Alternative Dispute Resolution - Arbitration & Mediation Essay

Alternative Dispute Resolution - Arbitration & Mediation - Essay Example Independence is the lack of any level of association involving the party or parties and the arbitrator or association involving the object of misunderstanding and the arbitrator that would make it unsuitable or the arbitrator to arbitrate among the parties to the dispute. This definition of independence, therefore, is two fold: the lack of a set approach in respect-involved issue by the arbitrator and the lack of any individual association with the parties to the dispute. The impartiality and independence of arbitrators needs safeguarding since the process maybe used to delay justice. Justice McCarthy in R v Sussex stated that justice should be done and seen as done. There exist test to determine the existence or non-existence of bias in an arbitration process. The first test is whether, in the initial point, there was the risk bias and second if, a reasonable individual would have suspected bias in the situation. The enactment of the Human Rights Act of 1998 done in the United Kingd om and it came into operation on October 2000. The intention of the Act was to give an effect to the containment of rights in the European Convention of Human Rights. The sixth article of the act provides that everybody be entitled to a just hearing by an impartial and independent body recognized by law. Accordingly, The court in its decision in Medicaments and Related Classes of Goods, Re, decided one month afterward, took into consideration the Strasbourg jurisprudence in the determination of independence and impartiality of a body. It came into the conclusion that the test in Gough was no longer suitable because it laid emphasis on the view of the court in relation to the facts. The Court of Appeal made a suggestion of a modest modification to the test established in Gough. The applicable test was if the ascertained circumstances by the court would result in a knowledgeable and fair-minded observer to reach a conclusion concerning the real possibility of a biased tribunal. The En glish Arbitration Act inquires if the conditions in the situation may give lead to reasonable doubt concerning the independence or impartiality of the arbitrator. The IBA guidelines on conflicts of interest in international arbitration meant to make a clear assessment of impartiality and independence by the provision of a meticulous guidance on application of the same in practice. In this regard, there are three lists devised to achieve the purpose, which are the, orange, the green and the red lists. The lists try to try to mark general circumstances where bias suspected in harmony with their relative potentiality to give rise to reasonable doubts concerning the arbitrator’s independence and impartiality. In that, view the red list comprises of adverse occasions of challenges faced. The red list has two sections the situations that can be waived and those that cannot be waived. If the situation of a case falls within the situation that cannot be waived on the red list, the pa rties involved do not posses the independence to relinquish their opposition to the impartiality. The situation is so since in some circumstances, the interest of the public necessitate that proceedings of the arbitration halted notwithstanding non-objection of the parties. The position is like the circumstances, which give rise to automatic prohibition under the prevailing English law. The part that has the

