Ednas Suicide in Kate Chopins The Awakening Essay

Ednas Suicide in Kate Chopins The Awakening At the end of Kate Chopins novel „The Awakening the protagonist Edna commits suicide. The remaining question for the reader is: Does Ednas suicide show that she succeeded or failed in her struggle for independence? Ednas new life in independency seems to be going well especially after Robert had returned from Mexico. The lover, who she met during her vacation at Grand Isle, told her that he loves her and he wants to marry her. But her mood changes when her friend Adà ©le tells her that she should care more about her family as she does not spend enough time with her family because of her affairs. Robert leaves Edna behind because Edna does not give a clear answer to his marriage†¦show more content†¦She does not want to keep herself hidden from the outside world, unable to transcend the social barriers. However, Adà ©le Ratignolle represents the typical mother woman in the novel, who has accepted and embodied this socially constructed role. She does her duties without questioning her existence and she lets herself be locked in a cage. Edna realizes that she does not want a life deprived of independence and freedom. She does not want to be locked up in a cage and that her wings are not clipped yet and she still has got a chance to break through to barriers. Considering this, it is very unlikely that Edna would have married Robert: She would have wanted to live with him in an awakened life where she can be free and independent. For Edna it is impossible to be his wife only to cover up Robertss weakness. It was because of Roberts cowardice that he ran off to Mexico. This point is getting confirmed with the marriage proposal. The marriage proposal shows the reader that Robert is a coward and that he has lacks of strength to fight against social prejudices and barriers. He is afraid of the consequences he would have to face given him by the society. He tries to escape with the proposal. Edna is a very independent woman and she has the strength to oppose a man. She is more emancipated than Robert and she has actually entered another world. A different option would have been that Edna decides to live the life of an artist. She couldShow MoreRelatedThe Awakening: An Emergence of Womens RIghts in the Late Nineteenth Century1330 Words   |  6 PagesThe Awakening: An Emergence of Women’s Rights in the Late Nineteenth Century Kate Chopin’s The Awakening addresses the role of women within society during the late nineteenth century. The novel is set in South Louisiana, a place where tradition and culture also play a vital role in societal expectations. The novel’s protagonist, Edna Pontellier, initially fulfills her position in society as a wife and as a mother while suppressing her urges to live a life of passion and freedom. Edna’s relationshipRead More The Transformation of Edna Pontellier in The Awakening Essay950 Words   |  4 Pagesdid not know what† (Chopin). In Kate Chopin’s novel, The Awakening, the reader is introduced to Edna Pontellier, a passionate, rebellious woman. Throughout the novel, it becomes apparent how unsettled Edna feels about her life. The reader can identify this by her thoughts, desires, and actions, which are highly inappropriate for an affluent woman of the time. In the novel, Edna has an awakening and finds the courage to make the changes she sees necessary. Kate Chopin is able to make qualityRead MoreKate Chopins The Awakening: Womens Role In Society Essay1504 Words   |  7 Pageswomen of this era express themselves freely or did they just do what society expected of them? Kate Chopin was a female author who wrote several stories and two novels about women. One of her renowned works of art is The Awakening. This novel created great controversy and received negative criticism from literary critics due to Chopins portrayal of women by Edna throughout the book. The Awakening is a novel about a woman, Edna Pontellier, who is a confused soul. She is a typical housewife thatRead MoreEdna Pontellier as a Feminist in Kate Chopin’s The Awakening765 Words   |  3 Pagesto fight back against the norm. This never-ending war is responsible for major advancements in the social order, but not every story is so successful. In Kate Chopin’s â€Å"The Awakening†, Edna Pontellier finds herself fighting this very battle that, although begins with a positive outlook, ultimately ends in her demise. Throughout â€Å"The Awakening†, Edna is immersed in a constant clash with society over the significance of the difference between her life and her self. To Edna, the question of whetherRead MoreThe Awakening Ednas Suicide1304 Words   |  6 Pages Edna’s Victorious Suicide In the iconic debated novel â€Å"The Awakening†, Kate Chopin’s novel takes place in the Victorian Era, which is in the 19th- century, similarly the novel was published in 1899. Edna is depicted as a woman longing for more, a woman who was looking for more than just a life of complacency and living in the eyes of society. The story uses Edna to exemplify the expectations of women during this era. For example, a woman’s expression of independenceRead MoreThe Awakening: Womens Role in Society1547 Words   |  7 Pagesthe women of this era express themselves freely or did they just do what society expected of them? Kate Chopin was a female author who wrote several stories and two novels about women. One of her renowned works of art is The Awakening. This novel created great controversy and received negative criticism from literary critics due to Chopins portrayal of women by Edna throughout the book. The Awakening is a novel about a woman, Edna Pontellier, who is a confused soul. She is a typical housewife thatRead MorePersonal Demoralization In The Awakening1561 Words   |  7 PagesPersonal Demoralization in The Awakening To demoralize someone is to dishearten or discourage them and cause them to lose hope. Kate Chopin uses words like â€Å"depressed† (56), â€Å"hopeless† (56) and â€Å"despondency† (p115) to describe Edna Pontellier, the heroine, in The Awakening. Coupling this description with Edna taking her life at the end of the novel and Chopin’s own inferred demoralization, due to the universal aversion to The Awakening, the natural conclusion is that it is a work of â€Å"great personalRead MoreWolffs Analysis of Chopins The Awakening647 Words   |  3 PagesWolff’s Analysis of Chopin’s The Awakening In her essay Un-Utterable Longing: The Discourse of Feminine Sexuality in Kate Chopins The Awakening, Cynthia Griffin Wolff creates what Ross Murfin describes as a critical whole that is greater than the sum of its parts. (376) By employing a variety of critical approaches (including feminist, gender, cultural, new historicism, psychoanalytic and deconstruction) Wolff offers the reader a more complete (albeit complex) explanation of Edna PontelliersRead MoreKate Chopin s Life And Feminism1281 Words   |  6 PagesKate Chopin’s Life and Works- Feminism Kate Chopin, born on February 8th, 1850, was a progressive writer in the midst of a conservative and unequal time. She exposed the unfair undertones of society in such a way that made people outrage and condemn some of her works. However, in the early 1900s, her works were examined again and people started to listen to her ideas. One of these main motifs that Chopin’s works kept bringing up were feminism and equality. In The Awakening, Edna Pontellier, a radicalRead More Essay on The Awakening733 Words   |  3 PagesCriticism of The Awakening      Ã‚   Reading through all of the different criticism of Kate Chopin’s The Awakening has brought about ideas and revelations that I had never considered during my initial reading of the novel.   When I first read the text, I viewed it as a great work of art to be revered.   However, as I read through all of the passages, I began to examine Chopin’s work more critically and to see the weaknesses and strengths of her novel.   Reading through others interpretations of her

