The Legal System and ADR Analysis Essay Example for Free

The Legal System and ADR Analysis Essay Alternative Dispute Resolution (ADR) refers to any means of settling disputes outside of the courtroom. ADR typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration. As burgeoning court queues, rising costs of litigation, and time delays continue to plague litigants, more states have begun experimenting with ADR programs. Some of these programs are voluntary; others are mandatory. While the two most common forms of ADR are arbitration and mediation, negotiation is almost always attempted first to resolve a dispute. It is the preeminent mode of dispute resolution. Negotiation allows the parties to meet in order to settle a dispute. The main advantage of this form of dispute settlement is that it allows the parties themselves to control the process and the solution. Mediation is also an informal alternative to litigation. Mediators are individuals trained in negotiations, who bring opposing parties together and attempt to work out a settlement or agreement that both parties accept or reject. Mediation is used for a wide gamut of case-types ranging from juvenile felonies to federal government negotiations with Native American Indian tribes. Mediation has also become a significant method for resolving disputes between investors and their stock brokers. Arbitration is a simplified version of a trial involving limited discovery and simplified rules of evidence. The arbitration is headed and decided by an arbitral panel. To comprise a panel, either both sides agree on one arbitrator, or each side selects one arbitrator and the two arbitrators elect the third. Arbitration hearings usually last between a few days to a  week, and the panel only meets for a few hours per day. The panel then deliberates and issues a written decision, or arbitral award. Opinions are not public record. Arbitration has long been used in labor, construction, and securities regulation, but is now gaining popularity in other business disputes. Title 9 of the U.S. Code establishes federal law supporting arbitration. It is based on Congresss plenary power over interstate commerce. Where Title 9 applies, its terms prevail over state law. There are, however, numerous state laws on ADR. Forty-nine states have adopted the 1956 version of the Uniform Arbitration Act as state law. The act was revised in 2000 and subsequently adopted by twelve states. The arbitration agreement and award is now enforceable under both state and federal law. In 1958, the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards was drafted to aid in the enforcement in domestic courts of awards granted in foreign countries. As of August 2007, there were 142 countries participating in the convention. In 1970, the United States joined the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Reference Robbins, S. P. Judge, T. A. (2011). Organizational behavior (14th ed.). Upper Saddle River, NJ: Pearson/Prentice Hall.

The Doctor Who Saved Boston Essay -- Short Stories History Baseball Pa

The Doctor Who Saved Boston The memories of the Red Sox run to the 2004 World Series championship this year will remain in the minds of Sox fans forever. Whether it is David Ortiz’s walk off performances against the Angels and Yankees, Manny Ramirez’s tape measure home runs, or Derek Lowe winning the clinching games of all three playoff series, Red Sox nation will not soon forget the memories that the â€Å"bunch of idiots,† as centerfielder Johnny Damon dubbed this year’s Sox club,provided them, nor will they forget the Sox all out assault on baseball and Boston sports history. But of all the images the fans retain, of all the feelings they experienced, of all the heroes Sox nation put on an altar and worshipped - the most memorable has to be Curt Schilling pitching three games on an inured ankle, blood from broken sutures seeping through his sock and a look of obvious discomfort on his face, winning two, and capturing the heart’s of every member of Red Sox nation. But to understand the elation of the Nation and the reason that it has turned Curt Schilling into a God in the church that Cy Young, Ted Williams, and Carl Yaztremski built, we have to take a step back and remember the predicament that the Red Sox were in just over two months ago. It was October 12, and the Yankees had beaten the Red Sox in Game one of the ALCS. It was only one game, but that familiar feeling was back. That familiar feeling that Red sox fans have of doom and gloom lingering just over the horizon returned. Curt Schilling, the hired gun, the man who Sox management had brought in to beat the Yankees in just this situation, had not only lost the game, but looked utterly ineffective in doing so, allowing six runs in just three innings of work a... ... 55,000 people from New York shut up.† But in the end he was so much more than just a hired gun, he was a hero in real red socks. And he made more than 55,000 people from Boston stand up and applaud as he became the newest Red Sox player to be canonized in the church of Red Sox nation, alongside Yaz, the Kid, Pudge and Cy. And not to be forgotten is the man behind the scenes, the quiet and unassuming surgeon who made it all possible, Dr. William Morgan, whose name will be forever linked to Curt Schilling, the Red Sox and the 2004 World Series. He may not have thrown a pitch or swung a bat, but William Morgan saved the 2004 Boston Red Sox from being another team that just missed. And he saved Red Sox fans from finally having to utter those awful words – â€Å"wait ‘til next year.† But because of Bill Morgan and the entire Red Sox medical staff, next year is this year.

