Poverty and Children in the United States Essay Example for Free

Poverty and Children in the United States Essay Poverty is the classification of people that fall under a certain income bracket set by the government. Poverty is broken down in to two groups relative and absolute. Relative poverty is in relation to some people have more where as absolute poverty is considered life-threatening. Poverty affects people of age, race and ethnicity, and gender and family patterns. Each group that is affected typically carries the pattern from one generation the next generation making the social status difficult to change (Macionis, 2006). Although poverty can affect many different types of people those most affected by poverty are the children and women which make up 55 percent of the poor population. There continues to be blame on why people are poor and why they cannot change their lives to do better. Some people believe that it is an endless battle and once poor always poor and it is too difficult to change living situations. Poverty affects children in many ways health, food, shelter, education and exposure to violence. The cause of poverty to children is directly related to poverty in women. The beliefs of the causes of poverty according to the Encyclopedia of Women and Gender (2001), â€Å"Individualistic beliefs focus on personality attributes. These beliefs include irresponsibility, lack of discipline and effort, or lower ability and talent. Structuralistic beliefs incorporate the larger socioeconomic system such as low wages for some jobs, poor schools, prejudice, discrimination, and job availability. Fatalistic beliefs as to the reasons for a persons poverty status focus on such things as bad luck, chance, and fate.† Most poverty that affects women are those that are single mothers although these women worked they made too much for public  assistance but not enough to be able to take care of themselves and their children with proper housing, food, clothing and health care. The lack of health care directly relates to the health of children. When a mother cannot afford health care for herself during pregnancy, health issues are passed to the child. The child is then born with health issues that will continue to go untreated due to lack of health care. The single mother that makes too much to qualify for public assi stance, does not make enough to purchase medical coverage for herself and her family (Encyclopedia of Women and Gender (2001). In 1996, policies to the welfare system were changed greatly. Agencies could cut assistance to families without notice. Only women with a child under that age of one were able to get assistance without much red tape. Most states allowed people to be on assistance for a maximum of two years. There were programs designed to help women get jobs and off welfare but federal minimum wage is not enough to support a family. Without welfare assistance women and their children fall back into poverty (Encyclopedia of Women and Gender (2001). According to Duncan, G., Yeung, W., Brooks-Gunn, J., and Smith, J. (1998), there are many factors the most significant is the relation to the paternal social economic status and how it effects to the child’s and adults achievements. Most that is in a poor social status tend to be poorly educated and have children out of marriage which add an extra strain to the families which can result in physical harm to the child. Adults with children that struggle to feed, clothe and house their children are easily stressed and at times react in extreme punishment to the children blaming the child for the situation that the family is currently in. Once children are exposed to domestic violence and violence upon themselves then the cycle usually cont inues from generation to generation. Not being able to break the cycle can be a factor of poor education. Poor education is part of living in poor cities urban and rural. Families that are poor are only accepted by those that are like them, poor. So families that are in these communities seem to be stuck in the social status and cycle. Not knowing how to get out or afraid to get out of that status. If that status is something a person has always known some will not think anything different than that status being a normal way of life. According to Fantuzzo, J., Fusco, R., Mohr, W., Perry, M. (2007), during violence witnessed by children the perpetrators were more likely to be  arrested then times when children were not present. The police officers were concern that it was of great importance to send a message the violence is wrong. When it comes to domestic violence children are likely to have serious issue with development. These children tend to be more withdrawn from others and have poor social skills. There are many agencies that help assist the children in cases where the children are in danger from others. Such agencies are child protected services (CPS). Services such as CPS assist in placing child in home that will help to protect them from violence and neglect. With all of the research that has been done on how violence affects children in poverty there is no accuracy to the full impact of violence and children. According to Koch (2000), â€Å"The child poverty rate has declined slowly since 1993, and the rate of black child poverty is the lowest in history. But 13.5 million American children still live in poverty the highest rate of any industrialized country. Conservatives attribute the decline to welfare reform, which forced millions of single welfare mothers to go to work. But child advocates like the Childrens Defense Fund say that progress in reducing child poverty has slowed markedly and that cuts in social service programs made the poorest families poorer.