Reflection of Personal Art Therapy Experience as Facilitator

Reflection of Personal Art Therapy Experience as Facilitator Brett Cartwright Description I have chosen to do my reflection on the Art Therapy Focusing model in which I facilitated a process for my client, who for the purpose of confidentiality we will call ‘Jemima’. This session was conducted at the Phoenix Institute of Australia as a part of the learning model presented by my lecturer within the Art Therapy Module. During the â€Å"setting up† (Malchiodi 1998) the space process I went about finding an appropriate area and making sure there were sufficient items conducive of an Art Therapy session, such as pastels, paper, and markers, as well as a cabinet in the corner filled with Art Therapy supplies, should Jemima wish to use something different. Upon the completion of the setting up process, I quickly checked in with myself to ensure I was capable of holding space for my client before walking into the waiting area to greet Jemima, inviting her to join me in the room. Once in the room I enquired about how she felt regarding the comfort of the space and offered her the opportunity to rearrange it in any way she saw fit, also pointing out that there were many more art supplies in the corner cabinet. Jemima nodded and said â€Å"I’m actually quite happy with this† making a bodily gesture toward the previously setup space. Now sitting, we began to talk about how her day was going so far and if there was anything specific she would like to focus on. Upon creating an intention for the session I suggested that we try an Art Therapy Focusing process and proceeded to explain what would be involved. We began by drawing her attention into her body, in search of a ‘Felt Sense’ (Gendlin 1996) eventually finding an image that had an ‘emotional quality’ fitting to the intention we had set for the session. I then extended an invite to open her eyes and bring the image to concretised form on the paper, inviting her to open up a dialogue with me about the process if she saw fit at any time, which she ackn owledged but declined. The rest of the session was quite silent and required little more than my presence, â€Å"unconditional positive regard† (Rogers 1980) and holding of the space to facilitate. Jemima indicated when she had finished her image, at which time I asked her to close her eyes again, inviting her to bring her awareness back to the room and slowly drawing her out of the focusing process. At this point I asked her if she could share with me how the process was for her. I let Jemima know that the session was coming to a close, offering her the opportunity to express anything else that might have come up for her during the process, and we closed the session. I then invited Jemima to give reflection on my performance as a therapist, took some notes, and the entire process was complete. Feelings I felt quite comfortable entering into this process as I am reasonably familiar and confident with the focusing process from both the ‘Focuser’ and ‘Companion’ perspectives. Also, I have worked with Jemima on a number of occasions and have developed a good amount of rapport with her, which makes for a productive and healthy therapeutic relationship. Having said that there were, and always are, a certain amount of nerves for me when stepping into the role of therapist, as I have recently discovered via an empty chair process that I have a dominant inner critic that has created really strong insecurities around professionalism. This was, however, coupled with intense feelings of excitement about acting out the entire process of a therapy session and the learning that comes from the experience. At the end of the session, as always, I found myself left with mixed feelings. I became highly stressed and critical about how I performed as the therapist, and some of the feedback I received from Jemima, again coupled with an element of excitement about having made it through the process without any major hiccups on my end. Evaluation At the time I felt things went reasonably well for both the client, and myself. It seemed that the client had really managed to embody the Art Therapy Focusing process. The â€Å"Coming in† process (Purton 2004) was smooth and seemed to flow quite well as we slowly drew Jemima’s awareness toward her inner-world, searching for a Felt Sense that eventually matched that of a ‘Protector’ (as referenced in the Analysis section below). Throughout the creation of the artwork I made a few observations about certain things, such as the way Jemima smiled when the image of her protector came to her; the movements and motions of her strokes on the paper which were reflected as being â€Å"helpful for meaning making† by the client; and the pressure she seemed to apply to different areas of the page. The end of this session felt a bit rigid and clunky upon reflection, as I always seem to have some amount of trouble tying things off without interrupting the clientà ¢â‚¬â„¢s process. Analysis Upon analysis of the session and the feedback given by the client, it would seem that it was a productively therapeutic session that helped the client in â€Å"clearing space† (Gendlin 1996) and creating a â€Å"safe space† using an image of a â€Å"protector† as tools created by Judith Herman and described by Rappaport (1998), which the client can now refer to in consecutive sessions to help return to that feeling of safety, if the client resonates strongly with that image. There was the possibility for a couple of intersubjective responses, as I had a couple of images with protective qualities come up for me when I was witnessing the client’s process unfold, which I held back due to some nervousness around projection and interpretation as I did not want to influence the client’s process in any way. Conclusion In Conclusion, upon reflection of the content of the session from both my perspective and the feedback given, I realise that there is a level of incongruence, and slight lack of unconditional positive regard in not sharing my intersubjective responses with the client. Thus putting distance between myself and the client, and in turn creating a lack of attunement. As a final note, there is very little I would change about the process apart from exercising more congruence and working on developing better skills around closing the session. References Malchiodi, C.A. (1998). Setting up: Drawing on Environment and Materials. The Art Therapy Sourcebook: Art Making for Personal Growth, Insight, and Transformation. (p.79 – 102) Rappaport, L. (1998). Focusing And Art Therapy: Tools for Working Through Post-Traumatic Stress Disorder. Focusing Folio, Vol. 17 (1), (p.2-3) Gendlin, E.T. (1996). Focusing-Oriented Psychotherapy: A Manual of the Experiential Method. New York: Guildford Press. (p.57-58) Purton, C. (2004). Focusing as a Taught Procedure. Person-Centred Therapy: The Focusing-Oriented Approach. United Kingdom: Palgrave MacMillan. (p.90) Rogers. C. R. (1980). Characteristics of the Person-Centred Approach. A Way of Being. Boston: Houghton Mifflin. (p.115-116)