The Manifest Destiny, And The Economic Rewards - 1456 Words

The influence of the â€Å"Manifest Destiny† and the possible economic rewards were the driving force behind Jefferson’s desire to send Meriwether Lewis and William Clark to go on a three year expedition westwards to the Pacific Ocean in August of 1803. While the journey to the West provided Lewis and Clark was one that was both fascinating and difficult, the journey back home was one that was filled with obstacles. Some of the difficulties faced on the journey home can be attributed to the climate and topography of the land which are recorded in the journals of Lewis and Clark. During June of 1806, Lewis and Clark are returning home by way of the Missouri River. Clark provides in-depth imagery about the topography of the land during a fishing trip and states: â€Å"the first 20 ms. of their rout was up Commeà ¢p Creek and through a plain open Country, the hills of the Creek Continued high and broken with Some timber near it s borders, the ballance of heir rout was through a high broken Mountanious Country. generally well timbered with pine the soil fertile. in this quarter the meet with abundance of deer and Some big-horned Animals. The East fork of Lewis s river they discribe as one Continued rapid of about 150 yards wide, it s banks are in most places Solid and perpindicular rocks, which rise to a great hight; it s hills are mountanious high. on the top of Some of those hills over which they passed, the Snow had not entirely disappeared, and the grass was just springing up.†Show MoreRelatedIndustrial Revolution Essay1205 Words   |  5 PagesIn 1837, John Deere had engineered a new plow that allowed farmers to farm more land quicker. By 1840, the South was producing well over half of all American exports, mostly in the form of cotton. As these inventions increased the production and reward of farming, the South continued to stay an agricultural society, dependent on slaves for their labor. Without these inventions, slaves may have faded out as in the North, or the South’s economy would not have been as strong from the sale of cottonRead MoreExpansion Of The United States1761 Words   |  8 Pagesways. One of the main ways was war, also purchasing land or just taking land, as they did to the Indians. There were many points of view on expanding territorially and many reasons why or why not the United States should expand. The ideas of manifest destiny, imperialism, social darwinism, and the fear that if the United States didn’t join in and try to acquire land then there would be no land left for them. They would be inferior to other countries and that is not what they wanted. 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The increase in US exports led to a decrease in slaveRead MoreIs There a Philippine Public Administration1548 Words   |  7 PagesAlthough they had spread many of the fundamental values of the West through the proselytizing of the Catholic religion, the Spanish had nevertheless done little to advance the development of science or the spread of economic growth in the Philippines (partly reflecting the scientific and economic backwardness of Spain itself in the nineteenth century). On the authors statement on The old (colonial) and the new political ethics have become one, a syncresis or a combination of often contradictory elementsRead MoreEssay The Cowboy Figure1467 Words   |  6 Pageshero of the West, has become a cultural icon. 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In essence, there is a white male European metanarrative which deeply influenced attitudes towards people of color and their context, and which almost inevitably led to the exploitation and oppressionRead MoreA Popular American Topic On The 19th Century2982 Words   |  12 Pagesamong both settlers. Elected president in 1828, Andrew Jackson would come into office with a plan to resolve the problem of tensions that continued among Native Americans and Euro-Americans. Beginning with the well-known word and notion of manifest destiny and moving on to the United States government policies, the American westward expansion brought much profit to the Euro-Americans but much suffering to the Native Americans. Governme nt policies would soon be put forth and justify the oppressionRead MoreTreaty of Guadalupe Hidalgo5187 Words   |  21 PagesTexas in 1845 and the Mexican Cession in 1848 make evident the bulldozing efforts of the dominant Anglo culture to fulfill its â€Å"Manifest Destiny,† in spite its own declarations that â€Å"all men are created equal† and that the United States is a nation that believes in the personal freedoms of life, speech, property and religion. Confronted by the reality of Manifest Destiny and annexation, the new Mexican-Americans resisted the unjust domination of the U.S. Government and its citizens and challengedRead MoreTest 32097 Words   |  9 Pagesworking for her. Betty is performing the __________ role.   A.  leadership B.  figurehead C.  liaison D.  technical E.  entrepreneur    20.  The belief that you control your own destiny is called   A.  internal locus of control. B.  entrepreneurship. C.  intrapreneurship. D.  external locus of control. E.  manifest destiny. Test 3b From the remaining chapters including 14 1.  The scientific method consists of   A.  trial and error. B.  intuition. C.  observation, theorizing, predicting, and testingRead MoreNineteen Years A Slave, By Solomon Northup, And Black Hawk Essay2336 Words   |  10 Pagesconflicts with Native Americans, both the North and the South were influenced by a common nationalist and expansionist mindset. Regarding the question of slavery however, it is evident that the North and the South were divided by their respective economic doctrines: free labor and slave labor. Both of these outlooks are reflected in the aforementioned texts, as well as other historical accounts and examinations of the time. In 12 Years a Slave, Solomon Northup relays to us his harrowing experience

Bullying Evolution Cyber Bullying - 1870 Words

Bullying Evolution: Cyber-bullying 1858 Words 8 Pages At some point during your childhood, you may have encountered that troubled individual, typically known as the â€Å"bully† that drove fear in the hearts of the weakest link by humiliating them, taking what is rightfully theirs, constantly picking on them and sometimes even inflicting physical abuse. Well I hate to break it to you but this individual is back and is more equipped than before, preying on the weak and vulnerable in the cyber world (internet). Most recently, it took a crime wave of â€Å"cyber bullying† before our media and leaders in the Untied States gave it attention; now that the American people realize that the â€Å"classroom bully† has evolved into a more dangerously clever and†¦show more content†¦Cyber Bullying is defined by the National Crime Prevention Council as - when the Internet, cell phones or other devices are used to send or post text or images intended to hurt or embarrass another person (National Crime Prevention Council) . The internet has created an entirely new world of social communications particularly for youths. There are no more barriers. Family, friends, young and old may now stay in touch with just about everyone, anywhere in the world through the use of email, text messaging, web chat, and instant messaging. Although, most interactions are friendly and in good nature, there are some that are not. The use of technology as a tool to antagonize, torment