† Today the rich still get richer and it seems that the poor continue to get poorer and the children of these poor families are the ones that are suffering the most. Most of the child poverty is in inner cities (urban areas). Families move to urban areas for better opportunities for themselves and their families but it has not improved these families quality of life. These families want to give their children a better chance to succeed by moving to these urban areas but that idea seems to be failing. Some will say that these families suffer from being dependent on welfare dependency but in truth these child suffer because wages are to low and housing is too high for their par ents to be able to make ends meet and try to get ahead of the system. With welfare assistance these children would not have food to eat and medical care. Welfare assistance assists the parents to help provide for the child when their financial income does not adequately provide for the child (Koch, 2000). The United States is supposed to have the most wealth but with that wealth the United States also has the highest child poverty as illustrated in the above chart (Koch, 2000). Most families that fall in to the poverty level make minimum wage jobs and will never be able  to get out of the poverty level. With these families they are usually poor educated which greatly impacts their earnings. Since some families work more than one job to try to make ends meet there is not time to try to better educate them. The children of these families learn from example and will continue to develop the habits of their parents. Working low paying jobs to provide food, clothing and shelter from their children will continue to be the pattern and education will be far down on the list (Koch, 2000). There has been some change to welfare reform law called Charitable Choice, this changes has made it easier for the government to be able to contract religious groups to provide social services to the poor. Many programs have come from this reform like Big Brothers/Big Sisters which is a mentoring program that helps children see a different way of life and have a positive role model to help encourage these poor children to stay in school, go to college and understand that though they may come from poor families does not mean that they have to continue in the path of their parents. These programs help children to gain confidence in the child. These programs also cut first time drug use by half and violent acts by a third. Although faith based organizations cannot replace the government programs faith based organization over lap government programs by 75 percent which include medical aid, housing, help pay bills for heating and water and educational programs to help those get back on their feet to help better provide for their families (Koch, 2000). Poverty affects everyone not just the people living in poverty. The group that is most affected by poverty is the child. Without proper care and basic needs taken care of these children of poverty will become ill and some of these children die. These children have poor education and many do not stay in school to get there high school diploma. The children of poverty usually drop out of school to help provide for those that are in the home assisting their parents in paying the bills and providing food. These jobs are once again low paying jobs and the cycle continues. Without proper education the pattern will never end, with government assistance and faith based organizations to help these families and mentor their children will help for these children to get out of the poor status and has a chance to get off government assistance in the future. Everyone needs to be aware that although the United States is considered a wealthy country, there is poverty in the United States and the people need  to work together to break the cycle and make sure that the child are taken care of, so they can live a productive, healthy and happy life. References Duncan, G., Yeung, W., Brooks-Gunn, J., Smith, J. (1998). How much does childhood poverty affect the life chances of children? American Sociological Review, 63(3), 406-423. Retrieved April 4, 2010, from ABI/INFORM Complete. (Document ID: 30936057). Fantuzzo, J., Fusco, R., Mohr, W., Perry, M. (2007). Domestic Violence and Children’s Presence: A Population-based Study of Law Enforcement Surveillance of Domestic Violence. Journal of Family Violence, 22(6), 331-340. doi:10.1007/s10896-007-9080-4. Koch, K. (2000, April 7). Child poverty. CQ Researcher, 10, 281-304. Retrieved April 4, 2010, from CQ Researcher Online, http://library.cqpress.com/cqresearcher/cqresrre2000040700. Macionis, J.J. (2006) Society: The Basics Eighth Edition, Published by Prentice-Hall Poverty and Women in the United States. (2001). In Encyclopedia of Women and Gender: Sex Similarities and Differences and the Impact of Society on Gender. Retrieved from http://www.credoreference.com/entry/estwomen/poverty_and_women_in_the_united_stat es

Integrated Marketing Communication (IMC) Plan at Restaurant

