Does the Use of Ombudsmen, Tribunals and ADR Give the Citizen a Better Essay

Does the Use of Ombudsmen, Tribunals and ADR Give the Citizen a Better Solution for Settling Disputes Than Using the Courts - Essay Example This paper therefore addresses the significance of the use of alternative dispute resolution (ADR), Ombudsman and Tribunals in justice systems of the world.   Importance of Alternative Dispute Resolution (ADR) In some countries, ADR is also referred to as external dispute resolution (EDR). It is found in countries such as Australia and encompasses dispute resolution techniques and processes that act as an enabling means for parties in disagreement to reach an amicable agreement. ADR is therefore an alternative system to a formal litigation. It encompasses resolving civil and communal disputes without involving the judicial process that involves court processes (Anderson1998, pp 113-128), although ADR has been a subject of heavy criticisms, the system has over the recent years gained popularity as well as acceptance among members of the bar and the general public. For example, some established courts now call for some parties to seek the services of ADR, mostly mediation before comm itting the cases to full trial in formal courts. The ever-increasing popularity of ADR may be partly attributed to the piling of cases in formal courts and the general perception that the system is cheaper as opposed to litigation. It is also widely believed that ADR upholds confidentiality. As is the case, the judiciary in some developed nations such as England has endorsed the system as it encourages mediation in settling disputes. ADR involves processes of mediation, negotiation, collaboration and arbitration and at times conciliation which as per now may fully be taken as a form of mediation. The system can satisfactorily be used alongside other legal systems, most notably the Sharia courts that falls within the jurisdictions of the common law as found in countries such as Australia (Anderson1998, pp 113-128), Mediation as one of the vital processes of ADR involves enlisting of a non-partisan third party to assist in the resolution of disputes.  Such a person is expected to pr ovide necessary ways for reaching a compromise. Arbitration on the other hand may be argued to be the most formal as far as the methods are concerned in settling of disputes without necessarily involving the courts.   Arbitration refers to a method where the parties involved in a dispute pass their concerns to an impartial party, who is mandated to come up with an impartial verdict on their behalf.   The judgment  passed is considered final and legally binding to both feuding parties.   The benefit of arbitration is that the agreement to carry it out can be made at any given moment. The involved parties can also strike a compromise on the number of arbitrators to preside over the dispute.   The parties also have the mandate of appointing an experienced expert in the field.   The hearings regarding arbitration can take so many forms paper arbitration, which compels the feuding parties to submit all their concerns to the arbitrator through writing. The arbitrator then stud ies the submissions before making a decision.   Transparency and objectivity is upheld as the parties have the right to request for a hearing that they appear as well as their witnesses if any (Slapper & Kelly 2004, pp 26-43). Is there justice in Tribunals? The establishment of tribunals anywhere in world has raised more eyebrows than praises. This relates to their intentions and goals in addition to statutory

The Role of the United Nations in Transforming Global Governance Essay - 10

The Role of the United Nations in Transforming Global Governance - Essay Example Drawing off of secondary research literature describing the role of the United Nations as both a peacekeeping organization and ensuring human rights as related to democracy. As a peacekeeping entity, with a focus on democratization as an outcome for maintaining global stability, the United Nations has recently come under considerable scrutiny in regards to whether the agency has failed in the task of guiding post-conflict societies, such as Kosovo, toward political stability (Pritchard, 2001: 185). Having an ideology focused around democracy as the most viable method of national governance, likely inspired by the many Westernised nations incorporating the United Nations, the UN appears to have adopted the values of democracy, in terms of promoting human rights and maintaining global peace and stability. As part of their governing authority, various resolutions are created which focus on sanctioning nations which maintain potential threats to international stability. The aforementione d is quite evident in the UN today as the United Nations has agreed to a new round of sanctions on Iran due to the threat of chemical and biological warfare stemming from the nation (Financial Times, 2008). Using their authority for global governance, the new sanctions involved attempts to stop the flow of nuclear materials into Iran and to halt the efforts of those who support underground nuclear sales (Financial Times). Additional sanctions include restricting travel for Iranians expected to be involved in nuclear efforts. The main concept of these new UN sanctions is to send the public message that the agency believes in democratization as an expected outcome of global governance, publicising efforts to halt activities of nations which provide threats to democratic living and the promotion of human rights. However, despite the best efforts of the UN, the agency is continuously under attack for failing to meet social or civil expectations.