and intimidate others is now a widespread problem. Sadly, this form of bullying like all others is most common among children and young adults. Research done by Cox Communications on children between 13 thru 18 year-olds, 25 percent said they were cyber-bullied whether online or by cell phone (Cox Com. 2009). Also in 2007, the National Crime Prevention Council reported cyber-bullying as a problem that affected approximately half of all American teens. Since it is popular among this group of American teens, then it is safe look at some of possible reason cyber bullies of this age group are encouraged to take part in such activity.Show MoreRelated Bullying Evolution: Cyber-bullying Essay1869 Words   |  8 Pagestheirs, constantly picking on them and sometimes even inflicting physical abuse. Well I hate to break it to you but this individual is back and is more equipped than before, preying on the weak and vulnerable in the cyber world (internet). Most recently, it took a crime wave of â€Å"cyber bullying† before our media and leaders in the Untied States gave it attention; now that the American people realize that the â€Å"classroom bully† has evolved into a more dangerously clever and sinister inflictor of emotionalRead MoreSocial Medi Evolution Or A Step Back1697 Words   |  7 PagesSocial Media: Evolution or A Step Back In a century where we are living in the future, it can be easy to leave things in the past. Techniques of communication have been altered and now technology presents ways to talk to people around the world. People have access to unlimited resources and everyday society is advancing; or is it? Face-to-face communication is the foundation of our societies and what has brought people together since the beginning of time. Something that has been so crucial in theRead MoreInternal Bullying And Its Effects On Society847 Words   |  4 Pagespart in bullying behavior towards other individuals. -Victims or pure victims: individuals who are targeted with bullying. -Bully-victims: individuals that are bullies and victims within the same time period. -Non-involved: those who are neither bullies nor victims. The Health Behavior in School-aged Children (HBSC) Survey reported on U.S. adolescents in grades 6-10. -The survey concluded that 56% of adolescents had been involved (either as the bully, victim, or both) in verbal bullying. -51.4%Read MorePrevention And Intervention Of Cyber Bullying Essay1458 Words   |  6 PagesAtlantic University, and Internet safety expert Dr. Justin Patchin set worth to study the topic of cyber-bullying, since there wasn’t much research on the topic up until that point. In Bullying Beyond the Schoolyard (2009), the authors paint a picture of the online aggressions adolescents are facing on a daily basis. Hinduja Patchin (2009) included stories of victims, ongoing research on cyber bullying, and an overall review of current legislature pertaining to the topic. The authors also highlightRead MorePersuasive Essay On Cyber Bullying925 Words   |  4 Pagescrime is evolving. Children went from bullying other kids at the playground to cyber bullying. Cyber bullying is the sending and taunting of other via the Internet. More advanced levels of cyber crime continue to rise. Cyber bullying is considered to be one of the worst types of bullying. According to Ann Frisà ©n, Profes sor of Psychology at the University of Gothenburg, victims of cyber bullying do not receive a break (Cyber bullying). With standard bullying, the victim got a break from the tormentRead MorePersuasive Essay On Bullying1011 Words   |  5 PagesBullying, bullying has been around for a long time. Bullying has been in America since the country’s founding. Created from a competitive environment, bullying has remained a relevant issue throughout the years. Cyberbullying, has allowed the problem to expand, the thought to survive is an instinct and is common among all humans. Survival is associated with competition due to the large amount of species and limited resources on the planet. Since the dawn of time there has been a constant thoughtRead MoreShould Cyber Bullies Be Prosecuted?939 Words   |  4 PagesShould Cyber Bullies Be Prosecuted? Sticks and Stones may break your bones but words never hurt, but in reality, words cut deep. Cyberbullying is on the rise and more people are taking their lives due to another person(s) choice of words and actions. Someone has to take a stand against it, cyberbullies should be prosecuted. It has become a bigger issue than face to face bullying. Cyberbullying is permanent and inescapable as technology progresses with time it lasts forever. They way that socialRead MoreDangers of Cell Phones Essay1136 Words   |  5 Pagesstore where there is even faster online dating. Cell phones make it easier for kids and teens to make fake online profiles or lie about their age on an adult only dating app. Cyber bullying becomes a major problem in society today; many teens suffer the harsh threats and actions from other teens across the web. Cyber bullying gives teens an advantage to being able to say things that they usually wouldn’t in person. It gives them a power which they will use to get themselves ahead. Teens also don’tRead MoreProfessional, Ethical, And Legal Issues For Software Engineer1961 Words   |  8 PagesCyber-bullying Report By: Fareeda Almutairi Professional, ethical, and legal issues for software engineer CPSC 548 Department of Computer Science College of engineering and computer science California State University, Fullerton Instructor name: Michael D Falkow Spring 2015 Abstract: Bullying is a negative practice used to control, intimidate, and hurt the feelings of others. In the past few decades, there was only one type of bullying, which was called â€Å"traditionalRead MoreModern Day Bullying And Its Effect On Education1415 Words   |  6 Pages Modern Day Bullying and Its Effect on Education Dominique Rollins Catawba College â€Æ' Modern Day Bullying and Its Effect on Education The current definition of a â€Å"bully,† is listed as â€Å"a blustering browbeating person; especially: one habitually cruel to others who are weaker,† (Merriam-Webster, n.d.). Over the past 15 years, the term â€Å"bullying† has changed from a word that describes what was once perceived as children and teenagers making and playing harmless jokes and pranks on each other

Aline Deneuve Case Analysis - 1074 Words

Case Analysis: Aline DeNeuve The case upholds Aline DeNeuve’s conversations with some of the employees of her workplace regarding the relevancy of taking a business retreat, and what expectations and outcomes can come out of it. After going through the talks with her employees, it can be clearly stated that the management system of the firm is broken down as the low morale and attitudes of the staff are deeply shocking. This mainly caused due to perception error among the employees and their higher ups. Heather, one of the employees, showed her resentment towards her supervisor because of not promoting her. She attributed his boss’s decision directly to the notion that he doesn’t like foreigners (Heather is Chinese) and completely†¦show more content†¦She thinks that retreats create opportunities for males and females in the company to hit on one another. Because of holding strong religious belief and feel, she believes that the organization should create policy concerning inter-office dating. As for the last employee named Richard, it was evident that he totally supported the idea of a business retreat. He thinks that retreats are very good for developing relationship and socialize within the organization. From the organizational behavior perspective, Heather’s situation falls down to unintentional discrimination category. As she is