The Byronic Hero Essay -- essays research papers

A hero proves his heroism when faced with opposition. He is shrewd, tough, clear-sighted, experienced, and able to handle adversity in a well equipped manner. However, unlike most heroes, the Byronic hero does not receive satisfaction simply from possessing these traits. The Byronic hero sees himself as an individual who practices non conformity. He is a hero of consciousness more than a hero of action. These qualities of the Byronic hero are demonstrated in Lord Byron’s description of Napoleon. Byron begins his description in Stanza 36. He points out that Napoleon is â€Å"Extreme in all things!† I believe that this trait means that the Byronic hero is neither to the left nor the right, but eternally caught in the middle of both worlds. Stanza 38 goes on to say, â€Å"Oh, more or less than man-in high or low, Battling with nations, flying from the field; Now making monarchs’ necks thy footstool, now More than they meanest soldier taught to yield; An empire thou couldest crush, command, rebuild, But govern not thy pettiest passion, nor, However deeply in men’s spirits skill’d, Look through thine own, nor curb the lust of war, Nor learn that tempted Fate will leave the loftiest star.† I believe that Lord Byron is saying that Napoleon can crush any nation, only to rebuild it again, and he can win any war, and have control over thousands of men. It is the war within himself that he has no control over, that he is not able to crush. Lines 339-342 are referring to the ... The Byronic Hero Essay -- essays research papers A hero proves his heroism when faced with opposition. He is shrewd, tough, clear-sighted, experienced, and able to handle adversity in a well equipped manner. However, unlike most heroes, the Byronic hero does not receive satisfaction simply from possessing these traits. The Byronic hero sees himself as an individual who practices non conformity. He is a hero of consciousness more than a hero of action. These qualities of the Byronic hero are demonstrated in Lord Byron’s description of Napoleon. Byron begins his description in Stanza 36. He points out that Napoleon is â€Å"Extreme in all things!† I believe that this trait means that the Byronic hero is neither to the left nor the right, but eternally caught in the middle of both worlds. Stanza 38 goes on to say, â€Å"Oh, more or less than man-in high or low, Battling with nations, flying from the field; Now making monarchs’ necks thy footstool, now More than they meanest soldier taught to yield; An empire thou couldest crush, command, rebuild, But govern not thy pettiest passion, nor, However deeply in men’s spirits skill’d, Look through thine own, nor curb the lust of war, Nor learn that tempted Fate will leave the loftiest star.† I believe that Lord Byron is saying that Napoleon can crush any nation, only to rebuild it again, and he can win any war, and have control over thousands of men. It is the war within himself that he has no control over, that he is not able to crush. Lines 339-342 are referring to the ...