Leadership Principle of Jesus

Principles of Leadership What is leadership? Leadership is the ability to obtain followers. Leadership is influence. You are a leader to the extent that people are following you. Why is leadership important? Leadership is important because it influences the destiny of people. Leadership also determines, to a large extent, what a group of people will be able to achieve. Leadership moves people towards common goals, principles and values. Good leadership enables people to work together well, and realize their potential. Poor leadership frustrates both people and projects. Poor leadership results in people being hurt.Good leadership results in strong people and excellent results. These comments apply to every area of life and human endeavour. Who Can be a Leader? Anyone who can act can be a leader – however, some have greater leadership potential than others essay writer pay. Not everyone can be a great leader, but everyone can be a better leader. The multiplication of leadership is the key to the multiplication of a movement. The communists knew this, and had as a motto, â€Å"Every communist a leader†. People have different personality types and styles of relating. Being a leader does not depend on having a particular personality type or style of relating.Neither does leadership exclusively depend on having a particular technical ability or giftedness. A good leader without certain skills or gifts can lead people possessing those abilities. A great leader can gather around them others who are very gifted and capable in particular areas. Both men and women can lead, although it is a fact that there are more male leaders in the world than female, and this will probably continue into the next century also. On the other hand, for every man that ever was, there was a mother, and the leadership influence of mothers over their own children can hardly be over-estimated.How Does Leadership Happen? Leadership happens in two ways. The most common way is that a faithful follower is promoted to a greater position of influence within an organisation, and thereby takes responsibility to lead people in their group or division. The other way leadership happens is when an individual gets passionately interested in doing something, starts doing it alone, and finds others who want to join in. A leader must lead. There is no leadership without action. There must be both action and communication. What Qualities make a Better Leader?A good leader leads by example. The greatest authority in leadership is reserved for those who have have done themselves the things they seek to motivate others to do. A positive attitude is very important. Leadership is not possible without advocating something. Criticism of others behind their backs is not leadership. A leader must show a better way, mostly by example. People what to be part of a winning team. A good leader must be positive even in the face of setbacks, so that people will not be discouraged and give up. This requires the quality of steadfastness and endurance.A good leader is self-disciplined. A good leader can sacrifice his or her present comfort for future benefits, and in this way inspires others to do the same. A good leader manages his or her time well. A good leader knows and studies people. A good leader is a good listener, and also observes the body language and non-verbal communication of others. A good leader waits before speaking, and does not promise quickly. A good leader is in touch with the needs, hopes, aspirations and desires of others. A good leader considers others, and seeks to do things that benefit everyone involved.A good leader is prepared to change and skilled in preparing others to embrace change. A good leader encourages dissatisfied people in the organisation to work together to find a solution. A good leader is willing to learn from others. A good leader also invests considerable time in self-education – by reading books, listening to tapes o r attending seminars. A good leader has personal integrity and works hard to develop this quality. Integrity means keeping one's word, and dealing truly with others. People do not like being let down by the broken promises of those in authority over them.A good leader will avoid resorting to tactics of manipulation. A good leader is highly motivated to achieve results, and therefore diligent. A good leader nevertheless is patient and slow to anger. A good leader is faithful to others and inspires loyalty and team spirit in his or her followers. A good leader enjoys other people and doesn't overly dwell on their weaknesses. A good leader invests in others and empowers others to achieve and to become leaders themselves, without being threatened. A good leader seeks models the attitude and practice of service towards others.Biblical Examples of Leadership Jesus Christ modelled all of the above characteristics. In seeking to lead people to God the Father, Jesus himself demonstrated the power of a relationship with God through prayer. He modelled faith for his disciples to observe, showing to them and later declaring to them the power of faith (see Mark 11:22-24). Jesus modelled love, self-discipline, integrity and righteousness. Not even his enemies could convict him of sin. They could only point out where he violated their own traditions and interpretations – such as his healing of people on the Sabbath.Jesus ultimately gave His life for his followers. The great miracle was that He got in back through his resurrection from the dead. Jesus was positive and cheerful. He said to his disciples, â€Å"that my joy may be in you, and your joy may be complete†. Even though he had many things to correct, he did so in a wise way. Jesus believed that his work would be accomplished, and entrusted part of it to his disciples, whom he trained. Later he left his disciples the task of reaching the world. Jesus was self-disciplined. He often prayed through the night . Once He fasted forty days.All these things were preparation for His ministry. Jesus could perceive the inner thoughts of others, even his enemies. He knew things about his disciples, even beyond what a man could know through the power of observation alone. Jesus did not waste His words. Jesus gave himself to serve the needs of the people by healing their sick, feeding them when they were hungry, giving them a true hope concerning the kingdom of God, and setting them free from evil, sin and demons by the power of His Word and the Holy Spirit. Jesus made disciples and developed others who could continue His ministry after He left the earth.Jesus demonstrated both nobility and compassion in his dealings with people. Multitudes followed him, yet he invested in relatively few so that the quality of his mission could continue for longer. Jesus demonstrated a humility and servant attitude that is unparalleled, considering his divine origin. Many other things could be pointed out from the life of Jesus that illustrate leadership. It is true that Jesus' style of leadership was and is very different to much of the leadership of today. Yet His life has produced enduring moral results which have lifted so many to a better life and some to life eternal.