Integrated Marketing Communication (IMC) Plan at Restaurant INTEGRATED MARKETING COMMUNICATION (IMC) PLAN Integrated Marketing Communication first germinated in 1980 when many companies came to realize the need for a strategic integration of their promotional tools, instead of keeping them in separate silos. Integrated Marketing Communication is a common-sense approach of looking at communication tool- not as isolated elements that communicate different things to a consumer but as inter-related parts that are jointly go to solving communications problems. IMC includes the various tools like, advertising, personal selling, sales promotion, direct marketing, events, internet etc. IMPOTANCE OF INTEGRATED MARKETING COMMUNICATION (IMC): It helps the firm or company to cope up with the changes occurs in the market. It helps to improves internal and external communication. It helps to know the customer demands that what type of product is needs to be devoted in what area? It helps company to achieve its objective, vision and mission. It increases the productivity of the organization because management is more focused through it on its competitors. It helps to build teamwork, commitment, esprit de corps and share-of-mind. Encourages consideration of new marketing tactics and media. Abstract on Restaurant Industry The financial rewards and the personal satisfaction associated with having ones own business can be considerable. When the business is one with a high level of social interaction, such as a restaurant, there are personal rewards that move beyond the financial satisfaction that may result. The paper explains that a successful restaurant becomes a part of the community that it serves and can become a focal point of that community. This makes the restaurant business very different from other types of businesses and adds to the personal satisfaction that the owner receives. The paper shows, however, that restaurants also have traditionally low operating margins and are one of the riskier businesses that can be developed. Now for my term paper on the topic Restaurant, I had taken a hypothetical example of company named Reliance. It is assumed that Reliance, One of the biggest conglomerate is entering into the restaurant business in a big way (initially into India). So here is the marketing plan that how the company plans to establish itself into the restaurant industry. For initiating the idea into practical shape, The company had broadly had formulated its stretegy on the basis of time horizon i.e short and long tem. A brief of that is highlighted below: Short Term In the initial phase the company plans to enter in to this business with with opening of the restaurants in 4 metros cities of India i.e Delhi, Ahmadabad, Mumbai and Chennai. Long Term In its long term objective the company plans to come up with a public issue to facilitate finance to establish its restaurants into various important cities and region of India and along with can expand into the foreign countries. Company profile: Reliance The Reliance Group, founded by Dhirubhai H. Ambani (1932-2002), is Indias largest private sector enterprise, with businesses in the energy and materials value chain. Groups annual revenues are in excess of US$ 28 billion. The flagship company, Reliance Industries Limited, is a Fortune Global 500 company and is the largest private sector company in India. Backward vertical integration has been the cornerstone of the evolution and growth of Reliance. Starting with textiles in the late seventies, Reliance pursued a strategy of backward vertical integration in polyester, fibre intermediates, plastics, petrochemicals, petroleum refining and oil and gas exploration and production to be fully integrated along the materials and energy value chain. The Groups activities span exploration and production of oil and gas, petroleum refining and marketing, petrochemicals (polyester, fibre intermediates, plastics and chemicals), textiles, retail and special economic zones. Reliance enjoys global leadership in its businesses, being the largest polyester yarn and fibre producer in the world and among the top five to ten producers in the world in major petrochemical products. Every product before its launching has to make an IMC plan. The IMC planning process begin with a review of the marketing plan. A marketing plan is a written document that details the marketing objectives, strategies and tactics for an organization, product or brand, and guides the marketing efforts. THE IMC PLAN for Reliance Restaurant Situational Analysis: All marketing plan begins with a situational analysis, an assessment of the internal and external environmental factors are to be analyzed which affects the product, brand or organization. There are different points which come under it on the basis of which we will analysis our situation in the market. SWOT ANALYSIS STRENGTH: Brand image:-The main strength of that we can rely upon is the brand awareness of Reliance. No one in the market need to be introduced about the credibility and reliability of this company. It will become easy and boost our new diversified restaurant business. Strategy:-At the initial stage, the company plans to establish their restaurants in four metro cities of India and slowly will penetrate in to other regions and even in the foreign countries too. Customer Service: The company is very particular about the services to be offered to their customers as it is indispensible requirement for restaurant business to grow. WEAKNESS: Dynamic nature of customer: One of the important weakness for the resturant is the prediction of the nature,taste and prefrences of the customer is very difficult. Demographic changes: The another weakness is the demographic factor. The tradition changes and so as the prfrences for the food as we move from place to place OPPORTUNITIES: Potential: There is still huge untapped market in this business and really provide a potential to grow your business. THREATS