Alternative Dispute Resolution †ADR †Summary

Alternative Dispute Resolution – ADR – Summary Free Online Research Papers In Alternative Dispute Resolution (ADR), the informal dispute resolution process, each involved party mutually agrees to meet with a professional third party to constructively and efficiently resolve their dispute rather than go to court. Through ADR, the parties are encouraged to engage in negotiations that promptly lead to the resolution of their dispute. The most common forms of ADR are mediation and arbitration. Although ADR is usually conducted on a voluntary basis, sometimes the courts require it before the case is taken to court. Since the political and civil unrest in the 1960s, there has been a rapid growth of ADR in the United States. The new laws that protected individual rights and lack of tolerance for discrimination brought more people to lawsuits. The significant increase of lawsuits overloaded the court system with long delays. Mediation and arbitration became more popular as they alleviated some of the pressure on the court system. (Spangler, 2003) Today, ADR is used in several types of disputes in the United States. One example of successful conflict resolution involved the U.S. Environmental Protection Agency (EPA) and NIBCO, Inc. This resulted in a $750,000 settlement in 1996. The dispute lasted over two years and was close to an administrative hearing and possible litigation. NIBCO is â€Å"a worldwide manufacturer of flow control products for residential, commercial construction, industrial, and irrigation markets.† (NIBCO, Inc., 2007, 1) NIBCO’s products are manufactured by pouring molten brass into sand molds. The sand is then contaminated with lead and cadmium leaching from the brass. At the facility in Nacogdoches, Texas, NIBCO added iron fillings to the sand and then disposed of it in a municipal landfill. Using the guidelines outlined in their toxicity characteristic leaching procedure, EPA determined that the sand was hazardous waste. EPA also concluded that NIBCO was in violation of Resource Conservation and Recovery Act (RCRA) regulations since the sand was not treated with a permit. NIBCO disagreed. Their position stated that the sand’s treatment was part of the manufacturing process and not a waste; therefore, the treated sand was not hazardous waste. Under authority of RCRA, EPA filed an administrative enforcement action seeking injunctive relief and a $2.2 million penalty from NIBCO. Both sides prepared their case for an administrative law judge. As the hearing date approached, NIBCO was willing to change their treatment and disposal procedures. However, both parties could not agree on a penalty amount. NIBCO suggested mediation in order to avoid expense and the uncertainty of a hearing outcome. Since both parties agreed on Howard Seitzman as a mediator, EPA was agreeable to mediation. A one-day mediation session was scheduled. Progress during the first day of mediation appeared fruitless. As EPA attempted to compromise, NIBCO did not make motion toward a solution. At the end of the day, there was no resolution. After a few days, NIBCO contacted Mr. Seitzman with a settlement offer to be expressed to EPA. After several days of exchanges through Mr. Seitzman, EPA and NIBCO came to a penalty resolution of $750,000 in payments over a four-year period. Also, NIBCO agreed to remove the disposed sand from the municipal landfill and to install wells to monitor the landfills’ groundwater. Through the resolution, NIBCO encountered an added benefit: an arrangement with a copper smelting facility. Instead of discarding the waste sand in a landfill, NIBCO began to send its waste sand to the copper facility where it was used as a fluxing agent in the copper manufacturing process. Another positive outcome to the resolution involved the Sloan Valve Company as it was engaged in a similar dispute with EPA. After NIBCO’s settlement, Sloan agreed to settle and pay a penalty. (Kandell, 1999, 1) In an analysis of the effectiveness of the dispute resolution process in the NIBCO and EPA case, a positive outcome proved the effectiveness. Each party directly participated in the outline of the arbitration process through Mr. Seitzman and agreed on the definition of a resolution. With this type of involvement, each party had an increase of satisfaction to the outcome and increase compliance. Another beneficial factor was the speed of the proceedings as well as the savings in court costs. Due to an integrated approach through cooperation rather than competition, there was less escalation between parties as an agreement was reached. References Kandell, E. (1999, February 24). NIBCO Administrative Hearing Avoided Using Mediation. Retrieved November 4, 2007, from http://adr.gov/ces/cessuccess2.pdf NIBCO, Inc. (2007). About NIBCO. Retrieved November 5, 2007, from nibco.com/cms.do;jsessionid=VY6CIXgZPs6JruPqGEm5xg**.app1?id=4 Spangler, B. (2003, June). Alternative Dispute Resolution (ADR). Retrieved November 5, 2007, from beyondintractability.org/essay/adr/ Research Papers on Alternative Dispute Resolution - ADR - SummaryDefinition of Export QuotasCapital PunishmentPETSTEL analysis of IndiaThe Fifth HorsemanQuebec and CanadaBionic Assembly System: A New Concept of SelfAnalysis of Ebay Expanding into AsiaIncorporating Risk and Uncertainty Factor in CapitalOpen Architechture a white paperThe Project Managment Office System

