Traditional Litigation and the Non-Traditional Alternative Dispute Resolution Essay Example for Free

Traditional Litigation and the Non-Traditional Alternative Dispute Resolution Essay There are many ways to handle a dispute. Many people chose to use the traditional litigation system, which are lawsuit being brought forth in the courts and some people choose alternative routes which may not always be involved in the court. The formal definition of traditional litigation is â€Å"the process of bringing, maintaining, and defending a lawsuit. This is also called judicial dispute resolution because courts are used to decide the case† (Cheeseman, 2010). Alternative Dispute Resolution is defined as â€Å"methods of resolving disputes other than litigation† (Cheeseman, 2010). Alternative Dispute Resolution By far the most common form of ADR is arbitration, however other types of ADR exist such as negotiation, mediation, conciliation, mini-trial, fact-finding, and the use of a judicial referee. â€Å"Negotiation is a procedure whereby the parties to a dispute engage in negotiations to try to reach a voluntary settlement of their dispute† (Cheeseman, 2010). Negotiations can go on for an extended amount of time to ensure that both parties are satisfied. Mediation is another type of ADR in which all parties involved in the issue select and agreed to use neutral third party that assumes the role of an intermediary that between both parties. The sole purpose of this intermediary is to facilitate a settlement between the parties. If an accord is reached by the disputing parties, then a settlement agreement is written and executed by the parties. Conciliation is a method of ADR frequently used when the parties involve do not wish to face each other in a confrontational venue. In this method an interested party known as a conciliator assists the party’s dispute to reach a settlement. The conciliator facilitates this process by the communicating offers and counter-offers of settlement between the two parties. Traditional Litigation System The traditional litigation system is where two parties (defendant and plaintiff) go forward in a court of law to solve a certain issue that they have with each other. In a traditional legal system the contents of the case publicity is not considered because adverse publicity is what is associated with litigation. The expenses in the traditional litigation system can become expensive and costly; this is the reason that some people chose Alternative Dispute Resolutions. Differences between Systems The two legal systems have some major differences. In the ADR system the resolution is usually less formal and less intimidating than in the traditional legal system. The resolutions are quicker and less expensive, the dispute is usually heard by an arbitrator or mediator and at the end of the â€Å"trail† the respondents will receive an opinion which can be filed with the court to become binding and turned into a judgment. The traditional legal system or trials are usually a more formal and slower process. The trials are more expensive because of the length of the trials. Trials are often heard before a judge and the judgments are binding through the court systems. Conclusion A person has to choose to decide which of the legal systems work best for them. It is important for a claimant to compare and contrast the impact that either of the systems would have on their particular situation.

Summary of The Adventures of Huckleberry Finn One and Two :: Huckleberry Finn American Literature Essays

Summary of The Adventures of Huckleberry Finn One and Two "You don't know about me, without you have read a book by the name of â€Å" The Adventures of Tom Sawyer," but that ain't no matter. that book was made by Mr. Mark Twain, and he told the truth, mainly. There were things which he streched, but mainly he told the truth. That ain' nothing. I never seen anybody but lied, one time or another, without it was Aunt Polly, or the widow, or maybr Mary. Aunt Polly-Tom's Aunt Polly, she is-and Mary, and the Widow Douglas, is all told bout in that book-which is mostly a true book; with some, as I said before.†(Twain 1)   Ã‚  Ã‚  Ã‚  Ã‚  Any way I am here to tell you somethings bout this man that has write all these things bout our adventures. So listen an maybe you might even learn a little something bout this man. Now let me think....oh ya, now I recall it. I reckon it was a warm November ju's like any other, the 30th to be exact. But that ain't how Sam's Pa spoke of it. He had to go maki'n big, fancy speeches and things of that sort at the party. But after all that mubl'in we had a purdy good time. As a matter of fact as I recall that day it was almost pur'fect. If it warn't for me drunk Pa gettin arrested by the Sheriff that morn, it woudda' been real pur'fect. Course I reckon a boy's gota have a good time at his best friend's bert'day party. I was at Sam's house. Course I warn't de only one dare. His Pa, Judge Clemens and Ma, Miss Jane Lampton, till she married of course, was dare and I reckon his whole 'tire family must da been at dat house, can't barely remember it was only his fourth birthday back in 1839 (Howard 1). Ya, me and Sam been friends ever since he moved here, best friends too, he was born an lived in Florida, Missouri prior to now. He moved here at the start of this year. See lots of people don't give me much thought cause me bein uneducated and havin a Pa like I do an all. That all changed though, Sam was the type dat even liked the niggers, so I be surprised if he thought of me differently than any other (Paine 4). Sam's family had'nt got that much money either but his Pa sure was one of them educated types. He was a lawyer and a judge and people looked up to him