Competitor: There are lots of excellent players already positioned themselves successfully like Barista, Mc Donalds, KFC. Etc., These will pose a tough competition for Reliance to enter into this business. The Competitive Situation: The restaurant industry is not an easy business to enter into because there are lots of excellent players already positioned themselves successfully but reliance as an excellent brand can really add up its value in this business. The various competitors in this business are highlighted below: Mc Donalds Burger King KFC Pizza Hut Coffee Cafà © Day (CCD) Barista The Promotion Situation: As the company already enjoys an excellent brand name, So this will prosper the marketing initiatives taken to promote its restaurant business. The company will be planning to promote heavily through through television, newspapers, magazines etc. Marketing Objectives: The main objectives of Reliance Restaurants are: To make the companys presence in the Restaurant industry. To look for diversification. To provide excellent facility to the customers and promotes companys goodwill. Customer satisfaction by providing food as per their region and tradition. Excellent service facility. Marketing Strategy: The company will initially be looking to open up their restaurants in the metro cities and then will look to diversify into other cities which is something as per the long term strategy. The marketing communication plan originates from the marketing plan and an integral part of the latter. The IMC objectives are laid down so as to fulfill marketing goals. In the IMC plan we select the right communication tools, integrate them, plans accompanying media and messages, and also allocates the communication budget to various tools. Following are the steps involved in the IMC planning process to be undertaken for Reliance Restaurant: Situational analysis: Like the marketing plan, in this we will also analyses the promotional situation. Following are the some common areas of analysis: Past promotional situation: There are already various competitors in existence in the restaurant industry ( mentioned above). So can analyze the various type of strategies followed by them to position themselves. This will basically involve analyzing the competitors strategy. Product situation: Barista, Coffee cafà © Day, KFC, Mc Donalds etc. are well established players in the restaurant industry and are implementing good strategies to phase out cut throat competition. If we take an example of KFC in India that how they changed their strategy in India to include vegetarian food in their menu as they earlier just served non-vegetarian food. Audience situation: Although there are many companies in this sector but still there is huge untapped market as the statistics depicts that most of the income being spent by the people on India is on food only. Competitive situation: As disclosed above about the extent of competition and had mentioned the various potential players in this industry. So had to analyze it fully. Determine the communication objective: Target Audience General high class people Business Class People Marketing Objectives Make the companys presence felt in the restaurant sector. Attract the business class people Media Strategy The main idea behind all of the integrated marketing communications and media strategy will be to deliver the message to the customers. Although the company has tremendous brand value but still it needs some efforts to make people aware about reliance entering into restaurant industry. Media Objective Use sponsorships as well as highly visual print and television advertisement To build a great image of the product this has a good brand image. Timing 12 month campaign commencing December 10th, 2010 Continually recycling and adapting to evaluation results over the next 1 years To change its strategy between the particular time periods so that customers get new things and new changes, the main purpose is also not to bore the person with same services. Advertising and communication tools Print ads in magazines Print is one of the oldest and the most highly regarded media of advertising and also a very challenging one. Executing a creative idea in the medium calls for various skills- creative writing, visualization, designing etc. The main idea behind the print ad is to attract the customer and provide them best knowledge. TV Advertisements While to plan a TV Advertisement, we should clear somethings which are very important for it: Brand itself The restaurants will be associated by the companys brand name i.e Reliance Restaurants. Big Idea The big idea can be initiated by associating a famous celebrity like Shahrukh Khan to promote our restaurants. Strategy Providing excellent support network to attract the customers like by initiating the online method of providing services and also providing thebest catering services to the customers. Tagline The tagline adopted for the resultants is Big Meal Time Newspaper advertising The advertisement can be initiated in the newspaper as it results in wide and effective coverage. Billboards The billboards is regarded as the modern source of advertisement in which the electric boards are displayed on the road side. So it looks to be an innovative idea to display the billboards in the cities where the resurants are established. Events: The advertisement can be done through events. It is regarded as most innovative and a creative kind of advertisement which generally produces results and promotes mass awareness. Direct marketing tools It is strongly recommended that