Romeo and Juliet short summary Essay Example

Romeo and Juliet short summary Essay Example Romeo and Juliet short summary Paper Romeo and Juliet short summary Paper From forth the fatal loins of these two foes A pair of star-crossed lovers takes their life; Whose misadventured piteous over throws Doth with their death bury their parents strife. Romeo and Juliet, a play of death marked love. Yet is the love presented realistic and believable? As important as love is to life and existence, the play is wholly based on love and its many forms. The time in history in which Romeo and Juliet is set, contributes to the play, and creates a realistic situation. Arranged marriages and marrying young plays a strong part in the play. This historical context goes against our modern society making the understanding of the play difficult for a modern audience to comprehend. Family relationships in the play are variable. The relationship between Capulet and lady Capulet is one of leadership, for example; A crutch, a crutch! Why call you for a sword? This question is spoken by lady Capulet and directed towards Capulet. It gives the effect that she has power or leadership over him. But in response Capulet over rules her question, which creates a sense of competition with leadership; My sword I say! Old Montague is come and flourishes his blade in spite of me. To show lady Capulet and Capulets love for each other they agree over Juliets sudden out burst over her arranged marriage to Paris. One occasion in this scene Capulet speaks to lady Capulet; Soft! Take me with you, take me with you, wife. Montague and lady Montague do not compete with each other and their son Romeo. Lady Montague says; thou shalt not stir one foot to seek a foe. She does not want any violence, and shows concern for her husband. Friendship is a strong variant of love in this play; it results in death and many consequences. The strongest impression of friendship is when Romeo avenges Mercutios death. Romeo and Mercutio were good friends. This is shown in their conversations. I thought all for the best. This is when Mercutio was stabbed and Romeo is saying how he tried to stop the fight. Romeo says this quotation as if he feels guilty and is trying to obtain forgiveness. There is a conflict here between love/loyalty to friends/relations and love for each other. Romeo and Juliets love is the most important in the play. When they first see each other they fall in love. From here on they make many references to love and death and a strange sense of tragedy to come. An example of this is after their night together, when Romeo must leave, Juliet says: Methinks I see thee, now thou art so low, As one dead in the bottom of a tomb. Either my eyesight fails, or thou lookest pale. This means that Juliet suddenly sees Romeo dead meaning a terrible tragedy is waiting to occur. Romeo and Juliet fall in love so instantly the audience will be unsure whether their love is true. It is not actually obvious whether it is true or not, but the ending may hold some answers. When Romeo finds Juliet dead he can see no other reason why he should live and Juliet feels the same when she wakes up to find Romeo dead. They kill themselves because the other is dead, but whether this is true love or they only think it is love, is not clear. In a way this does not matter, because the love is doomed. It is better that they die at the end of the play so it leaves the audience remembering the romance and passion and not the every day things. The dramatic irony of Romeo and Juliets love sets up tension for the audience in the beginning, showing love hand in hand with death. This makes their love special in the audiences view: I take thee at thy word. Call me but love, and Ill be new baptized. Henceforth I never will be Romeo. The consequences of love in this play, play a strong part in portraying the characters feelings. One such part is when Romeo has killed Tybalt and the consequence is Romeo being banished. This only happened because Romeo and Mercutio were good friends and Romeo had to take revenge. The consequence of the star-crossed lovers results in death for Romeo and Juliet, part of the dramatic irony for the audience. The party scene is where Romeo and Juliet first meet. This scene, I believe is one of the most important, as this is where their tragic end stems from. Is she a Capulet? O dear account! My life is my foes debt. This quotation is spoken by Romeo shortly after talking with Juliet. He says that his life is his enemys debt. His enemy is the Capulet family. When he finds out she is a Capulet his love for her reveals itself; otherwise her being a Capulet would not have worried him. The party scene is the scene that the audience dread. This is because they know their love will end in tragedy and so, they do not want Romeo and Juliet to meet. Thus with a kiss I die. There rust, and let me die. Romeo and Juliets last words, expressing desperation and last resort. The audience would feel emotional at the tragic end of the two star crossed lovers but realise how strong their love was. And there they die in Italy. Revenge, love and passion are the true cause of their love. For never was a story of more woe Than this of Juliet and her Romeo. The Prince rounds up the play and he emphasises how important Romeo and Juliets love was. Their love brought a new friendship between the Montagues and Capulets. Their love caused many misunderstanding, but it will always be remembered as a classic. A TRAGIC TALE OF WOE.