Read instructions Essay Example | Topics and Well Written Essays - 500 words

Read instructions - Essay Example According to Jess Coleman, the main aim of according death penalty to convicts is to deter, control, and ultimately curb crime. However, he argues that whether death penalty has achieved its purpose is a point of discussion. He argues that any executions take place in a violent manner though the intention is usually honorable. He notes that no substantial evidence relates increased executions to reduced crime. Instead, he observes that there is a correlation  between increased executions and rise in crime in countries like China, Iran, Yemen, Sudan, Tunisia, Syria, Egypt, Iraq, North Korea, and Libya. In addition, he argues that ultimately what the death sentence achieves is death and not justice. Moreover, he notes that just like in any other policy, the society and the government is not ready to deal with the aftermath of the death penalty. As such, he argues that governments should look for better and ethical ways of holding criminals accountable than subjecting them to a death penalty (Coleman Web). Indeed, the author’s purpose is to refute the idea that death penalty is justified in the society. He uses trusted statistics to prove that death penalty barely reduces crime in the society. He seeks to point out the need to find out other avenues of seeking justice than convicting criminals to death. I agree with the author’s argument that death penalty do not deter crime. Actually, as he portrays in the data no substantial evidence relates increased executions to reduced crime. This is so because in many cases death penalties rise from failed legal process where convicts do not get a chance to defend themselves. Others rise from vengeance as states seek to silence citizens who oppose the government. At the same time, the offended person gets no justice when the offender dies. It would serve the victim better if the criminal takes responsibility than dying. Actually, two wrongs do not make

Annual Reports with Calculations Assignment Example | Topics and Well Written Essays - 1250 words

Annual Reports with Calculations - Assignment Example Various classes of financial ratios are analysed based on financial statements of the organisation provided in its annual reports of 2012 and 2013. These annual reports cover the financial performance of the organisation for 2011, 2012 and 2013. The classes of financial ratios analysed in this report include liquidity ratios, solvency ratios and profitability ratios. Liquidity ratios are used to measure the ability of the organisation to meet its short term debt obligations as they fall due. One of the liquidity ratios is the Quick ratio. This ratio measures the ability of the firm to pay its current assets using its more liquid current assets (Ryan, 2004). From the financial ratios calculate, the quick ratios of Woolworths Ltd were 0.29, 0.31 and 0.32 in 2013, 2012 and 2011 respectively. This means that Woolworths could pay for its current liabilities 0.29 times, 0.31 times and 0.32 times in 2013, 2012 and 2011 respectively before its more liquid assets are exhausted. Therefore, the company was able to meet its current short term liabilities using its more liquid assets in 2011 and 2012 more than 2013. The ability of the organisation to meet its short term debt obligations using more liquid assets reduced over the three years under analysis. The company needs to manage its more liquid assets more effectively to improve its liquidity so that it can meet its short term financial obligations as they fall due. The second type of liquidity ratio used in this analysis is the current ratio. This ratio measures the ability of the organisation to meet its short term financial obligations using current assets as they fall due. It indicates the number of times current liabilities can be paid using current assets before the current assets are exhausted (Gibson, 2012). In 2013, the current ratio of Woolworths was 0.91 while in 2012 and 2011 the ratio was 0.86 and

An event from the Holocaust Essay Example | Topics and Well Written Essays - 1750 words

An event from the Holocaust - Essay Example This research paper attempts to study the political, social and cultural environment which led to the holocaust. We will also briefly explore the Nazi policies of exclusion. Finally, we will look at the atrocities meted out to the prisoners in the concentration camps. Long before Hitler became the Chancellor of Germany, eugenic scientists were conducting experiments to prove the inequality of humans. These research were not restricted to Germany but were worldwide. Tests conducted in the United States "proved" that class, race and ethnic differences "reflected intelligence.2 These research results were not only accepted by the scientific community but also influenced the policy makers. In United States, "inferior races and ethnic groupswere prohibited from entering the country."3 Solution to the "problem" of the "feebleminded individuals who already resided in the United States" ranged from putting them in "permanent custodial care" to sterilization.4 Eugenics eventually lost acceptance in the United States but in Germany, following the coming to power of the Nazi party, eugenic scientists began to enjoy political support. Hitler wanted to build a utopian German society. Such a society would be "racially homogenous, physically hardy and mentally healthy".5 To achieve this utopia, Germany followed a policy of exclusion and the killing operations were the final stage of this policy. Eugenics introduced the idea of human inequality and the Nazi policies institutionalized it. The groups excluded included the physically handicapped, intellectually retarded, mentally disturbed and, eventually, the racially alien people. By 1939, Hitler abandoned his policy of exclusion and started discussing "implementation of what he called euthanasia".6 Nazi Policies The National Socialist German Workers Party (NSDAP) better known as the Nazi party was founded on January 5 1919. Hitler joined the NSDAP on September 16 1919.7 His inspirational leadership and oratorical skills saw him become the chairman of the party by July 1921. Germany's defeat in the World War I and signing of the Treaty of Versailles which put the sole responsibility of the "war guilt" on the Germans was humiliating for the defeated nation. This along with the depression of 1929 and the inability of Germans to come to terms with the resulting hardships saw the Nazi party get 37 percent of the votes in 1932 elections.8 Thus on January 30, 1933, Hitler became the Chancellor of Germany. On February 27 1933, a mysterious fire in the Reichstag building destroyed the German "Parliament". The next day the German President, Paul von Hindenburg declared emergency. The emergency, along with the "Enabling Act, or Law for the Removal of the Distress of the People and Reich, would allow H itler torule Germany as a dictator."9 Between 1933 and 1935, the German government enacted various laws to remove Jews from public life and to revoke their citizenship.10 From April 1, 1933, the Nazi Government started a countrywide boycott of Jewish businesses. This and other policies between 1933 and 1938 were aimed at forcing the German Jews to emigrate from Germany. However, the policies failed due to reluctance of many German Jews to leave their