thinking the reason for not promoting her is due to the reaction of the supervisor towards foreigners. But the main reason could be the fact that she is taking too many sick leaves. Jack’s case could also be an example of stereotyping. He feels that he has not been promoted because he is black, this clearly suggests the idea of stereotyping. As Aline currently occupies the position that Jack was supposed to get, we can say that Aline got the job because the higher ups felt Aline to be fit for it. On the other hand, this could be a case of intentional discrimination as higher ups could have discriminated Jack and thus didn’t give him the job. In case of June, this is a perfect example of employee stress due to low task control and thus creating work overload. As the senior management didn’t pay heed to her plea of hiring more representatives in order to make the jobShow MoreRelatedEssay on Aline Deneuve Case Analysis1045 Words   |  5 PagesCase Analysis: Aline DeNeuve The case upholds Aline DeNeuve’s conversations with some of the employees of her workplace regarding the relevancy of taking a business retreat, and what expectations and outcomes can come out of it. After going through the talks with her employees, it can be clearly stated that the management system of the firm is broken down as the low morale and attitudes of the staff are deeply shocking. This mainly caused due to perception error among the employees and their higher

Negotiations and Alternate Dispute Mechanism Free Essays

Alternative Dispute resolution encompasses distinct forms of dispute resolution through arbitration and mediation. Arbitration is a method of dispute resolution involving one or more neutral third parties who are usually agreed to by disputing parties and whose decision is binding.[1] Arbitration generally proceeds in a similar fashion to that of the court with opening statements, the presentation of witnesses and evidence, cross-examination, and closing arguments. We will write a custom essay sample on Negotiations and Alternate Dispute Mechanism or any similar topic only for you Order Now Arbitrators then decide cases based on the evidence, and their decision is final binding on the parties. Mediation on the other hand is an informal dispute process in which the third party – the mediator helps disputing parties to reach an agreement. A mediator, unlike the arbitrator, has no power to impose his decisions on the parties. Therefore, the mediator’s role is to bring the parties closer together through discussions of weaknesses in the case for both sides, in an effort to convince each to settle the dispute. Arbitration and mediation are voluntary mechanisms- that is the parties are only required to mediate or arbitrate if they agree to do so. The absence of such an agreement will see the parties go to the court of law; therefore the parties in contention cannot be hauled into private mediation and arbitration against their will. It is at the disposal of the parties to decide how they will go about to do it. Alternative Dispute Resolution mechanisms have advantageous such that they are cheaper and quicker than court proceeding and permit parties to resolve their differences more efficiently. Studies have shown that arbitration proceedings in the employment discrimination area to take an average of 8.6 months to be resolved, whereas the average court cases involving alleged employment discrimination takes almost two years.[2] This has seen businesses and employees placing mediation and arbitration in the employment contracts or agreements thus discrimination conflicts can be solved amicably without going to the court of law. Arbitration Arbitration proceedings are like informal court proceedings. They take place in conference room and not in the courtrooms at date scheduled by the parties. In African traditional setting arbitration proceedings take place under a tree called a baraza[3]. Generally during the proceedings of the arbitration the parties select a particular rule to apply to the arbitration and are free to modify such rules by agreement. The reason parties prefer arbitrations to court is because they are more streamlined and friendly. Discoveries in arbitrations tend to be less comprehensive and persistent, with arbitrators frequently imposing limits on the number of depositions each party can take. The arbitrators equally understand that the parties select arbitration in part to avoid the cost of court proceeding and issue rulings considering these goals. While arbitrators make evidentiary rulings and can bar evidence and testimony they deem improper, arbitration rules generally shun strict compliance with rules of evidence.[4]   In conforming to the informal nature of the Alternative Dispute Resolution mechanisms, the arbitrators generally make mistake on the side of admitting all the evidence and when they are weight to particular testimony and exhibits. Therefore due to the informal nature the arbitration process give a loophole for some biasness in the process of making decision among the arbitrators. Unless parties’ arbitration provides otherwise, arbitrators generally are chosen with the help of designated arbitration organization. The process entails the organization submitting names of the arbitrators to the parties then the parties will strike the names they consider lowly ranked. The highly ranked names by the parties will be then asked to arbitrate the dispute. Various formats of arbitration can be highlighted in this sense. Most traditional is for a single arbitrator to act as the judge of the case, that is, to preside over trial and then issue a ruling based on the evidence. This varies slightly from the use of panel of arbitrators –rather than a single arbitrator- to hear a dispute. A single arbitrator handles small to medium-sized disputes, with a panel of arbitrators used to solve more complicated disagreements. Sometimes parties can decide the number of arbitrators they want in resolving their dispute. Parties can also select other forms for arbitrating dispute. For instance, parties can use â€Å"baseball-style† of arbitration where the one party, which table its proposal for example of a salary to a panel of arbitrators and the employer for example, tables his/ her proposal too.[5] Then the arbitrators go through each party’s proposal and come up with an amicable figure or solution to the dispute. This is a case where the winner takes it all since the arbitrators do not have the ability to split their decision but to choose one side’s proposal. This kind of scenario is equally done in business settings where each party endeavors to offer the best possible offer, as the more aggressive a party’s submission, the less likely it is to be chosen by the arbitrator. Another variation from traditional arbitration is the so-called â€Å"Party arbitrators†. This is contrary to the traditional arbitrators who are unbiased and must be free of conflict of interest. Parties’ arbitrators are not neutral and instead are appointed by one of the parties. In this case each party appoints its arbitrator to join a third neutral arbitrator who serves as the chairperson of the panel. This can be depicted in sport disputes, which handle players’ grievances, for example. This form of arbitration is also common in boarder labor environment, with a union and management each appointing its own chosen representative to join a neutral chairperson. Party arbitrators complicate the process of reaching an amicable solution to a problem because the representatives of the parties of course support the position of the parties that appointed them. Some even go ahead and act  Ã‚   as advocates by questioning witnesses. In this effect, arbitrations involving