Mikhail Gorbachev The Last General Secretary of the Soviet Union

Mikhail Gorbachev was the last General Secretary of the Soviet Union. He brought about massive economic, social, and political changes and helped bring an end to both the Soviet Union and the Cold War. Dates: March 2, 1931 —Also Known As: Gorby, Mikhail Sergeevich Gorbachev Gorbachevs Childhood Mikhail Gorbachev was born in the small village of Privolnoye (in the Stavropol Territory) to Sergei and Maria Panteleyvna Gorbachev. His parents and his grandparents had all been peasant farmers before Joseph Stalins collectivization program. With all farms owned by the government, Gorbachevs father went to work as a driver of a combine-harvester. Gorbachev was ten years old when the Nazis invaded the Soviet Union in 1941. His father was drafted into the Soviet military and Gorbachev spent four years living in a war-torn country. (Gorbachevs father survived the war.) Gorbachev was an excellent student in school and worked hard helping his father with the combine after school and during the summers. At age 14, Gorbachev joined the Komsomol (the Communist League of Youth) and became an active member. College, Marriage, and the Communist Party Rather than attend a local university, Gorbachev applied to the prestigious Moscow State University and was accepted. In 1950, Gorbachev traveled to Moscow to study law. It was at college where Gorbachev perfected his speaking and debating skills, which became a major asset to his political career. While at college, Gorbachev became a full member of the Communist Party in 1952. Also at college, Gorbachev met and fell in love with Raisa Titorenko, who was another student at the university. In 1953, the two married and in 1957 their only child was born - a daughter named Irina. The Beginning of Gorbachevs Political Career After Gorbachev graduated, he and Raisa moved back to the Stavropol Territory where Gorbachev got a job with the Komsomol in 1955. In Stavropol, Gorbachev quickly rose up in the ranks of the Komsomol and then obtained a position in the Communist Party. Gorbachev received promotion after promotion until in 1970 he reached the highest position in the territory, first secretary. Gorbachev in National Politics In 1978, Gorbachev, age 47, was appointed as the secretary of agriculture on the Central Committee. This new position brought Gorbachev and Raisa back to Moscow and thrust Gorbachev into national politics. Once again, Gorbachev quickly rose up in the ranks and by 1980, he had become the youngest member of the Politburo (the executive committee of the Communist Party in the Soviet Union). Having worked closely with General Secretary Yuri Andropov, Gorbachev felt that he was ready to become General Secretary. However, when Andropov died in office, Gorbachev lost the bid for office to Konstantin Chernenko. But when Chernenko died in office just 13 months later, Gorbachev, only 54 years old, became the leader of the Soviet Union. General Secretary Gorbachev Presents Reforms On March 11, 1985, Gorbachev became the General Secretary of the Central Committee of the Communist Party of the Soviet Union. Strongly believing that the Soviet Union needed massive liberalization in order to revitalize both the Soviet economy and society, Gorbachev immediately began implementing reforms. He shocked many Soviet citizens when he announced the ability for citizens to freely voice their opinions (glasnost) and the need to entirely restructure the Soviet Unions economy (perestroika). Gorbachev also opened the door to allow Soviet citizens to travel, cracked down on alcohol abuse, and pushed for the use of computers and technology. He also released many political prisoners. Gorbachev Ends Arms Race For decades, the United States and the Soviet Union had  been competing with each other over who could amass the largest, most lethal cache of nuclear weapons. As the United States was developing the new Star Wars program, Gorbachev realized that the Soviet Unions economy was seriously suffering from the excessive spending on nuclear weapons. To end the arms race, Gorbachev met several times with U.S. President Ronald Reagan. At first, the meetings stagnated because trust between the two countries had been missing since the end of World War II. Eventually, however, Gorbachev and Reagan were able to work out a deal where not only would their countries stop making new nuclear weapons, but they would actually eliminate many that they had accumulated. Resignation Although Gorbachevs economic, social, and political reforms, as well as his warm, honest, friendly, open demeanor, won him accolades from around the world, including the Nobel Peace Prize in 1990, he was criticized by many within the Soviet Union. For some, his reforms had been too big and too fast; for others, his reforms had been too small and too slow. Most importantly, however, was that Gorbachevs reforms did not revitalize the Soviet Unions economy. On the contrary, the economy took a severe downturn. The failing Soviet economy, the ability of citizens to criticize, and the new political freedoms all weakened the power of the Soviet Union. Soon, many Eastern bloc countries abandoned Communism and many republics within the Soviet Union demanded independence. With the falling of the Soviet empire, Gorbachev helped establish a new system of government, including the establishment of a president and the end of the Communist Partys monopoly as a political party. However, for many, Gorbachev was going too far. From August 19-21, 1991, a group of hard-liners of the Communist Party attempted a coup and put Gorbachev under house arrest. The unsuccessful coup proved the end of both the Communist Party and the Soviet Union. Facing pressures from other groups who wanted more democratization, Gorbachev resigned his post as president of the Soviet Union on Dec. 25, 1991, a day before the Soviet Union officially dissolved. Life After the Cold War In the two decades since his resignation, Gorbachev has remained active. In January 1992, he established and became president of the Gorbachev Foundation, which analyzes the changing social, economic, and political changes happening in Russia and works to promote humanistic ideals. In 1993, Gorbachev founded and became president of the environmental organization called Green Cross International. In 1996, Gorbachev did make one final bid for the presidency of Russia, but he only received a little over one percent of the vote.