of the conciliation proceedings whereas the court gives you their own place, timing and the structure of content for example- whatever the date of the hearings, the party would have to be present there and then. As a conciliator you do not need a professional background i.e. any qualifications. Both conciliation is analytical and make a fair judgement. However, the process for conciliation is not legally binding so both of the parties do not have to negotiate a settlement. On the other hand, if the parties where solving their disputes in the court, it would be a process that is legally binding so the judges will decide on the settlement and they both have to agree with it. Disadvantages: Effectiveness Conclusion

Theme of Pastoralism in Shakespeare’s as You Like It

William Shakespeare’s ‘As You Like It’ is probably one of the most famous pastoral comedies of all times. Written around 1599 and published in 1623, its plot was derived from Thomas Lodge’s pastoral romance ‘Rosalynde’. But what is interesting about this play is how Shakespeare, using the features and tropes of a pastoral comedy, undercuts the idea of the pastoral. The pastoral, as a genre, can be said to have had its beginnings with Theocritus’ ‘Idylls’. Other notable works in this genre are Virgil’s ‘Eclogues’ and Longus’ ‘Daphnis and Chloe’. Artificiality and lack of realism are the chief characteristics of this tradition.When the Elizabethans wrote in this tradition, they more or less followed the set conventions. The shepherds with which they peopled their rural landscape were metaphors for amorous lovers, scholar-poets and aristocrats in exile. These poets gave the primacy to cou rtiers who led a shepherd-like existence or merely treated the rural environment as a background to the amours of shepherds and shepherdesses who in their love-behaviour resembled the refined noble-men of the court. ‘As You Like It’ also has these love-lorn figures in characters such as Silvius and Phebe.Yet, it can be clearly seen from their marginalized status in the play that Shakespeare has clearly departed from the convention of ‘pastoralisation’ of the courtly people. 1. The people in Shakespeare’s pastoral are not the dainty shepherds and shepherdesses of the golden world. They are uneducated, plain-spoken, not much concerned with romance, poetry and etiquette. The reason for this far-away-from-reality portrayal of the country people in pastoral romances and poetry was the fact that the authors/poets were a part of a class belonging to the town and court.Their anxieties and pre-occupations with their own socio-politico-economic conditions nece ssitated the construction of an idyllic space, free from all the troubles and tensions. And it was to fulfil this need to escape that they created an almost Eden-like rural world. The pastoral, therefore, became one of the literary forms best suited for an expression of disgust with the court and an admiration for the ‘simple pleasures’ of the country. 2. â€Å"They say he is already in the Forest of Arden, and many a merry men with him; and there they live like the old Robin Hood of England.They say many young gentlemen flock to him every day, and fleet the time carelessly as they did in the golden world†, says Charles in Act 1, Scene 1 of the play. This sure raises our expectations about the Forest of Arden as a place where life is like a never-ending holiday. In Act 2, Scene 1, Duke Senior also describes the Forest as a place where he finds â€Å"good in everything† and compares it to the Garden of Eden. But in the very same dialogue, he refers to the à ¢â‚¬Å"icy fang/ And churlish chiding of the winter’s wind†. This brings to our notice the less-than-perfect nature of life in Arden.Even when away from the strifes of courtly life, the courtiers and the duke have to bear the â€Å"penalty of Adam†. Each of the character that enters the Forest of Arden considers it as a refuge from the iniquity, restriction, oppression and corruption of the life at court. Rosalind and Celia run away from the court to escape the patriarchal domination of the tyrant Duke Frederick. Orlando and Adam come to the Forest in search of a new life away from the injustice meted out to him by his own brother. Duke Senior and his courtiers remain in the Forest as exiles, having been wronged at the hands of Duke Frederick.But even here Shakespeare inverts this notion by giving each one of them their share of trials and tribulations. It certainly is not an escape into a utopian world as we would like it to be. Each of them reaches the Forest in a state of physical exhaustion and it is not the end of their troubles, what with hunger, extreme weather conditions and struggle for survival staring them in the face. The play also deals with the idea of