party arbitrators tend to hinge on the vote of the lone neutral arbitrator, with the two party arbitrators generally ruling in favor of the party that appointed them. Mediation Mediation, on the other hand, entails the effort of a single and neutral party- the mediator- to act as an intermediary between parties to help them resolve disputes. Most of the mediation proceedings are nonbonding with the mediator having no authority to compel the parties to reach a resolution. In this sense the mediator considers each parties point of view and their reasons in the light of settling the dispute. This therefore is a case where a skillful and a man of high integrity can act as a broker between the parties and help each party to see the case from a neutral perspective. The mediator can save the parties time and money by pushing them to accomplish their resolution in a day what would have taken weeks and months. Mediation comes in various facets. One form of mediation is the facilitative mediation. In this form the mediator uses the best efforts to convince each side the reasons to settle. The mediator does this by highlighting the weakness of its case, the strengths in its adversary’s case, the cost of litigation, the downside risk of not prevailing, and any other factors that the mediator believes the parties should focus on in properly assessing the case. A good mediator- by the fact that he/she is respected by both the parties- can be suited to soften each side’s position. He can ascertain the strongest and weakest points in each side’s case and may be able to advance each side’s position with the opposing party. Facilitative mediation sessions begin in a conference room where the mediator and the all parties are present. Each parties counsel is given an opportunity to make an opening statement in support of its case (the party’s case). After this opening statement, the parties break into different rooms, separately meeting with the mediator who shuttle back and forth to bring the parties closer. The mediator tries to convince the defendant when he is in the defendant’s room and give him the reasons for not pursing further the case. The mediator also brings out the expenses that the two parties will incur in the process of fighting in the case. He shows how difficult it would to prove her case. In facilitative mediation the mediator does not formally evaluate the case or promote any particular settlement. His goal is to find areas of potential compromise between the parties, and creatively search for a resolution acceptable to each party. On the other hand evaluative mediation, the mediator does not only facilitate the discussions between the parties but also evaluates the claims in the issue. The mediator in this examines the case, by looking at the pleadings and damages modes and arrives at specific recommended settlement- based on his assessment of the likely result of the prospective trial. Even if this does not lead to  Ã‚   an immediate settlement, it may focus on the parties on middle ground and form the starting point for negotiations in the ensuing days. As in the case of facilitative mediation the mediator ought to be a person of integrity in the society if not so no party will accept his judgment thus making the whole exercise to be in futility. There is also the kind of mediation referred to as binding mediation. This is where the mediator not only evaluates the parties but also ultimately imposes a settlement on the parties. This method is less prevalent since it the mediator takes the position similar to the judge at the law court. Parties prefer to discuss through their dispute but not to trust third parties. So instead of taking this form of mediation, parties just decide to go for full-blown trial. In preparation of mediation sessions, as an initial matter the selection of the mediator is very important. In most instances it is the parties that select the mediators. It is important to choose a mediator respected not only by one side but the two sides.   The goal of the of mediation is to use the mediator as an instrument to prod the other side to settle on favorable terms, and only a respected mediator   is likely to have that ability. In the preparation of mediation process the parties concerned have to prepare and submit confidential mediation statement in support of their position in the case. The statements are confidential and only accessible to the mediator and not to the other party. They are meant to orient the mediator in the case so that he can be a more effective intermediary.   The mediators’ objective is to reach settlement- and not to reach the result he believes is most equity- and he is mostly likely to succeed if he knows in advance what potholes to avoid. Negotiations In the endeavor to negotiate effectively, negotiators require a thorough knowledge of client’s case. They also have to know their clients priorities with the respect to the item in dispute. Negotiations require tact and skills, the understanding of the personalities and interests at play, and the trust and respect of the other side. The main mistake in negotiating is to be caught in a bluff, threatening to take certain action then not following through. Once this happens, it diminishes the opposing side’s trust in the counsel and makes favorable settlement far more difficult settlement far more difficult to achieve going forward. Negotiations sometimes can be long so synchronizing the negotiations is paramount for the success of the processes.[6] Generally, a claimant will make a demand before ever initiating alternative dispute response mechanism; it is the respondent’s rejection of this demand that leads to arbitration. Most arbitration organizations offer voluntary mediation to the parties and arbitrators. Thus effective counsel advocates never fully  Ã‚   give up on the possibility of settlement, even if a negotiation resolution does not seem realistic in the near term.   Effective negotiations require careful preparation by counsel. The main element of negotiations is to accurately express a client’s view of the case and properly set opposing counsel’s expectations. None of the mechanisms of resolving disputes –arbitration, mediation or private negotiation are exclusive and independent on their own. Therefore none can work without the backing of the other. If for instance a counsel is doing her job properly, she is not just focused on arbitrating or just on negotiating; rather, she is at all time considering the best and most efficient way to get her client form the point of dispute to a satisfactory resolution. If the counsel feels that there is another good mediator who will help to bridge the gap between the parties then she should steer the case toward mediation. Works Cited Lewis, Maltby. Private Justice: Employment Arbitration and Civil Rights, 30 COLUM.HUM.REV.29, 55 (1998) Wax, Robert. Staying Out of Court: Using Alternative Dispute Resolution Can Save Time and Money. Journal (2006) Whittlesey, Dave. Baseball-Style Arbitration: Don’t Strike Out, Broadcasting Cable (Jan. 30, 2006). [1] See Black’s Law Dictionary [2] See Lewis L. Maltby, Private Justice: Employment Arbitration and Civil Rights, 30 COLUM.HUM.REV.29, 55 (1998) [3] Baraza- a meeting of elders aimed at arbitrating a conflict in East Africa. [4] The parties may offer such evidence as is relevant to the dispute and shall produce such evidence as the arbitrator may deem necessary to an understanding and determination of the dispute. Conformity to legal rules of evidence shall not be necessary. [5] See R. Rabin and D. Whittlesey, Baseball-Style Arbitration: Don’t Strike Out, Broadcasting Cable (Jan. 30, 2006). [6] See Wax, Robert. staying Out of   Court: using Alternative Dispute Resolution can Save Time and Money (2006) How to cite Negotiations and Alternate Dispute Mechanism, Essay examples