Charles Dickens “Great Expectations” Essay

An exploration of the ways in which issues of class and status are presented in Charles Dickens’ â€Å"Great Expectations† and L. P. Hartley’s â€Å"The Go-Between†. Both Charles Dickens’ â€Å"Great Expectations† and L. P. Hartley’s â€Å"The Go-Between† discuss the class assumptions of early Victorian England; around 1807-1823 is when most of the action can be dated too in â€Å"Great Expectations† and at the start of the 20th century, the year 1900 in â€Å"The Go-Between†. Both novels portray a class structure in decline or under threat, as the rise of trade unions and rights for women were to transform the quiet hierarchy that had existed for countless generations. In this essay I will draw out the similarities and differences in how the two authors present the issues of class and status to the reader. Hartley often seems to place great value in the tradition and history of an ancient, aristocratic, ruling class; Dickens regards beyond all else the value of hard work. Dickens argues that social status denotes nothing but money, whereas Hartley seems to glory in the upper-classes natural superiority, such as at sport and at music: none can match Marion in skill. Hartley warns against the social mobility that makes Marion too good for Ted despite their love for each other and subverts the natural hierarchical order and security that has existed for centuries, yet Dickens denounces a society that lavishes upon the few at the exclusion of the multitude. Dickens characters suffer under or bask in justice offered by the plot, as ‘good’ characters are rewarded and ‘bad’ characters condemned. Hartley shows little similar sympathy’s as discussed below. Dickens consciously relays no support for the idea that the upper classes are naturally morally superior; dispelling all pretentiousness to this tenuous link in the contrast between Drummle and Joe, whereas in Hartley’s â€Å"The Go-Between†, Triningham is by far and away the kindest character, whom the reader instinctively warms to, and enchants all with his natural grace and elegance, seemingly affirming the assumption of the ancient idea of the moral superiority of the wealthy, going back to the Bible story of Job in the Old Testament, where God blessed a good man with wealth. Ironically, Triningham is already displaying the injuries already done to the aristocracy, he has been forced to rent out the home his ancestors have held for generations as he himself can no longer afford to live there; he himself has lost his wealth in his property, even though temporarily. Nevertheless, the middle classes Maudlseys do not appear to have gained by their social rise at the end. Some critics have argued that Hartley is arguing that a socially divided society is a dangerous one; that Leo’s evaporated enthusiasm for a new century so full of unfulfilled promise is systematic of unfounded hopes of a new Golden Age if society remains segregated between the haves and have-nots. That the Boer War, which scarred the aristocratic Triningham, protracted and disastrous for Britain with a devastating display of Britain’s faltering significance and importance in world affairs, is a sign of a difficult century ahead. Triningham, a representative of a dying aristocracy with unseen wounds that a display of natural elegance and grace can hide but not heal. In spite of this, I find myself wholly disagreeing with this view of Hartley’s novel â€Å"The Go-Between†. Hartley certainly does warn of the demise of the aristocracy, yet he does not rejoice in it. On the contrary, he mourns, grieves and laments the apparent loss of nobility throughout the work. Triningham is by far and away the most gracious, righteous and gallant character presented, there is only sympathy in a reader for his early death. I certainly fall on the side of Hartley strongly defending the hierarchical social order, and the aristocracy’s right to lead it. Yet it is important to do discuss other possibilities. Triningham then represents the best features of the aristocracy. Unlike Marian, from the start and until the end, there was no ulterior motive to Triningham’s kindness: he was â€Å"as true as steel† even in the eyes of the unfaithful Marian. He is patriotic to the end too and was wounded in the defence of his countries Empire. Despite all this, in the book Hartley presents Marian displaying no reverence for Ted’s feelings, instead she is cruelly unfaithful to him whilst engaged. Every other character in the book has faults of character or of action, but Triningham is beyond such. His demise might be Hartley warning the middle-classes of the dangers involved with usurping the natural order. Even so, the story is told from Leo’s point of view, and Leo admires Triningham to such a great extent that his faults may be simply hidden from the readers view, or indeed perhaps the story is told from Leo’s point of view in order to allow Hartley to express his admiration. Even so, Leo the adolescent is also a bad judge of character and situation and so simply may be putting forward the wrong view. Be that as it may, the point still stands.

