Tawam Hospital History And Background Commerce Essay

Tawam Hospital History And Background Commerce Essay Tawam Hospital is a JCIA accredited hospital and considered to be a training and research hospital linked with UAE University, Faculty of Medicine and Health Science. Tawam Hospital was opened officially on 17, December 1979 under the directions of the late H.H Sheikh Zayed who had chosen its location. The hospital is owned by Abu Dhabi Health Services (SEHA) and it is complied with the Health Authority à ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬ Abu Dhabi (HAAD). Tawam Hospital is a Middle East Center of Excellence for oncology care, Neonatal Intensive Care, and general ICU services in addition to outstanding patient care delivery programs in other specialties such as the home care services for elderly in addition to the baby friendly services that is recognized internationally (Docstoc, 2010). Tawam works to provide a quality health care services that meets the expectations of their patients because they promise to treat patients as part of their families as stated in their mission and vision (Tawam Hospital, 2010). The managerial practices At Tawam, the CEO office hold a weekly meeting for the A-Team members to negotiate the overall performance and issues related to all the hospital departments. Medical issues and concerns are discussed to seek a solution and guidance. Administrative issues are also negotiated like promotions, policies transfers and re-structuring. The hospital overall strategy is presented to allow all the departments to do the necessary actions to comply with it. In the past 2 years, the main objective of the A-Team meetings was to negotiate the plans and objectives on the construction of the new hospital building and the alternatives till the project finish. Current problems and difficulties The major difficulty that faces Tawam Hospital is the integration of the new Hospital Information System (HIS) with the lack of technology of our professional doctors. A comprehensive and planned training program for IT and computer basics was given to all the doctors prior to the implementation of the HIS that led to the success of the initial implantation of the project. Another major problem at Tawam is the conflict with SEHA regarding the internal policies at Tawam that prevent Tawam from taking independent decisions regarding the health care systems or the IT infrastructure. The new evolving role of HRM is the strategic management that is aligned with the corporate mission and goals in addition to performing the basic functionality of HRM. In other words, decisions related to employees should be analyzed to consider their effect on the organizations mission and goal accomplishment (U.S. Office of Personnel Management, 1999). What is manpower planning? According to BusinessDictionary.com, manpower planning is defined as estimating the required skilled personnel to accomplish work tasks overtime and specifying how and when they should be acquired. People are considered the most valuable assets for any organization, therefore; financial and technological assets cant give organizations a competitive edge without human capital. For our case, Tawam Hospital which is a healthcare organization, planning the human resource is classified according to the job context where there are different classifications like physicians or health care specialists, laboratory technicians and administrative staff. Mainly, for healthcare organizations, the manpower market is similar to other organizations labor market which is based on demand and supply. Healthcare organization demands for workforce are based upon the population demand for health care. Careful considerations of the population size and structure in addition to patients expectation of healthcare services and the society income and living standards should be considered while planning the workforce for any hospital (Bloor Maynard, 2003). Many factors affect the labor supply in healthcare organizations. Most healthcare professionals expect high incomes and have a special perceived social status in the society. Also the relation among healthcare professionals can be controlled by the skill mix they adhere and their usage of complements and substitutes in their work; and this can affect the supply of healthcare professionals based on the current available professionals in the field hospital (Bloor Maynard, 2003). Other factors may affect the supply in UAE like the labor law and the government regulations. At Tawam Hospital, the manpower planning is affected by the rules and regulations of SEHA where the all the departments needs to submit their business plan to HR and then HR sends them to SEHA for analysis, approval and budget estimations. When SEHA approves the business plans and the future positions, it sends them back to Tawam Finance to allocate the budgets for each new positions then the HR Director approves the plan, the manpower planning maintain the new positions in the database of the HRIS for each department. The hiring process cant be processed unless there is a vacant position for that requesting department. Sometimes the need for the position forces the manpower planning to find a way to create the position even if the department doesnt have a vacant position in the database. Sometimes they split/merge available positions to create the required position. For the medical departments, manpower planning used to suggest borrowing positions from department to department under the approval of both parties and the HR Director