Serotiny and the Serotinous Cone

Serotiny and the Serotinous Cone Some tree species delay seed fall because their cones are dependent on a brief blast of heat to release seed. This dependency on heat during the seed production cycle is called serotiny and becomes a heat trigger for seed drop that may take decades to occur. Natural fire has to happen to complete the seed cycle. Although serotiny is primarily caused by fire, there are other seed release triggers that may work in tandem including periodic excess moisture, conditions of increased solar heat, atmospheric drying and parent plant death. Trees that have a serotinous tenancy in North America include some species of conifers including pine, spruce, cypress and sequoia. Serotinous trees in the southern hemisphere include some angiosperms like eucalyptus in fire-prone parts of Australia and South Africa. The Process of Serotiny Most trees drop their seeds during and just after the ripening period. Serotinous trees store their seeds in the canopy via cones or pods and wait for an environmental trigger. This is the process of serotiny. Desert shrubs and succulent plants depend on periodic rainfall for seed drop but the most common trigger for serotinous trees is periodic fire. Natural periodic fires occur globally, and on average, between 50 to 150 years. With naturally occurring periodic lightning fires over millions of years, trees evolved and developed the ability to resist high heat and eventually began using that heat in their reproduction cycle. The adaptation of thick and flame-resistant bark insulated the trees internal cells to direct flame and used the rising indirect heat from fire on cones to drop seed. In serotinous conifers, mature cone scales are naturally sealed shut with resin. Most (but not all) seeds stay in the canopy until the cones are heated to 122-140 degrees Fahrenheit (50 to 60 degrees Celsius). This heat melts the resin adhesive, the cone scales open to expose the seed that then drop or drift after several days to a burned but cool planting bed. These seeds actually do best on the burnt soil available to them. The site provides reduced competition, increased light, warmth and a short term increase of nutrients in the ash. The Canopy Advantage Seed storage in the canopy uses the advantage of height and breeze to distribute seed at the appropriate time onto a good, clear seedbed in satiating quantities enough for seed-eating critters. This masting effect increases the predator seed food supply to overabundance. With this abundance of newly added seed along with adequate germination rates, more seedlings than necessary will grow when moisture and temperature conditions are seasonally average or better. It is interesting to note that there are seeds that drop annually and are not a part of the heat-induced crop. This seed leakage seems to be a natural insurance policy against rare seed failures when conditions are adverse just after a burn and result in a full crop failure. What is Pyriscence? Pyriscence is often a word misused for serotiny. Pyriscence is not as much a heat-induced method for plant seed release, as it is an organisms adaptation to a fire-prone environment. It is the ecology of an environment where natural fires are common and where post-fire conditions offer the best seed germination and seedling survival rates for the adaptive species. A great example of pyriscence can be found in a southeastern United States longleaf pine forest ecosystem. This once large habitat is shrinking in size as fire is more and more excluded as land use patterns have changed. Although Pinus palustris is not a serotinous conifer, it has evolved to survive by producing seedlings that go through a protective grass stage. The initial shoot bursts in a brief bushy growth spurt and just as suddenly stops most top growth. Over the next few years, longleaf develops a significant tap root along with dense needle tufts. A compensating resumption of fast growth returns to the pine sapling around age seven.