Comparative Analysis Literary Works Essay

Did you know that many books, poems, and other literary works, sometime share some similarities or same point of views on a topic? Well, these similarities can be anything from the same setting, same characters, etc, and sometime they may have similarities in their conflicts. Like in the play, A Midsummer Night’s Dream by William Shakespeare and in the story, â€Å"The Coldest Winter Since 1854† by William Saroyan. Both of these literary works had many similarities but one major similarity is in their conflicts, but what are their major conflicts in both of these works and how are both of these conflicts similar? Well you are just about to find out. In the story, â€Å"The Coldest Winter Since 1854† our main character, Dewey, a young boy who is in school, share his love to another young girl named Emma, by giving her a love letter. Soon the teacher finds out about this â€Å"love letter† and sent him to the office. He later spends a whole day with the principal as his punishment, but what is the conflict? Well later, the principal, Mr. Bowler, ask Dewey to stop being in love with Emma, why? Well it’s because of his social stats. You see, Dewey is just â€Å"a poor man’s son and Emma is a rich man’s daughter† so they’re not fit to be together, which Dewey is force to accept this fact, but Dewey may still continue to love her. In A Midsummer’s Night Dream, the story is a little different. In this plot, taking place along time ago in the city of Athens, one of the characters named Lysander, a young man, is in love with a young woman named Hermia, and Hermia is in love Lysander as well. So what’s the problem? Well Hermia’s father, Egeus is the problem. Egeus doesn’t want her daughter, Hermia, to marry Lysander, instead, he want her to marry Demetrius. Demetrius is another young man that Hermia’s best friend, Helena is in love with. But can Egeus make Hermia marry Demetrius? Well under the law of Athens, he can. The law said that a daughter must follow what her father said; otherwise she is put to death. So Hermia and Lysander decided to run away together to another city, where the laws are different and get marry there. Which later, Helena tells Demetrius about their plan. Soon later, most of characters are in magical forest, late at night, where it starts to go downhill fr om there. Now that you know part of these works, and their main conflict, you may be wondering, how can these conflicts be any similar? Well if you readied carefully, you may had noticed their similarities. In both stories, there is a love connection between two characters. In â€Å"The Coldest Winter Since 1854†, it’s between Dewey and Emma, and in A Midsummer’s Night Dream, it’s between Lysander and Hermia, and later in the plot, it’s also between Demetrius and Helena. Another similarity is that in both stories, is that the guy can not be with the girl he like, because of an issue that preventing them to be together. In â€Å"The Coldest Winter Since 1854†, Dewey can not be with Emma because of his social stats; he is the son of a poor man, while Emma is the daughter of a rich man, and them being together would cause huge trouble for him and her. While in A Midsummer’s Night Dream, Lysander can’t be with Hermia because of Hermia’s father, Egeus. Egeus is forcing Hermia to marry Demetrius instead of Lysander, and under the law of Athens, he can that. So now you should be able to notice the similarities between the two stories, but if you still can’t, another good example would be from another book called Jake Reinvented. In this book, Jake, the main character of the book, can not date an popular girl he like, because of his social stats, so he moved and goes to this new school, where the girl he likes, goes there too, and pretends to be a popular guy, by doing stuff like being on the football team, hanging out with the popular crowd and throw huge parties. So as you see, these literary works, both had many similarities, one of them being in their similar conflicts, and these are not the only stories that share similarities between two different stories. There are a huge list of stories, poems, novels, and even in songs, movies and so many more. Who know how many similarities there could be. So why not try for yourself, and see if any stories, share any similarities between each other like these two stories did.

My Hero Is My Father Essay

Everyone has someone who has made an impact on his/her life. It can changed the view of this world. Sometimes people can get a hope from the person or the organization to change their life path. Since I have learned the differences between cons and pros, I found my self oriented to my father behavior. A father in love with his daughter. I love him even he is not alive any more. Although he passed away years ago, his advices and recommendations are still in my memory. He studied in a collage of oil and gas, and worked for the company in Iran named National Iranian Oil company. My brothers and I were proud of our parent. He was a strong family man who was devoted to providing the best he could for his family. I believe we were luckiest kids alive to have had two such loving parents. I firmly believe that my parents had impacts on shaping my future life. Especially my father effects on me most of the time when he were alive. body: Education My father always surrounded by books and newspapers that gave me a sense of reading. I grew up in this environment. When I was five years old, my father gave me a book as a gift on my birthday which have had big impact on me since I remember. One of the book that I love it is â€Å"The little prince† by Antoine de saint Exupery . My dad gave this to me when I left high school and whenever I see the cover I recall him. Reading a lot of different book helps improve my writing and my communication skills. I gain a lot of knowledge about the world around me by reading books. Behavior The lessons that my father taught me are very valuable for me. He always taught me to speak the truth, because it is the first step that will take me to success. He told me to be honest with everyone and every thing. This is the path of success in the future. Another value that he told me is to respect the elders and to love those who are younger. By respecting the elders, I will get prayers from them and by giving love to those who are younger, I will feel an internal peace. Personality My dad taught me help myself first try before I as for help. I am patient and determined, since I have tried hard to reach my goal and never complain. I have learned all these values from my father who devote his life to help me build up my personality. Being independent makes it easier to make decisions for me. I don’t rely on others Conclusion To me he is the greatest hero. Undoubtedly, parents play an important role in child’s development.