to cover the need for the new position. Manpower planning gives organizations a value in managing workforce diversity; and also adds an important effect in recruitment, employee retentions and development. Moreover, proper planning for workforce increases the quality of the corporate staff and hence improves the output services or products accomplishment (U.S. Office of Personnel Management, 1999). At Tawam Hospital, the manpower planning provides a monthly study that identifies the number of filled/vacant positions within each section and department in the organization. Also the monthly report analysis the workforce diversity based on the number of national and non-national employees in each department. This report is sent to SEHA monthly to prepare the plan for the workforce yearly or help to made adjustment to the current plan. HR department is the only department in any organizations that affect all employees in all the different levels, therefore, Human resource planning is considered to be important because it can help organizations be more productive and cost-efficient. Human resource planning can help organizations to forecast their future needs of employees and also the expenses; where tactical plans are set based on long term forecasting that is aligned with corporate strategy to determine the required skills at the right time with the expected costs. Planning workforce helps also to minimize the corporate expenses to cut unnecessary jobs that can be accomplished by the available employees. The hiring process can be improved if HR plans well the recruitment process based on the forecasting and needs analysis, also the communication between HR department and line managers can help a lot in developing a good plan for what skills are required to accomplish the corporate goals (Schwartz, nd). HR planning helps organizations to estimate the types of KSA (Knowledge, Skills, Abilities) with their employees and how to utilize them efficiently. Also, good workforce planning helps organization to keep their employees by providing the good career development paths (Vareta, nd). At Tawam Hospital, the manpower planning performs many activities that serve the organization. One of those activities is called Reporting Structure Hierarchy which aims to identify who reports to whom using the HRIS database to assist in transferring or promotions activities. Another activity is called the Position Master Change PMC where requests for changing the position titles goes under the approval of HR to be reflected in the organization hierarchy in the HRIS. Promotions at Tawam should be identified initially by the manpower planning where they check if there is a vacant position for the department requesting the promotion and if there is a position, the manpower planning approves the promotion to enter the promotions committee; otherwise, the promotion is rejected. When the promotion is rejected, the merging/splitting positions may be a solution if the requesting department has other vacant positions or they can borrow positions from other department within the same divisi on under their approval. Approaches for manpower planning Rationalized approach Organization Strategy Targets Organization Practices Methods Manpower Review and Analysis Forecasting Internal External Demand Supply Adjust to Balance Recruit Retain Reduce Chart 1: The Rationalized Approach to Manpower PlanningPlanning is defined as the outcome of series of processes to find a solution to a problem. Rationalizing HR planning is done to provide easy methods to be followed to take decisions about choices of available alternatives before the implementation. Rational considerations of the issues surrounding the organization are the base for the rational model of manpower planning. In this approach, the organization strategy along with the implemented practices and methods to achieve the goals are considered when analyzing the manpower supply and demand based on the internal and external factors that affect the organization performance. SWOT analysis to determine the corporate strength and weakness and the surrounding market opportunities and threats helps in this approach to forecast future needs. Based on that analysis, decisions related to future recruitment, retention or even reducing the manpower can be taken easily to adjust the balan ce of the skills available(Bratton Gold, 2007). Diagnostic approach Chart 2: The Diagnostic Approach to Manpower Planning Manpower plans and policies Operations Monitored through Qualitative Quantitative techniques Understanding of causes Plan of action to control The diagnostic approach for manpower planning is based on the rationalized approach that aims to identify problems related to workforce using quantitative and qualitative techniques and also identify the causes for those problems. The ideal situation of manpower demands and supply doesnt exist in the real life where continuous imbalance between what skills needed and the market supply faces the organizations. Diagnostic approach of manpower planning can identify such problems with their causes. As illustrated in chart 2, identifying manpower problems is done through monitoring the operations using qualitative and quantitative techniques to understand their causes and prepare action plan to solve those problems (Bratton Gold, 2007). As mentioned earlier, the manpower planning receives the approved planned positions after the approval of SEHA, Finance department and HR director to open the positions in the HRIS only without producing a clear plan on the demanded