Gender and psychology in Carol Ann Duffy's poems Thesis Proposal

Gender and psychology in Carol Ann Duffy's poems - Thesis Proposal Example Issues of gender, society, psychology, surrealism, sexuality, history, and fantasy have all found a place on the pages of her books. In my thesis, I intend to explore her poetic device of the dramatic monologue and its relation to the multiplicity of voices her poetry embodies. To better understand the societal and literary importance that set her body of work apart from others, it is necessary to indicate how this type of monologue gives a sense of freedom and authority to the misunderstood and neglected. Furthermore, I plan to shed light on the mental processing of the marginalized through the speakers reflections; in addition, I will focus on how her characters create their own identity by transforming the narrative language. The objectives of my research are firstly, to explore the various topics Carol Ann Duffy addressed in her writing, such as gender roles, female sexuality, suicide, and childhood, and to discuss what she had to say about each of them; secondly, to explore Carol Ann Duffy’s use of the narrative monologue as a vehicle of expression for her characters; and thirdly, to reveal the importance of Carol Ann Duffy’s body of work in the world of literature. It is my supposition that an analytical exploration of Carol Ann Duffy’s poetry will reveal a female writer who has found her voice in controversial topics by allowing her characters to develop their voice through her writing. The question I want to address is how successful is Carol Ann Duffy at broadening the reader’s perception of women, by shedding light on women’s issues through the unique usage of narrative monologues? In several of her books, such as The World’s Wife, Feminine Gospels, and Selling Manhattan, Duffy uses her writing to bring the female characters from the background to the forefront to emphasize the importance of the female

Free Trade and its Benefits Essay Example | Topics and Well Written Essays - 750 words

Free Trade and its Benefits - Essay Example e study of this subject very seriously. According to Lipsey,International Trade is a transaction and trade of goods and services between two individuals living in different countries,two companies operating in different countries and even two governments indulging in some form of trading activity.International trade becomes Free Trade when there are no taxes, quotas and tariffs are levied to these transactions. International trade becomes controlled trade when taxes and quotas are present in the trade activity involving two parties from different countries.There are certain advantages of Free Trade such as efficiency,improved standard of living and foreign earning.The disadvantages of Free Trade are plenty too.These include government revenue loss, deterioration for local industry and outflow of foreign reserves.It is widely believed that free trade leads to efficiency.This can be explained by a diagram,but we must keep in mind that opposite of free trade is one where the host govern ment charges either tariffs or quotas on imported goods. In the above diagram, it can be seen that free trade is more meritorious to a situation where either no international trade is taking place or where the trade is not free. At first there is no free trade. The market is work at a point where D=S or where demand is equated to supply. The equilibrium quantity of goods traded at this point is represented by â€Å"Y†. If the country decided to indulge in free trade then SW will become the supply curve and fewer goods will be traded in the market at point â€Å"Y1†. The reason why the quantity of goods traded in the market is reduced is because the imported goods are cheaper and local production of goods has reduced and the gap between Y-Y1 is filled by imported goods. This is a point of controversy and economists who are against Free Trade argue that free trade will lead to closure and downsizing of local businesses resulting in massive unemployment in the country. Un der these circumstances Free Trade looks like an evil and it looks a valid claim that imported goods should be stopped from penetrating the local markets. However, the supporters of Free Trade claim that it leads to better utilization of world’s scarce resources. They use the theories of absolute and comparative advantage to justify their claim and recommends that the country should divert from production of goods in which it does not have an absolute and comparative advantage to the good where these advantages can be exploited. However, many countries choose a different route and exploit the benefits of allocative efficiency. They charge some sort of taxes to imported goods or give subsidies to local industries to make sure that local production remains high and local industries are able to compete with the imported goods. This leads to partial improvement in local industries situation, but at the expense of efficiency. Hence, one can see that any trade that is taxed or rest ricted cannot yield same amount of efficiency as uncontrolled trade. Free Trade also renders certain other advantages too. It leads to an increase in choices that people can make. This is a necessary condition for improvement in living standard of people. Hence, Free Trade allows people to live a better life. Free Trade