old world-new world order and uses pastoral as a medium to resolve serious socio-political problems.The society at this point in time was in a state of flux and the aristocracy came to be divided into two categories – One that still set much store by the notions of blood lineage, loyalty and a golden, feudal society where everyone knows his place and the other that adopted the Machiavellian idea of rampant individualism and gain of power for selfish purposes. Shakespeare presents this split in the society in terms of familial conflict between Oliver and Orlando & Duke Senior and Duke Frederick.In denying Orlando his share in his fathers’ fortune and mistreating Adam, Oliver violates the moral law of the traditional order which required the lord to fulfil the patriar chal commitment of ensuring a harmonious social order on his estate. Sir Rowland de Boys is depicted as the epitome of the ideal lord. By virtue of being morally akin to his father, Orlando is loved by everyone. He embodies traditional values of the old feudal order, â€Å"the antique world†. Oliver, being all that his father was not is representative of the new world order.Duke Frederick, similarly, is put in the same moral category when he says, â€Å"The world esteemed [Sir Rowland] honourable/But I did find him still mine enemy. † Not only this, he is an anomaly in the law of primogeniture because he overthrows the rightful inheritor, Duke Senior, who also loves Sir Rowland and thus we hold him in the same light as Orlando. Oliver violates moral law, Duke Frederick violates social law. It is in the Forest of Aden that this violation is corrected and we see the ultimate re-uniting of the Orlando and Oliver when the wronged younger brother saves the life of the very elder brother who had plotted to kill him.And it is after entering the Forest that Duke Frederick realises his folly in usurping the rightful position of his brother and Duke Senior is thus reinstated as the king. The Forest, more importantly the idea of countryside, then works as a place which provides resolution to the conflicts and restores harmony. There is a constant contrast being drawn between the court and the country in the play which undoubtedly presents the country as a better and superior alternative.The move by the characters into the Forest of Arden is seen as a retreat into nature where they are physically and spiritually rejuvenated. It is also a source of learning for the Duke Senior, for he â€Å"Finds tongues in trees, books in the running brooks/Sermons in stones, and good in everything†. Their stay in the Forest re-instils a sense of confidence in them and they also acquire a degree of self-knowledge. But in spite of this idealization of the country we do not see even one character that completely identifies with it.The pastoral is just a temporary refuge and never a permanent haven. As soon as the familial and social conflicts are resolved, the inhabitants leave the place about which they had eulogised. In Act 1, Scene 1, talking to Adam about Oliver’s unjust behaviour towards him, Orlando describes his gentility against the coarseness of the country people. In saying â€Å"You have trained me like a peasant, obscuring and hiding from me all gentleman-like qualities†, Orlando gives vent to an inherent prejudice against the country folks as uncivilized people.Even when in the Forest, Orlando thinks of the country dwellers as incapable of any civility and the prejudice in him remains intact when he says â€Å"I thought that all things had been savage here†. Duke Senior refers to his days at court as â€Å"better days† with an evident sense of nostalgia in the same scene and draws a contrast between the ord erly life at court and the almost anarchical existence in the Forest when he recalls the â€Å"holy bell [that] knolled to church/ And [when he] sat at good men’s feasts†. This distinction between the court and country is brought out most tellingly in the characters of Touchstone and Corin.Touchstone’s description of himself as a courtier not only parodies the courtiers and their ways but also provides a contrast with the simplicity of Corin, representative of the rural fraternity. We notice a misplaced sense of elitism and superiority seeping in in the behaviour of Touchstone as soon as he enters the Forest when he calls out to Corin as â€Å"you clown† in Act 2, Scene 5 and refers to himself as his â€Å"betters†. The conversation between the two in Act 3, Scene 2 shows the yawning fissures that separated the two classes and precluded any possibility of a democratic exchange of ideas. 