manpower for the hospital. SEHA prepares the manpower plans based on the business plan developed by all departments of Tawam and after the analysis, they send their approval to the finance department of Tawam for budget allocation and process. Stages for human resource planning The planning for an organizational workforce requires a systematic procedure to be implemented that will assure getting the objectives of the manpower planning which is at the end helping the organization to achieve its goals using efficient human capital and resources. According to Bratton Gold (2007), the planning process for human resources involves four stages. Evaluation of existing manpower resources Estimation of the proportion of currently employed manpower resources that were likely to be within the firm by the forecast date Assessment of labor requirements Measures to ensure the needed resources are available when required The process defined by Bratton Gold, 2007 involves the process of forecasting the supply in the first two stages, and forecasting the demand in the third stage and then developing the plan to utilize the human capital when needed in the past stage. Priyadarshini (2009) had proposed another manpower planning process that has four different stages: Analyzing the current manpower inventory Making future manpower forecasts Developing employment programs Design training programs According to Priyadarshini (2009), the demand forecasting for new skills of workforce should be done after analyzing the overall organization business nature, its department and employees skills and quantities within each department. After analyzing the available human resources and future forecasts, procedures for employment programs can be settled through the prober selection and placement plans. Training programs will be designed and planned according to the new market trends in technology and also based on the available skills that need to be enhanced or developed according to the analysis result of the first stage. At Tawam, the manpower planning produces monthly reports that help SEHA to analyze the business plan of the hospital to plan the required workforce for the next year. At 2008 a complete analysis of the manpower planning was developed by one staff of the manpower section as an assignment for the probation period evaluation. The plan was on the medical departments to examine the number of patients in each clinic and how many consultants or physicians available and needed in the upcoming year. Indeed, that was an individual effort that doesnt reflect the actual practice because the manpower forecasting and planning is controlled by SEHA not the hospital. Internal external factors affecting healthcare human resource planning Healthcare supply and demand processes for human resources are influences by two factors: the first factor is its narrow approach in its focus that leads to focus only on medical practitioners ignoring the fact of the inter-relations or the substitutions possibilities of other medical fields like the nursing. The second factor is that it had a mechanistic approach with supply side driven (Bloor Maynard, 2003). Healthcare resource planners estimate the supply of medical practitioners graduated from medical schools or migrated to the country ignoring the behavioral changes of their career paths. Chart 3: Healthcare practitioners supply factors Tawam hospital manpower planning is affected externally by the labor low that enforces the approval of the private sector medical center of the new hires to work at Tawam. Also the planning at Tawam is affected internally by the departmental business plans which determine what is requires and by the available allocated budget from SEHA that forces the hospital to freeze the recruitment for a while. Recommendation: Since the manpower planning is controlled by SEHA based on the budget and departmental business plan, Tawam manpower planning can analyze the departmental business plans and provide the complete plan for the required workforce with their budget estimation instead of wasting the time waiting for the approval from SEHA. The monthly report or study should be linked to the HR theory to be more valid and also it should include suggestions on how to re-plan the workforce not just figures and numbers. Resources: Schwartz, Rick, nd. Importance of Human Resource Planning. Retrieved on: 10/April/2010 from: http://www.ehow.com/about_6130541_importance-human-resource-planning.html U.S. Office of Personnel Management, Office of Merit Systems Oversight and Effectiveness, 1999. Strategic Human Resources Management: Aligning with the Mission. www. BusinessDictionary.com Bloor, Karen Maynar, Aland, 2003. Planning human resources in health care: Towards an economic approach, An international comparative review. University of York. Vareta, Nyamupachari, nd. Importance of Human Resources Planning in Organizations. Retrieved on: 11/4/2010 from: www.coursework.info Bratton, John and Gold, Jeff, 2007. Human Resource Management, Theory and Practice, 4th edition. M Priyadarshini, 2009. Manpower planning in organizations. Retrieved on 24/4/2010 from: http://www.articlesbase.com/human-resources-articles/manpower-planning-in-organisation-1399674.html#axzz0lxChq8Mf Karen Bloor, Alan Maynard, 2003. Planning human resources in health care: Towards an economic approach- An international comparative review. University of York. Tawam Hospital, 2010. Retrieved from: www.tawamhospital.ae, on1/May, 2010. http://www.docstoc.com/docs/DownloadDoc.aspx?doc_id=29675768, on1/May, 2010.