Pros and cons of horse racing Essay

Horse racing is an adrenaline filled sport for all the participants. It is a short lived, action packed, joy ride. The sport has increased in popularity over the past several years, due to the need for a rush, and is continuing to rise. Due to this massive influx in size the amount of money the business is contributing to the government is large. The business has also had to hire a multitude of people to help carry out the job of keeping the business as orderly as possible. The enlargement of the horse racing industry has also made the stakes for money in the winning a much bigger deal for owners which means they will do most anything to win. This includes the use of illegal drugs on the horses and many other forms of cheating. When the prize money raises so does the need for as many winning horses as possible for horse owners in the industry. The need for horses has led to an intense amount of over breeding of thoroughbreds. The amount of money contributed to the United States gover nment by the horse racing industry is an incredible amount. On average the sport produces 38.8 billion dollars, of which a whopping $1.88 billion is paid in annual taxes. That amount of money just goes to the United States. Around the world, countries make on average 40.2 billion. For instance, in Europe, horse racing is a widely known event and is tradition to participate in. they make on average about 45.3 billion United States dollars in the horse racing industry. Then, when talking into account supplies and employees, they produce around 101.6 billion us dollars. Governments around the globe benefit highly from the industry and horse racing being banned could have a drastic effect on entire populations from lack of money. Horse racing being banned could also cost millions of people around the globe their jobs and businesses. According to a recent labor poll over 4.6 million people are involved in the horse industry in some way, either as owners, employees, service providers or v olunteers. This includes 2 million horse owners, of which 238,000 are involved in breeding. When it comes to competing such as the jockeys and handlers, 481,000 people are involved. When looking at the amount of people involved in other activities such as grooms, veterinarians, and care takers, 1.1 million involved. 119,000 service providers and 702,000 employees, full- and part-time and 2 million family members and volunteers. That means that 1 out of every 63 Americans is involved with horses. Many of these jobs are held by lower-income families. This could be disastrous when taking into account  all the people who depend on the money they make from this business. Banning the horse racing industry could affect the local areas around them badly. The results of the one study done by students at the University of Louisville show that the horse business is a highly diverse industry that supports a wide variety of activities in all regions of the country. It combines the primarily rural activities of breeding, training, maintaining and riding horses with the more urban activities of operating racetracks, off-track betting parlors, horse shows and public sales. Usually when people go to watch a race they want to get dinner or spend their newly eared money in the expertly placed, over priced restaurants and shops. These strip mall shops gain money and business from these enthused shoppers. If there is no race track, these shops and small businesses could have a plummet in sales and be shut down for lack of ability to pay. Additionally, the volume of consumers that are driven to the racetracks each year create a need for additional medical care, education for children and families of track staff, as well as the local universities. Having the race tracks removed could lower business income for hospitals and schools as well as universities. The United States alone produces 3 billion from horse racing and tourism. Over 67 percent of activity as well as gambling money come from tourists going and paying at the race track. As a source of entertainment as well as having food venues and shopping areas round the premises of the track, it is an ideal hot spot for tourists to spend their money; whether it be on food, gambling, or shopping. The revenues made my gamblers who are not local to the area is 785 million dollars. Gambling is exciting as well as engaging for the participants. For those who enjoy taking risks, the propensity for risk associated with gambling may be both simulating and challenging. Also, gambling on horse racing allows