3.Touchstone’s answer to Corin’s inquiry about h is feelings for shepherd life underlines the conventions of the pastoral life-â€Å" Truly, shepherd, in respect of itself it is a good life; but in respect that it is a shepherd's life, it is naught. In respect that it is solitary, I like it very well; but in respect that it is private, it is a very vile life. Now, in respect it is in the fields, it pleaseth me well; but in respect it is not in the court, it is tedious. † Corin himself continues this realistic tone when he points out the obvious differences between life in the court and life in the country.The best truce between the two diametrically opposite worlds comes in Corin’s sagacious analysis-â€Å" Those that are good manners at the court are as ridiculous in the country as the behaviour of the country is most mockable at the court† thus establishing that one place is not necessarily better than the other, just different. The relationship that the court people establish with the Forest and the forest- dwellers is almost exploitative in nature. Despite being away from the court physically, they can never really leave behind the court mannerisms and prejudices.We see a new court order being established in the Forest. The Duke and his courtiers are refugees in the forest, but still they become tyrants and usurpers of the place rightfully belonging to the inhabitants. They kill the animals, the natives i. e. , for their own convenience and pleasure. Broken feudal loyalties are strengthened when Duke Sr. meets Orlando and recognises him to be the son of his favourite, Sir Rowland. We see the creation of a social hierarchy when Rosalind and Celia, by virtue of their socio-economic position in the society, enter into a business arrangement’ with Corin and offer to buy his land. Although, he is a native of the Forest and should be economically prosperous, going by the conventions of the pastoral, we are informed that he does not even â€Å"shear the fleeces [he] graze[s]† a nd is servant to a â€Å"churlish master†. Thus unlike the traditional pastoral relationship between the courtier and shepherds which is that of good-natured equality, in Shakespeare’s play the shepherd can only become a host to the ladies by becoming their servant. . Some critics have also read this usurpation of the rights of the natives as a critique of the systemic enclosure of the commons in 17th century England. As mentioned earlier, the retreat into the Forest is not an escape into a utopian world. Rather than simply being an idyllic, innocent site to escape to, Arden is constructed as a neutral space where people are allowed to be themselves, free to create alternate identities and perhaps this is from where the title of the play, ‘As You Like It’, derives. 5.Each character that enters the Forest projects his own personality on to it. So while Duke Sr finds it to be â€Å"idyllic golden world†, almost Eden-like, Orlando calls it â€Å"deser t inaccessible†. Rosalind and Celia meet a pleasant sheepcote â€Å"fenced with olive trees† on entering the Forest while Oliver is greeted by a snake with drawn fangs and a lioness ready to kill him. So a retreat into Arden can be seen as a metaphor for the retreat into ones soul. It becomes the mirror of their minds, reflecting their thoughts onto their situations.Rosalind and Celia escape the unpleasant and restricted atmosphere of the court and don new identities in the Forest. While Celia chooses the name Aliena, representative of her state of mind, Rosalind forges an altogether new identity for herself by choosing to dress up like a man as Ganymede. By doing this, Rosalind draws upon the latent courage and resilience of her character. She becomes a working woman, independent of all male control, something which the orderly and patriarchal world of the court would not have permitted.A subversion of the gender stereotypes is also happening in the relationship of Orl ando and Rosalind in the Forest where Orlando roams about looking for her and inscribing eulogies as proof of his love for Rosalind on tree barks and she tests his love in the garb of Ganymede. Orlando, whom we had seen as a man who knows his worth and potential but is unable to actualise it due to his situation in society, transforms into a most ardent lover as he is given the freedom to express his love. The loyal courtier in him is accorded its true worth when Duke Sr recognises him as the son of Sir Rowland de Boys.Thus the entry into Forest can also be seen as a symbolic quest to determine one’s identity. In so far as all the action of the play takes place in the Forest of Arden, it is of prime importance. But as we have noticed, the retreat into Arden is not a permanent move on the part of the court dwellers. The stay in the Forest is a means to and not the end itself, the end being resolution of all social and familial conflicts. And Shakespeare very well uses the past oral tradition to achieve this resolution.