Ethical Issues Reflection Essay

Organizations today are faced with many issues. A major challenge is dealing with and determining a code of ethics. Ethics involves the study of moral issues and choices (Kinicki, 2009). Many organizations today are faced with unethical behavior that occurs throughout the company. Ethical and unethical conduct is the product of a complex combination of influences (Kinicki, 2009). They stem from the individual who has their own personality and values out to the internal organizational influences such as: organizational culture, ethical codes, and organizational size and also the external organizational influences which are: political/legal, national culture, and environment. The underlying question is â€Å"Why are ethical issues a major concern for an organization?† Ethical issues can cause an organization legal problem. For example the legal issues that News Corp board member Lachian Murdoch is facing, as stated in the Wall Street Journal this week. He is charged with allegations that he was involved in an attempt by the company’s Australian unit to offer favorable coverage in return for political support in the late 1990s (Critchlow, 2011). Murdoch denies any wrong doing and stated he was never involved in lobbying. He stepped down as News Corp’s deputy chief operating officer in 2005, by remained at the company only as a nonexecutive director and a voting stakeholder (Critchlow, 2011). Research shows that illegal and unethical issues happen for several reasons. For example (1) large firms are more likely to commit illegal acts than small firms; (2) although the probability of such wrongdoing increases when resources are scarce, it is greatest when resources are plentiful; (3) illegal behavior is prevalent in fairly stable environments but is more probable in dynamic environments; (4) membership in certain industries and a history of repeated wrongdoing are also associated with illegal acts; and, (5) the type of illegal activity chosen may vary according to the particular combination of environmental and internal conditions under which a firm is operating (Sims, 1992). Other reasons ethical issues are a major concern for organizations is that  it can lead to a potential loss of profit. Experts estimated that U.S. companies lose about $600 billion a year from unethical and criminal behavior (Kinicki, 2009). In order for a business to be considered successful there profit margin has to stay up. On the other hand it has also been shown that a commitment to ethics can be potentially profitable for an organization. Evidence has suggested that profitability is enhanced by a company being honest and having corporate citizenship (Kinicki, 2009). Managers should always be prepared to encourage and focus on improving on-the-job ethics. The number one way they can do this is by behaving in an ethical manner themselves. Managers are role models whose habits and actual behavior send signals about the importance of ethics (Kinicki, 2009). Secondly it is important to develop a meaningful code of ethics. The code of ethics should be given to every employee, and supported by upper management. Also it is a good incentive to offer rewards for compliance and reprimand for noncompliance. Third it would be a great idea to provide each employee with ethics training. Employees can be properly trained to identify and deal with ethical issues through seminars, video, and internet training sessions (Kinicki, 2009). Finally managers should reinforce ethical behavior. For example when you use repetition when teaching children they tend to repeat what they are taught. Therefore if managers reinforce ethical behavior it will become a constant in t he organization. A successful ethics and compliance program improves employee engagement, heightens profitability, and diminishes risk for any company. Whether your organization has an existing compliance program or needs to build one from the bottom up, it is always the right time to make ethics and compliance training a foundation of your business. References Critchlow, Andrew;Murdoch Son Denies Lobbying Lawmaker 2011 Kinicki, A & Kreither, R. (2009). Organizational Behavior:Key Concepts, Skills, Best Practices.(Ashford 4th ed.). McGraw-Hill Sims, R.R. (1992). The Challenge of Ethical Behavior in Organizations.Journal of Business Ethics.