the participant to challenge themselves with predicting the potential wins and losses. Gamblers from out of the country are obviously a large part of the income on the race track. Banning racing could make the area of choice loose business all around from not having the interest of tourists any longer. When it comes to betting on horses in horse racing, bettors rely on the accuracy of the statistics on the horses. The statistics allow the bettors to know which horses to bet and wager on. Cheating, such as the latest scandal called ‘doping’, can affect the reliability if those statistics. Doping and other forms of cheating using  drugs can harm the jockeys and horses in the long run. A few of the top drugs used in horse racing are cocaine, blcarbs, anabolic steroids, blue magic and heroine. Drugs such as heroine and anabolic steroids are typically injected into the lungs of the horse or the heart as to keep them from feeling pain and to slow down the rapid rate at which they would usually work to keep them from tiring. This can cause break downs on the track because of the lack of oxygen entering the blood stream at such a high rate of physical activity. Drugs such as cocaine blcarbs, and blue magic are usually pumped into the blood stream on added into the grain. Wha t the purpose of these are is to give the horses an energy boost that is un natural and these can also cause break downs on the track because of the amount of stress the horse is putting its body under without being aware until it is too late. The form of cheating of which is in drugs is considered cruel to the horse. Another form of cheating in the racing industry is toe grabs. A toe grab is a raised rim on the toe area of a horseshoe; its purpose is to help the horse â€Å"dig in† to the track and reduce sliding much like football cleats. However, there are increased stresses on the limbs from this stronger grip on the ground and quicker â€Å"stops† of the feet when they land while normally the foot slides forward just a bit on the ground before stopping, but toe grabs arrest this slide. It’s also been suggested that toe grabs add stress to the limb by raising the toe relative to the heel. Toe grabs on front feet have been associated with increased incidence of catastrophic injury in horse racing. Horses involved in racing are being over bred and this is causing weakening in the breed and mass slaughter of those horses that do not make the cuts. While over-breeding in the racing industry is the derivation of availability, inbreeding, and drugs are inescapably interconnected with the callous and brutal practice of slaughter as is the insatiable demand for horse meat for human consumption principally in European and Asian cultures. Inbreeding and drugs have weakened the modern Thoroughbred while the horse meat industry remains a lucrative multi-million dollar enterprise. More than 100,000 unwanted horses are born in the U.S. per year. Roughly 83,000 of those horses are slaughtered every year just in the United States because of improper breeding. A recent study was done and it showed that if 1,000 horses are bred for racing, only 300 will make it to training. Of that 300, only  roughly 75 horses will make it to racing. Only about 4 horses will make it to live their second race . Most horses that are not used for racing are sold to meat and glue factories. Only 12% of horses are properly retired and either sold to a family for other riding uses it retired to the pasture. This unnecessary breeding has caused weak bones in the thoroughbreds and diseases passed down in blood lines. The weakening of the breed has aroused a lot of controversy over whether or not horse racing should continue due to this issue. In the end there are both pros and cons to whether or not horse racing should be banned. Horse racing contributes an incredible amount of money worldwide and produces multiple job opportunities as well as business in local shops. It also brings in tourism to the track and surrounding areas which can help great deal of money also. Horse racing also has a large issue with cheating that can harm both the jockey and the horse against their will. The use of illegal drugs and product on the race horses’ pre race can significantly alter the horses performance whether for the good or the bad and in the long run, harm the horse terribly. Also over breeding has become a widely known issue across the globe and is causing a mass amount of horses to be sent to slaughter. Over breeding has also caused a decline in the stability of the breed. Horse racing both helps and harms.