Project Management Process at HLR Inc Essay Example | Topics and Well Written Essays - 750 words

Project Management Process at HLR Inc - Essay Example This paper discusses the main issues concerned with the implementation of Information Technology project at HLR Inc. The firm had never implemented such a big project that involves huge investment and association of many stakeholders. Stakeholder analysis is an important stage in the management of a project. A stakeholder may be defined as anybody or organization who is actively involved in the project process and they include people who are affected by the project (Sproull 1991). Actually, stakeholder identification is a continuous process. At any stage of the project, stakeholders can be identified. Hence, it is the best practice to workout the stakeholders' list and documents it in the initial stages of the project. During the course of the project, this stakeholder list can be updated. The project manager should be aware of the needs and wants of the stakeholders as different stakeholders will have different wants and needs. The key stakeholders of the present project include the following parties: The Customer/user (HLR Inc and its customers): HLR Inc is the immediate customer of the project. However, the customers who purchase goods and receive service from the organization also form part of the stakeholders of the project. The project sponsor has a specific role to play in the project process. ... Product Fulfillment (Denver, Ottawa CN): Processes, evaluates, and approves development and leasing contracts. Makes changes to customer information if notified. Customer Service (Denver): Resolves problems for customers and acts as the 24/7 call center for lease or customer related issues. Makes changes to customer information. Billing (Chicago HQ): Deals with rental payments, invoice issues, and follow-ups. Makes changes to customer information. Provides financial information to sales and executive management Marketing (Chicago HQ): Reviews sales and future development data and determines marketing opportunities. Sponsor (CIO of HLR Inc): The person who facilitates project process by timely arranging finance and other resources. Any other people who are influenced indirectly by the activities of the organization. The Project Sponsor The project sponsor has a specific role to play in the project process. He occupies the prominent position as the project is initiated and completed by him by arranging all resources necessary for the project. In the present case, CIO is the project sponsor, who is responsible to undertake the completion of the project to protect the organization interest along with the interest of other stakeholders. CIO at HLR Inc is primarily a high risk-taker as the project is being criticized by many in the organization. However, the project manager takes strong decisions as to the smooth flow of the operations and completion of the work. CIO, here acts as the mediator between the project manager and other stakeholders who are adversely affected by the new project. There is no doubt that the scope of the responsibility of CIO spans the whole of the project life cycle. The activities of CIO involve the

Comoany Report Research Paper Example | Topics and Well Written Essays - 1500 words

Comoany Report - Research Paper Example Edwin Good who was then a merchant in New York, came to Manhattan to work as an apprentice for Bergdorf. When almost two years passed Goodman had raised enough money to purchase the store from Goodman and moves to a location where it stands today and named the store ‘Bergdorf Goodman’ in 1901. Goodman was the first couturier to introduce ready-to-wear fashion in 1914, which became very popular (The Neiman Marcus, Inc). Gradually Goodman started to purchase the stores nearby and expended its business throughout the street and acquiring the entire block in 1930. Goodman was awarded as the ‘Legion of Honor’ from France and after that he retired as the most accomplished merchant of his time in 1953. Goodman’s son Andrew assumed the position of President and continued to expand its product range (The Neiman Marcus, Inc). The company expanded its business of up to $1 million in beauty salon and bridal services and in the year 1967 the investment of $2.5 million doubled the size of the store. In 1980, Bergdorf Goodman was taken over by Neiman Marcus and Contempo Casuals to form Neiman Marcus Group. The group expanded the business in to a restaurant and a cafà © in which lunch and afternoon tea is served. In 2005, two equity firms acquired Neiman Marcus Group (The Neiman Marcus, Inc). The mission of the Company is to become a premier luxury retailer in providing our customers with unique needs and with superior services. The focus is to serve the affluent customers with distinctive merchandise with a commitment stronger than ever. Our aim remains to maximize the perception of brand exclusivity and alleviate the sales of goods at premium prices (The Neiman Marcus, Inc). Operating earnings for the specialty stores were $272.5 million and the revenues for the August 2009 was $124.3 million. The increase in the operating margin was due to the low net markdowns and higher customer