Mass Media + Politics

How, and to what extent, do the media shape the public agenda? What is the question about? I feel as though the question is asking two things; 1, how, as in the models used to illustrate the media and its shaping of the public agenda. And 2, to what extent, through the barriers and limits of the public and also government can the media do this. I will need to explore the different models that highlight this idea, such as the issue-attention cycle, issue-attention theory, and several other models explaining how agendas are set.I will also need to discover the important factors that the media use to shape how these ideas are brought across to the public which then create the public agenda. These factors that allow this to happen are priming and framing. What is my main argument? My main argument for this essay is that the media strongly mould and manipulate us (the public’s) opinions, views and ideas of what is, and isn’t, important in our lives and what we are exposed to .I will also explain that the models and theories previously mentioned illustrate the steps and levels that this occurs at. I think it is also important to mention framing and priming, and their impact on agenda setting. Framing and priming are the vessel that the media manipulates to shape public agenda, and will be my main idea that is carried throughout my essay, as I believe these are the two main factors that are the ‘how’ in the process of media shaping public agenda.What is the outline of my essay? For my introduction I will define what public agenda is, and explain how the media plays such an integral part in not only our personal opinions, but the views and values of the public as a whole. I will then explain several of the agenda-setting theories and models, such as McCombs, McCombs and Shaw’s, Down’s and Rochefort and Cobb’s creations. After discussing these models, I will introduce priming and framing.I will define these ideas and give k ey examples of how these factors apply in everyday life. Priming and framing will be the main body of my essay, and I will explain the extent to which they affect how the media shape and influence public agenda. I will conclude my essay by summarising how the different models of agenda-setting, along with priming and framing, allow the media to influence the public agenda, and the limitations placed upon this.

Copyright Infringement Laws And The Open Source Community

The autumn air is quite stale and the cold weather is just now starting to set in on this cold November day. You’re sitting out on the quad contemplating the thought of a new software idea and you wonder what might you do to perfectly execute this idea. What type of challenges would be required to properly execute the idea? Does this idea already exist and would you be crossing copyright infringement laws? Is it easier to release the idea to the open source community than to go all the way with protecting it so you can pursue it for all its worth? With other countries like China where using copyrighted software ideas, owning knockoff name brand stores, and distributing fake software is considered acceptable it leaves entrepreneurs with a sense of discouragement. Eric Allman said â€Å"The intellectual property situation is bad and getting worse. To be a programmer, it requires that you understand as much law as you do technology.† In this research paper I wish to cover the topics of copyright infringement cases, existing intellectual property laws and groups, and purpose an idea to protect intellectual property. The laws for protecting intellectual property are weak and we should develop laws that everyone stateside and internationally can follow. If the world would adopt the same set of laws for protecting intellectual property then the encouragement of pursuing ideas, creating ideas, and inspiring young entrepreneurs would flourish. The list of copyright infringement casesShow MoreRelatedDigital Intellectual Property Is The Creative, Intelligence, And Artistic Work1236 Words   |  5 Pagesthe ideas, research, skills, and labor he/she put in. Intellectual properties are protected by the copyrights and patent law. 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Minorities - 695 Words

The majority of the 300+ million people currently living in the U.S. are the White race; this is the case in 49 of the fifty states, with the exception of Hawaii. White race includes both Hispanic Americans and Non Hispanic Americans. The Hispanic Americans hold the highest portion of the population in the Midwest of the United States, while the Non-Hispanics make about 79 percent of our population. The common ancestries are from Europe and the Middle East. They came to North America and homesteaded here learning from the natives. After time, more of Europe sailed over and the population grew. The White American has been the most promenade race in the United States since Columbus sailed to North America. The natives taught the Europeans†¦show more content†¦I believe that laws have been used greatly to reinforce discrimination throughout the years by this I imply that people are being judged and denied the opportunity of acquiring respect and chances of achieving their goal s because certain laws either intentionally or not are preventing them from doing so. One example can be how the society views weight as well as personal appearance as characteristics which an individual can control, here we go back to the Civil Rights Act of 1964 which does not prevent any employer from actually judging and discrimination another employee or applicant of the job based upon their appearance or weight. 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Computer Networking and Communication - 1065 Words