He Had a Dream essays

He Had a Dream essays I Have a Dream by Martin Luther King Dr. Martin Luther King, a prominent African American leader in the equal rights movement, delivered his most famous speech on the steps of the Lincoln memorial to an audience of hundreds of thousands of citizens white and black. His inspiring speech pleaded for African American rights to be fully and undeniably recognized by all. In his demanding I Have a Dream speech, wins over his crowd by appealing equally to logos in his inductive evidence and deductive argument, pathos by using powerful metaphors, and ethos when alluding to the bible, persona, and past American history. King appeals to logos mainly in his deductive and inductive arguments. His strong deductive argument can be summed up as: All Americans citizens are created equal and are guaranteed the inalienable rights of life, liberty, and the pursuit of happiness, African Americans are American citizens, and therefore African Americans are equal and are guaranteed the inalienable rights of life, liberty and the pursuit of happiness. He states his major premise: When the architects of our republic wrote the magnificent words of the Constitution and the declaration of Independence, they were signing a promissory note to which every American was to fall heir. This note was a promise that all men would be guaranteed the inalienable rights of life, liberty, and the pursuit of happiness. His minor premise is proven through his reference to citizens of color. Through these two premises we can conclude that the African American deserve the constitutionally guaranteed rights of life, liberty, and th e pursuit of happiness. His appeal to logos is also strengthened through the evidence given in the inductive argument, which states that the Negro is still not free. The countless factual points he makes to support his claim are scattered throughout the entire speech. The Negro [...] crip...

International Business Academic Career Major Plan Research Paper

International Business Academic Career Major Plan - Research Paper Example I strive to be a positive moral example to my friends and family. I serve as a source of advice, strength, and experience to the people around me. Am an ethical compass with which guides me in my ambitions and professional life. I try to be a guide for people close to me to live a simple and less material life focusing on the balance of all things (Villmow 2014) By participating in community outreach programs, I have had an opportunity to demonstrate that I wish well for humankind. Helping people voluntarily in orphanage homes and hospitals has reaffirmed that given the needed resources; I can do all that is possible to positively change the society. I have severally over my long vacations and my interaction with students has proved my ability in the teaching profession. By being delegated high-level duties in my working environment, I will prove what is in me, that is yet to be utilized. Teaching high-grade classes will mold all the skills and abilities to give my best to the students and the whole community. Ever since I was a young child, my interests have been in helping people, especially young people in succeeding in their duties. This has helped me stick to my career choice by knowing that no other career fits me bests as teaching and helping people achieve their dreams. Looking back at the challenges I had while growing up and studying, I want to see no one else undergo the same. I will support the young people in their research so that the world can get the doctors, engineers, and teachers it lacks. I will further my education by taking another course at the master’s level and attend training and seminars that will strengthen my abilities. I will be good to others and associate with them well, be it, my family or workmates.  

Quiz show Essay Example | Topics and Well Written Essays - 500 words

Quiz show - Essay Example They told them to choose topics that they were well versed with and at times provided answers to the questions. They choose one who was to be on the lead and the questions they were to get right or deliberately wrong themselves. In 1957 the producers set to put a new figure into the limelight of the show. In this case, they had to fail the current top contestant Herb Stempel by asking to deliberately get a question that he knew the answer wrong, in order to disqualify him. They wanted to bring in the new top contestant Charles Van Doren. Doren was considered to be more handsome and young. He was also a bit famous because he was the son of a famous politic family known in the academic circles. In this light, how would bring more vigor and drama to the show, hence maintaining is popularity. Many people in the studio thought that he was not going to accept but when the time came, he â€Å"took the dive†. Although he was against the decision, he never wanted to go against the studio, he did it in good will. Kantian Ethical principles state that the only thing that is intrinsically good is â€Å"good will†. This principle owes its existence to the Enlightenment rationalism from where it was coined. It is there possible to judge the actions of both Herb Stempel and Charles Van Doren based on the above theory. One thing that is clear is that Stempel was not willing to lie on a question that he very well knew the correct answer. However, since he was a sacrificial lamb he had no option but to play along and cheat in order to put Doren in the top position. He did in good will so as to ensure the success of the studio and the famous program. However, it was not right of Doren to take his brothers position as the top contestant, knowing that he rightfully earned it. Despite this, he had to accept the chance since he was going to be on top of the game and all the focus was to