TL Consulting Limited - Risk Management Case Study Free Sample

Question: Case study James is a project management Consultant at TL Consulting Limited. James is a very principled guy he has high standards and sticks to them, he is always ready to defend someone who has been unfairly maligned and believes in fairness and equity in the workplace. However, sometimes this philosophy gets him in to trouble. A couple of months ago, James believed his manager was bullying another staff member called Ruth who is 20 years old. James came to her aid, helped her to seek assistance from the union and informed management of this bullying situation. It seems that management were aware that this manager had in the past bullied her staff but had chosen to take no action. Although most employees were pleased that James had become involved in Ruths situation, some were not. These staff preferred not to rock the boat and tried to avoid involvement in any potentially confrontational situations. Some members of management were also unhappy with James involvement in what they viewed was a staff issue. They saw James as a troublemaker and believed that in the past James had been overtly critical of management decisions. This management dissatisfaction with James involvement in the Ruth issue led to many emails being sent back and forth between management and James. Of course, James wanted everyone in the company to know what management were up to and always provided a copy of the emails to all employees. This further upset management, but things eventually settled down and work carried on as usual. However, last week James heard about another bullying incident between the same manager and another young new employee. He confronted management about it and they told him to mind his own business. James decided to write to the local newspaper outlining the situation. The letter James sent to the local newspaper was published last Thursday. The management are now aware of the letter and want to take actions. They have hired you as an advisor to help with the current situation. Answers: Case Study 1 Introduction As a project management consultant at organization, named TL Consulting Limited, James works in a hardworking manner to attain higher quality standards and abide by them. Unfair malignancy is always attended and defended by him and he has belief in being fair and workplace equitable. Sometimes, however, this causes a complicated situation for him. Just some months before, James realized that one of his manager was being bullied by another members of the organization younger to him. James decided to blow the whistle and let the top management know about the bullying scenario. It was evident to James that the management knew about this scenario but chose not to react. Even though the employees were proud of this whistleblowing done by James but others were against this. James was seen as a troublemaker as most top management believed this to be a staff issue and James shouldnt get involved here. This led them to believe that in previous situations also, James must have been highly crit ical in taking decisions related to management. Furthermore, another incident of bullying came forward for the organization. James kept everyone in the loop and wanted all the employees to acknowledge what the management was doing. The top management told James to mind his personal business. This made James to the local newspaper about the critical situation. Issues It seems evident from the case study that the top management does not understand the importance of whistleblowing and the harmful effects of bullying practices in the workplace. Bullying is an act by which a person is assaulted merely without a reason either because he or she is new or because he or she is taken to be different from the rest. From the case study, it is evident that the issue lies in the conflict between the management and James who has published an article against the company. James should have further consulted or taken some legal support in order to advocate against the company. Furthermore, it was evident that even though the employees were proud of this whistleblowing done by James but others were against this. James was seen as a troublemaker as most top management believed this to be a staff issue and James shouldnt get involved here. This led them to believe that in previous situations also, James must have been highly critical in taking decisions related to m anagement. Furthermore, another incident of bullying came forward for the organization. James kept everyone in the loop and wanted all the employees to acknowledge what the management was doing. This situation has caused immense damage to the reputation of the organization and its members as well. Also, in this situation the top management also is at fault because they did not appropriately explain James the consequences of such hasty steps. There also does not exist a whistle blower policy at the work place which provides the whistle blower with basic rights and responsibilities to follow. James has taken hasty steps and the management was in conflict with him due to the emergent actions that James was taking. In the case of workplace bullying however, TL consulting Limited is at fault and is also unethical. However, working to improve the situation will resolve the issue. The issue also lies in the fact that is workplace bullying still ongoing at TL consulting? The answer should be yes because not much is done by the company to go against the issue. Solutions As the issues kept piling up, money and time ended up running out. With respect to this, the management team of the organization realized that it had been facing two difficult choices. It could end up winding down in a painful way and disappear in an eventual manner because James has blown the whistle and now the newspaper authorities know of this situation Or, it could be making a strong bet over the situation by proving that no workplace bullying was done and that internally the top management ensured the practice is subsided. The next choice was to work in the presence of security related to stability in the position of finance for the absorption of these mistakes. With respect to this, there had been less scope of error involved in this (Swartz, 2009). The structure of the business organization plays a significant role as well. This choice will be highly dependent on the culture and size of the organization. As the organization is of mid- size, it may not be making sense for sett ing up a different function of risk, there is not much that can be done about it. The risk lies in the reputation of the company at stake. In addition to this, there is a significant need for the involvement of dedicated resources where there is clarity in the objectives set for individual for being executed in the actual setting (Allen, 2003). There must be some authority holding the charge for all of the organization for supporting and ensuring visibility in the entire business organization for getting things done in terms of workplace bullying. The board and team of management should further consider turning up to James and asking him to take such words back. James does require his job in the company and he is well aware that if he might lost it as he has gone against the company. Incidences such as this will keep enhancing day by day and therefore it is a priority for the organization to formulate a workplace bullying policy and whistle blower policy. This should consider creating a focus immediately in order to understand the risks being inherited in