A computer networking and data network is a telecommunication network that allows the computers on a network may be linked through cables, telephone lines, radio waves, satellites, or infrared light beams. This facilitates communication and resources sharing within huge amount of people in deferent location. Best known as Internet, is the computer network established using either cable media or wireless media. The only system been used before 19th century was postal system, and it would take several days depending distance between sender and the receiver. But now a day by the access of Internet you can communicate with people within seconds, and doesn’t matter where they live or the distance between sender and receiver. Back in days,†¦show more content†¦But using this entire social network human is becoming less emotional and sometimes your life cannot be private anymore. Advance technologies and networking are leading us to lack of job in society. Before we used to see a person called â€Å"postman† but now a day we no longer use this postal system. Now a day in countries like United State people use online shopping, and the reason often obtain by people is because online shopping saves them time and money. They find more offers online, but as a result there are less shops and less shop means less people working in those shops. Internet and computers are considering being addictive, same as alcohol and drugs. Internet addiction is a huge problem facing our world right now, specially in countries like South Korea, where over 210,000 children are internet addicted who spends up to 18 hours a day on the internet. According to Professor Susan Greenfield of Oxford University â€Å"christened this ‘infantalisation’ or childlike behavior due to a lack of social skills. The reduced social interaction that occurs due to increased use of communications technology can result in a lack of social learning. Common courtesy such as tact, politeness and listening skills may become obsolete†. For students, Internet is the best way to conduct their research or homework. Doesn’t matter the topic it will be in the palm of your hand just by one click. But there are lots of consequences ofShow MoreRelatedData Communications And Computer Networking1682 Words   |  7 Pages Data Communications and Computer Networking Genesis to Revelations paper Sai Kiran Kolanka Wilmington University TABLE OF CONTENTS Genesis†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.3 Extension†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..4 Conversion†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...4 Revelation†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦....5 Subversion†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...5 Diversion†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..5 Unintentional†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Read MorePrivacy and Computer Technology1813 Words   |  7 PagesPrivacy and Computer Technology Today, the development of technology is spread all over the world and so are ethical issues. 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ADR and Contract Law in USA

Questions: 1. Is the system fair for both parties?2. Situation under civil and criminal system?3. Designing a better system?4. Case involving unsatisfactory verdict?5. Reason behind the judgment? Answers: Introduction Alternative Dispute Resolution is the process in which the parties in litigation rely on a third-party who acts as a decision-maker to resolve the dispute in certain out of the court proceedings. Due to a fact that court cases have gone through roofs, Alternative Dispute Resolution has undergone a sea change and is gaining paramount popularity lately (Ware, 2001). This has seen widespread upheaval which certainly points that the system has procedural fairness and hence, parties are moving towards these mechanisms rather than filing litigation and going through the cumbersome proceedings. 1. Is the system fair for both parties? As far as the fairness and just nature of ADR is concerned, it can be said that ADR is a method of resolving disputes in a consensual manner (Archives.gov, 2015). Here, the parties work with a third party who is neutral and is empowered to craft the dispute under his own expertise. Moreover, the costs of the litigation in ADR proceedings are substantially low and also, the regime under this system provides that none of the parties have to lose or forfeit their rights in the proceedings. Moreover, as we all know, Justice delayed is justice denied, ADR ensures a speedy disposal of the cases. Thus, it can be conclusively said that the system is fair for both the parties. 