Animal Testing Is Morally The Right Thing - 2068 Words

Today, Millions of animals across the globe are being used in labs as a way to experiment and test things such as cosmetics and drugs while also being used for biology lessons, medical training and sometimes just curiosity-driven experimentations. Many would say these test are infringing on the â€Å"animal s right†.we will look at immanuel kant with his theory of the categorical imperative and other philosophers such as aristotle and will demonstrate how they have had a large impact on how we see these animals rights today and how they play a role in whether or not animal testing is morally the right thing to do.experimentations on animals has been done throughout almost all of in history and in some way or another contributed to most nearly every medical breakthrough. however , where do we draw the line between testing to further progress knowledge and scientific studies and infringing on the animals rights? In addition how far are we willing to go with â€Å"animal righ ts†? In order to truly get get a better understanding to answer these questions, i m going to dive deeper into both the pros and cons of the use of animals in scientific experiments and see if there are any proven alternatives that could be used to better science and the rights of all animals. Animal rights is the belief that all sentient beings (such as dogs, pigs, and birds) have moral rights to their own life and should not be used strictly for our own benefits no matter how â€Å"cute† or â€Å"tasty† they mightShow MoreRelatedShould Animals Be Used For Product Or Medical Research?767 Words   |  4 PagesIsn’t that a horrible thing? That’s what animals go through almost everyday. Animal medical research and animal testing has been going on for years and years and needs to be stopped immediately. They have lives just like us and are being treated like their nothing. Animals should not be used for product or medical research. 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As companions, entertainment, test subjects and food, animals serve vital roles throughout our lives.The Animal Bill of Rights, through the Animal Legal Defense Fund, attempts to defend the basic legal rights of all animals. However, to weigh the need for such an act, one must compare the suffering of animals to the benefits such suffering gives to humankind. It’s much more important to highlight the crucial medical advances that lab animals have providedRead MoreInhumane Treatment of Animals During Drug Testing1082 Words   |  4 Pages In today’s world the act of drug and medical testing on a nimals has become very common. It has also grown at a great rate over the last few decades â€Å"Dr Laura water, science festival 2012† accompanied with rising questions and arguments which include types of testing methods that are most likely to identify drugs that are unsafe for humans, demerits of drug and medical testing on animals and Lastly whether animal experiments are useful. 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Suicide Was the Only Option Elie Wiesels Night Essay

The Holocaust was the genocide of approximately six million people of innocent Jewish decent by the Nazi government. The Holocaust was a very tragic time in history due to the idealism that people were taken from their surroundings, persecuted and murdered due to the belief that German Nazi’s were superior to Jews. During the Holocaust, many people suffered both physically and mentally. Tragic events in people’s lives cause a change in their outlook on the world and their future. Due to the tragic events that had taken place being deceased in their lives, survivors often felt that death was a better option than freedom. The Holocaust was a traumatic event that changed everyone that survived. The psychological effects that survivors†¦show more content†¦Holocaust survivors also suffered from depression. Though depression is a serious problem, it can be cured over a matter of time. The reason one suffers from depression vary from individual to individual. Unlike mood swings and temporary feelings, depression is constant. It is a constant struggle with emotions. This illness causes interference with one’s ability to perform everyday task, it jumbles a persons’ thoughts, behaviors and their overall attitude. Survivors had experienced a lot of loss during this time in their lives. They experienced loss of their families and friends. These losses take a toll on people’s mental stability. Survivors felt this loss when they were freed because they had memories of the family members and friends they had lost along the way. When they were taken to the camps they were str ipped of their clothes, their jewelry and their homes. Towards the end of World War II when the Nazi’s were defeated, people were once again free to live life, many of the survivors were very sick or very young becoming unable to be aware of what should have potentially been the happiest day of their lives. When asked what the saddest day of her life was in an interview a woman by the name of Reilly stated: â€Å"I remember slipping slowly into an unconscious state of mind with occasional moments of lucidity†¦When I awoke from a dreadful nightmare there were friendly, smiling faces around me tellingShow MoreRelatedFamily in Night by Ellie Wiesel 2312 Words   |  9 PagesWhat does the word family mean to you? In my opinion, family means everything to me. It’s the people I knew since I was born, who I know I can turn to anytime needed. Everyone has their own definition of family, it can be positive, negative, or even both. In the world’s society everyone is born into a family, it can be a traditional, a un -blood related, or an extended family. No matter how well a family relationship can be there is no such thing as a perfect family. In many classic pieces of