Foreign Market Entry and Diversification Essay Example | Topics and Well Written Essays - 1000 words

Foreign Market Entry and Diversification - Essay Example Participation in the hospitality industry is proposed as the appropriate diversification destination for the company as contained in this discussion. This report highlights the details of conducting a diversification plan for the business into a relatively related business line, owing to the growth status of the mainstream business. Justification As illustrated, shifting from the transport portfolio into the hospitality component as proposed for purposes of business congruence in terms of succession of operations demonstrates the logic behind the proposal. Considering the operations standing and status in the American market coupled with the present expansion ambitions across the borders, the hospitality industry appears to support growth as anticipated. The role of business complementarity for the two portfolios is for purposes of soaking up risk exposure and provides nurturing to the developing business in a direct version (Lawton & Weaver, 2009). Due to the demands of a new busine ss line of operations with respect to overseas presence as a long-term diversification concept, providing the nexus in synergies of related business in the complementarity concept augurs well with growth prospects. Similarities of the travel industry and hospitality business in terms of services needed for both private and business packages provide synergies in business operations. Exploiting the nature of opportunities availed by the hospitality industry to the travel component offered by the travel agency line of current operations present upward trajectories in growth projections (Borein, Rowe & Smith 2002). As an illustration, visitors into the City of New York require accommodation, meals, entertainment and leisure products that have traditionally originated from other hospitality businesses with which the company partners. Hospitality component entails venturing into property ownership across the world’s target cities in America, Europe, Middle East and Africa as well a s Asia Pacific to support the business model. Rolling out property ownership pushes the diversification component into a long-term consideration, apart from a few New York City pilot project considerations. Diversification of the hospitality and travel agency components will require a couple of years and extensive property market research across the world. The first foreign market for entry with the new model as deliberated is India, due to the vibrant economic and tourism growth coupled with relatively affordable property transactions. India as an emerging economy in the world today provides excellent attention to investors that provided a lucrative opportunity for business travel for the vast business territory. The centrality of India for Asian markets extending to the Pacific region will facilitate future diversification of the transport component into the sea and luxury travel component involving yacht and cruise ship famous as central regional business lines. Growth supported in the vibrant economy will facilitate entry into Middle East and Africa as other potentially beneficial opportunities (Lovelock && Wirtz, 2009). As expected in certain markets to provide an opportunity for a single functionality, entry with one component will also form part of the expansion and diversification strategy. As an illustrati

Proposed reform on Judicial Review Research Paper

Proposed reform on Judicial Review - Research Paper Example Whereas the level and extent to which other reforms may be beneficial to the judicial process are not in question, this author will lay out but a few salient reasons why the judicial nomination process is one of the most important functions that government makes with regards to the functionality, diversity, fairness, and representative nature that the judiciary should display. Furthermore, due to the fundamental shift in the judicial nomination process that has been experienced over the past 50 years, this author will seek to lay out a series of issues that define the shortcomings that the current legal system experiences as well as seeking to law out what steps could be effected in order to ameliorate these. The first issue that this analysis will consider is the fact that the judicial nomination process has turned into what can only be considered a type of media and political frenzy. Whereas the constitution states that the president should seek the counsel of congress in order to appoint a judge, the actual process whereby the judge is vetted is not enumerated upon and has largely become to be defined by Congress as something of an evolving practice that draws on prior precedence and the political fervor of a given point in time (Gonzalez et al 2003). As Congress itself, nor the president for that matter, can be trusted to make a determination based upon qualifications, the process oftentimes diverges into a political mudslinging contest where both sides attempt to paint the other as either obstructionist or attempting to push through some form of radical judge to the bench. As such, this interpretation of the law and precedent is neither helpful to the understanding of the constitution nor the judicial nomination process. As a function of this, the following analysis will detail and proscribe a set of solutions with regards to this particular shortcoming. Recent court appointments have highlighted the fact that rather than determining the overall qualificat ions of the judge, the opposing political party merely regresses to performing a series of partisan character attacks as a means to stymie the process and generate a degree of public awareness and involvement (McGinnis et al 2010). This of course is counterproductive and forces the process itself to be a multipart game that both the Congress and the sitting president at the time engage upon. Oftentimes the way that such a game progresses is that the president will nominate a series of un-selectable and/or unqualified candidates as a means to exhaust the Congress or the general public with the intractability of the process. Only once this has been accomplished, the president will nominate the candidate that he truly wanted to be make it through the process in the first place. This game theory is counterproductive, inefficient, and wastes a great deal of shareholder time and energy. A better and more efficient process for nomination and selection is therefore necessitated in order to institute a process that is not only more efficient but also a better representation of how the constitution originally envisioned the process of judicial nomination. In this sense, the entire process is hijacked at the expense of political posturing, partisanship, and a degree of political gain