2. Situation under civil and criminal system: The US Civil Code, establishes the mechanism of ADR and based on that code, various proceedings have been successfully applied throughout the federal constituency in various areas including Equal Employment Opportunity actions, Employment Actions, Performance Matters and other Workplace Related Issues (Mighty Laws Simplified..., 2011). As far as the Criminal Law is concerned, ADR has seen a massive upheaval there as well. In the United States, ADR in criminal proceedings has a vital role to play. White J, in the case of Brady v United States, observed the validity of the concept and upheld its importance. Various programs like Victim-Offender Mediation Programs, Community Dispute Resolution Programs, Victim-Offender Panels, Victim Assistance Programs, Community Crime Prevention Programs etc have been designed under this head and they are running successfully (Mighty Laws Simplified..., 2011). 3. Designing a better system: Although ADR is running successfully for the past many years yet, certain amendments can be made to the existing system. In order to design a better framework of ADR, the following changes can be incorporated in it: Initially, for criminal cases, ADR should have a codified law to prescribe the punishments, As far as the concept of precedents is concerned, ADR does not apply in those cases. Thus, this should be included at the earliest. Of late, the cost of proceedings in ADR has seen a steep rise and hence, efforts should be made to bring them down substantially. Enforcement of ADR panels should be made stricter so that the parties get no chance of defrauding each other. 4. Case involving unsatisfactory verdict: An example of such a situation wherein the verdict given was not in accordance to the terms of the facts is that of McAuley v Raymond Kelly, 2013. The problem in the case was that the petitioner was a lady working with the New York Police. She was on duty when the Twin Towers Incident happened. It was decided by the ministry that all the personnel who were on duty during the incident would not suffer any superannuation loss or would not face any termination with regard to ailments that have a long term nature. But, the petitioner at a later stage was terminated because she displayed certain symptoms of cough and blood in her sputum and through urine. It was suspected that she was suffering from a chronic form of ulcer and thus, she was terminated from her service (Simanowitz, 2001). 5. Reason behind the judgment: The ruling was given that she has contracted a communicable disease and hence her termination was essential. The researcher believes that this happened because the initial ruling regarding non-termination was given in a fit of the moment out of sympathy and the mental distress (Search.nycourts.gov, 2015). So, such an erroneous decision taken by the council is likely to have derogatory effects in future like it happened in this case. The petitioner unnecessarily was given a few expectations but later on, she was not allowed to enjoy those. Validity: It is believed that these things should not happen in a working legal system because they decipher a wrong message about the smooth functioning and proper governance of the Alternative Dispute Resolution mechanisms. Law of Contract A contract is said to have been formed when one party offers certain thing to another party and the same is accepted by the other party. There are certain essentials of contract namely, offer, acceptance, consideration, legal capacity, consent and in appropriation of illegal and void contracts. The offer must be made by one party and the same must be accepted by the other party unequivocally. This offer and acceptance is adhered to by either party when the element of consideration is present in the same. Absence of consideration makes a contract void. Further, it is also required that the parties who enter into the contract must be legally eligible to frame the contract. This implies that the parties must be mentally sound, of proper age and must not be prohibited to enter into the contract by law. As far as ADR is concerned, while entering into any contract, the parties should make sure in the written agreement itself that in case if any dispute arises in the future, they would intend to invoke the arbitration clause in their agreement and not adhere to the law courts. Later on, in case of any future dispute regarding performance, breach or termination of the contract, the parties can take note of the arbitration clause and can move to the arbitrators to resolve their disputes. The proceedings through this medium are likely to be speedy and cheaper. References Archives.gov,. (2015). ADR - Alternative Dispute Resolution (RESOLVE. Retrieved 7 May 2015, from https://www.archives.gov/legal/adr/ Mighty Laws Simplified...,. (2011). Applicability of ADR in Criminal Cases.. Retrieved 7 May 2015, from https://www.mightylaws.in/430/applicability-adr-criminal-cases Search.nycourts.gov,. (2015). Search Results: adr decisions. Retrieved 7 May 2015, from https://search.nycourts.gov/search?q=adr+decisionsbtnG=GOclient=main_frontendoutput=xml_no_dtdproxystylesheet=main_frontendsort=date%3AD%3AL%3Ad1entqrm=0oe=UTF-8ie=UTF-8ud=1exclude_apps=1site=Main Simanowitz, A. (2001). Editorial: Alternative dispute resolution. Clinical Risk, 7(3), 108-108. doi:10.1258/1356262011928220 Ware, S. (2001). Alternative dispute resolution. St. Paul, Minn.: West Group.