the second option as discussed above. This is important to make sure that they all had been in agreement regarding what was required for being done and on which grounds has James made such claims (Dahlquist, 2000). Under various whistle blower laws, the objection has to be made in written but objecting to employers policies breach is commonly not a protected way to blow whistle. Retaliation of employers such as in this situation will make James be fired and this will only cause significant loss to James. From this perspective steps need to be taken by the organization in order to inform regarding its whistle blowing policies and workplace bullying justifications because only this will help the organization to enhance its reputation. According to the research on whistleblowing it has been suggested that there are various conditions which are important for effective management of whistleblowing. The employees first need to be informed of the necessary steps that will be taken to communicate the ethical dilemma arisen internally. Federal government based employees related studies have indicated that exists an important relationship between the knowledge of employees in appropriate channels internally and the perceived wrongdoings reports. Secondly, the employees need to believe that their problems are seriously catered to and that whoever has a problem should first report the incident rather than involving other members of the staff. James should have also been away from the incidences because nothing was done wrongly with him. Thirdly, employees need to be made confident that their individual roles and responsibilities will be maintained so they should keep calm in such scenarios and follow legal guidelines. Furth ermore, according to the studies of whistleblowing employees need to understand that retaliation of management is common and it is better if whistleblowing is done by consulting with the members of the organization. Conclusion Workplace bullying and whistle blowing are both important considerations that the management should consider. With respect to this, the management team of the organization realized that it had been facing two difficult choices. It could end up winding down in a painful way and disappear in an eventual manner because James has blown the whistle on local newspaper or the organization can strengthen its policies to protect against the scenario. The organization had been competing against its own employees and the power to keep or let go off that employee is also with the company only (Lam, 2003). But with an evolution of the technology, these insignificant organizations ended up becoming extremely formidable competitive organizations, and an organization leading the market ended up suffering several competitive erosions. Hence, the organization will be successful in management of this risk by strengthening its work place policies regarding whistleblowing, retaliation and bullying. The b oard and team of management should consider creating a focus immediately in order to understand the risks being inherited in the second option (Mesler, 2004). This is important to make sure that they all had been in agreement regarding what was required for being done. Case Study 2 Introduction The operational activities of an insurance organization having headquarter in Zurich, Switzerland, in United States of America has been having a long tradition to embed management of risk in its culture. This is being done in order to ensure that Enterprise Risk Management contributes in informing all of the aspects related to management of capital and finance (Aven 2008). This has been considered as a significant part of business processes on daily basis. This case study will be analysing the issues faced by the insurance organization of Switzerland in managing their risks in the operations being conducted in United States. Issues The main issue involved in the management of risk at the branch of United States is that there is a significant need for having an iterative process established to evaluate exceptional situations and establishing plans of action for the achievement of compliance. This is due to the fact that there is no possibility for coming up with an individual policy that can be applied in a number of different cases (Stevens, 2009). There is a need for having a group and combined policy that can be applied in a significant manner across the entire organization in United States. However, it has been identified that the most significant issue is involved in having a policy of one- size- fits- all. Thus, there is a need for policy in order to deal with certain exceptional situations as one- offs for making sure that adequate factors are being considered in a significant manner. When there is an involvement of an exceptional situation in the management of risk, it has to be considered and revisited on regular basis (Mesman 2008). As there are changes in the environment of operations and the area of market, the revision of policy for management of risk must be done in accordance with this. However, this agreements should be made in accordance with the committee of risk related to the board. The organization at United States should consider developing their structure of governance in a well manner for successfully managing the risks at the enterprise. The team at headquarter of Switzerland must consider making a move to support the business units spread across the United States in order to maintain success (Bergstedt 2008). There is a significant need for the reinforcement of culture at the organization in United States. Even though the staff of sales had been aware about the rise of threat in the context of new technology after considering the views customers who had been considering the transition of the new technology. There was diluting of the message and this ended up chang ing as it increased in organization in a significant manner. Worse for the scenario, as the products had been the leaders in the market traditionally, the organization did not need the input in the staff of sale. Thus, this overlooked the well- developed loop in the feedback from the team of sales with respect to the emergence of competitors. As there had been a decline in the amount of sales, the absence of accountability with accountability resulted in prompting a number of questions (Aven 2008). Was it the problem in the force of sales as they failed in the management of relationships? Was it the team of marketing to fail in keeping the boost of share? Or was there a default in the development and research in order to fail in anticipation of the newly involved technology? In total, the process for the management of risk in the organization was extremely piecemeal for being effective in a significant manner. There was a need for a system in order to manage risks at the enterprise that held the capability of managing the capital in a significant manner. The main focus of the system had not been intact for the protection of the capital base at the organization. There was instability in the finance due to the lack of capability in order to deliver effectiveness and efficiency in the services being provided (AZ/NZS 2004). There had been less objectivity in the process and there was a need for being analytical but contributed in the incorporation of specific considerations of quality. Solutions Considering the approach of governance, the organization must consider aligning it with the management strategies of the business that will contribute in the reinforcement of culture. This should be done by the defence model having three lines. The three lines of this model are as follows (Stevens, 2009): 1. The initial line in this particular model is the management of business that include the decisions being taken by the people on daily basis in the business such as the decisions to underwrite 2. The next line is management of risk and compliance. Compliance is known to be looking at the concerns of regulation that is to play in accordance with the rules in a number of different nations, provinces and states in which activities of business are being conducted 3. The last line is referred to as the independent function for conducting internal audit As a significant solution, the organization must consider availing support from the top- most level. It is crucially relevant that majority of the levels in the organization should be supporting and communicating the program for management of risk in the enterprise. If leadership is not considered by the organization to support the process and to actively engage within the process, they will not be going ahead for thinking it is relevant. There are a number of other organizations that fail in management of risk within the enterprise as they take decisions for implementation of program in the management of risk in enterprise (Mesman 2008). The CEO must consider assigning responsibilities to the CFO who will be assigning it to the Cashier who will then be considering the risks involved in finance. There is a cycle of life involved for the implementation of these programs. For ensuring that support is achieved from the top- most level, it can be considered as a strong point for getting started. The team at headquarter of Switzerland must consider making a move to support the business units spread across the United States in order to maintain success. There is a significant need for the reinforcement of culture at the organization in United States (Bartram 2005). The structure of the business organization plays a significant role as well. This choice will be highly dependent on the culture and size of the organization. As the organization is of mid- size, it may not be making sense for setting up a different function of risk, there is not much that can be done about it. In addition to this, there is a significant need for the involvement of dedicated resources where there is clarity in the objectives set for individual for being executed in the actual setting (SVGW 2003). There must be some authority holding the charge for all of the organization for supporting and ensuring visibility in the entire business organization for getting things done. In addition to this, it is important to note that there is a need for using the capital of risk in an appropriate manner that contributes in satisfying the needs and requirements of the organization. This will help the organization in improving its system for management of risk. The final step is to se t up a process of governance that contributes in explicitly recognizing the risks. There should be an involvement of committees for dealing with the risks at all of the significant levels in the entire business organization. There must be clarity in the responsibilities and processes in order to engage with risks involved in the organization of business (Niewersch 2010). People should be having an understanding as to what they should expect from the area of risk. There is a significant need for maintaining robustness in the policy of risk being adopted and must be considered and modified on regular basis. Facing the issues mentioned above, the team of management considered the development of an understanding related to the risks and how there was a close interrelation, and developing intelligence regarding the risk in the organization on the basis of experience in knowledge about the industry, risks involved, and business in relation with these types of risks. The team of management also started looking at the strategic goals and evaluating the threats, how these threats are related to the risks that had been identified, and what was the level of tolerance with respect to these types of risks (Paprnk 2008). Conclusion There is a need for having a group and combined policy that can be applied in a significant manner across the entire organization in United States. As there are changes in the environment of operations and the area of market, the revision of policy for management of risk must be done in accordance with this. However, this agreements should be made in accordance with the committee of risk related to the board. The organization at United States should consider developing their structure of governance in a well manner for successfully managing the risks at the enterprise with better success (Bergstedt 2008). If leadership is not considered by the organization to support the process and to actively engage within the process, they will not be going ahead for thinking it is relevant. References Aven T. (2008). Risk analysis: assessing uncertainties beyond expected values and probabilities, John Wiley Sons, Ltd. AZ/NZS (2004). Hanbook: Risk Management Guidelines - Companion to AS/NZS 4360:2004, Standards Australia/Standards New Zealand. Stevens, M. (2009). Water safety plan manual: step-by-step risk management for drinking-water suppliers, World Health Organization, Geneva. Mesman G. (2008). Risk assessment case study Amsterdam, The Netherlands, Report no. D 4.1.5c, TECHNEAU. Bartram J. (2005). Water Safety Plans. Managing drinking-water quality from catchment to consumer. (WHO/SDE/WSH/05.06). WHO, Geneva. SVGW (2003). Recommendations for a simple quality assurance system for water supplies (WQS). Regulation W 1002e. Schweizerischer Verein des Gas- und Wasserfaches SVGW, Zrich. Niewersch C. (2010). Methods for analysing risks of drinking water systems from source to tap, Deliverable no. D 4.2.4, TECHNEAU. Paprnk V. (2008). Risk assessment case study Beznice, Czech Republic, Report no. D 4.1.5e, TECHNEAU. Bergstedt O. (2008). Risk assessment case study Gteborg, Sweden, Report no. D 4.1.5a, TECHNEAU. Rstum J. (2007). Generic framework and methods for integrated risk management in water safety plans, Deliverable no. D 4.1.3, D 4.2.1, D 4.2.2, D 4.2.3, TECHNEAU. Eikebrokk B. (2009). Risk assessment case study Bergen, Norway, Report no. D 4.1.5b, TECHNEAU. Ball T. (2008). Risk assessment case study FreiburgEbnet, Germany, Report no. D 4.1.5d, TECHNEAU. Techneau (2005). Technology enabled universal access to safe water: Annex I - "Description of Work", Proposal/Contract no. 018320-02. WHO (2008). Guidelines for drinking-water quality [electronic resource]: Incorporating first and second addenda, Vol. 1, Recommendations, 3 ed., World Health Organization, Geneva. Swartz C. (2009). Risk assessment case study Upper Mnyameni, South Africa, Report no. D 4.1.5f, TECHNEAU. Allen, S.L., (2003) Financial Risk Management: A Practitioners Guide to Managing Market and Credit Risk, (Hoboken, New Jersey: Wiley). Bank of International Settlements, (2005), Quarterly Review, (Basle, Switzerland: BIS) (September). Dahlquist, M. (2000). The Forward Premium Puzzle: Different Tales from Developed and Emerging Economies, Journal of International Economics, Vol. 51 (June), pp 115144. Walker, P.L. (2002). Making Enterprise Risk Management Pay Off: How Leading Companies Implement Risk Management, (Brookfield, Connecticut: Fei Research Foundation). Wystup, J. (2002). Foreign Exchange Risk: Models, Instruments, and Strategies, (London: Risk Publications). Holton, G.A., (2003). Value-at-Risk: Theory and Practice, (San Diego, California: Academic Press). Lam, J., (2003). Enterprise Risk Management: From Incentives to Controls, (Hoboken, New Jersey: Wiley). Mesler, K. (2004). Advanced Financial Risk Management: Tools and Techniques for Integrated Credit Risk and Interest Rate Risk Management, (Hoboken, New Jersey: Wiley