nature fresh must an effective web presence in this interactive world .To promote the entire site, an online marketing program must be launched. A comprehensive, highly targeted group of destination web sites must be chosen for the program. The web site should be registered with yahoo search portal. And a number of tactical elements will help drive online awareness and inquiries into the program including: Online webinars Online newsletters Search engine registration Web site links Content marketing and licensing Opt-in email Specialized promotions and partnerships Evaluation of the Planned IMC Evaluation of an IMC plan is not easy because often communications effects are difficult to measure. At times they may not even have a direct impact on sales or profitability; effects may be delayed, etc. Therefore it is important to set the objective or standards for measuring performance in specific, measurable terms to make the evaluation possible. After doing all these now its time to evaluate the performance, the performance is satisfactory as we had imagined because its quit difficult to enter into the resturant market and establish yourself as there are already huge potential marketers in existence like Mc Donalds, KFC, and Barista etc., but still we had developed a very good strategy of firstly establish ourselves into the metro cities and accordingly will penetrate into other cities and then globally. Manager has to measure the actual performance either through consumer surveys or sales figure. Monitoring of the revenues generated on weekly basis. A general market research can be undertaken to generate the public views. Manager got to know these outcomes by comparing actual performance with set standards of new product. These steps also helped out to take further decision or plans. References www.relianceadagroup.com Book: Shah Kruti and DSouza Alan,Advertising Promotions an IMC Perspective, published by Tata Mcgraw Hil.

The Concepts Of Alternative Dispute Resolution Law Essay

The Concepts Of Alternative Dispute Resolution Law Essay The coursework question is relates with the concept of Alternative dispute resolution. This coursework question is also linked with relationship between ADR, CPR 1998 and EU Directive regarding the matter of Mediation. The comment of Lord Rodger of Earlsferry is a significant part of this coursework. In my coursework I will chronologically discuss the History of ADR, its relationship with Civil Procedure Rules(thereafter CPR), Its implementation in the Courts, Judges attitude on various cases and its impact on European Court of Human Rights (thereafter ECHR) especially in the Art-6. Present situation in legal area and possible probabilities in the future. Alternative dispute resolution (thereafter ADR) is a way of trying to melt civil dispute. The concept of ADR arose mainly from a negative cause such as, dissatisfaction with the delays, costs and inadequacies of litigation process. It is the process of resolving disputes in place of litigation. The most common classification is to describe ADR as a structured dispute resolution process with third party intervention which does not impose a legally binding outcome on the parties.  [1]  It is one kind of facilitated settlement, which is confidential and without prejudice. So the materials of the process need not usually be disclosed to a court  [2]  . The simplest forms of ADR to understand are mediation and conciliation. Some important providers of ADR include arbitration within the ambit of ADR since it is an alternative to litigation in the courts. Others would exclude arbitration on the basis that it is a legal process, the outcome of which is binding. Parties to a dispute have always been able to refer their dispute to arbitration which is a far older and more formal means of dispute resolution than either mediation or conciliation.  [3]   In the 1970s the concept of modern development of ADR established in the United States because of high cost and long delays of litigating business disputes. ADR was playing an increasingly useful part in the commercial area to dissolve some disadvantages of highly expensive and strict adversarial system. In late 1990s the civil justice system in England and Wales go through a massive revolution. Especially Lord Woolf creates a significant impact regarding the matter of ADR in his enormous report, Access to Justice. His view implemented in a amazingly short time by the civil procedure rules 1998 and the Access to justice Act 1999. These changes introduce a new dimension in the culture of litigation. There are different types of ADR used in commercial disputes such as, Arbitration, Conciliation, Mediation, Ombudsmen etc. Arbitration, Conciliation and Mediation is the most famous procedure from all of them. Arbitration has the force of law and generally an arbitrators decision called an award which can be enforced in the courts just as a judgment of the court.  [4]  Section 1 of Arbitration Act 1996 introduced some specific rules and regulations regarding this process such as impartial tribunal, un-necessary delay and expenses.  [5]  Conciliation is quite parallel with the concept of mediation. In that process conciliators offer in return not to try the case but this is rarely taken up. The process is mandatory in Switzerland. Mediation is the most famous and accepted method of ADR in England and Wales. It is quick, non-binding, without prejudice and confidential. In that process a mediator acts as a go-between to dissolve the dispute and wants to make a settlement. The mediator must be a neutral party. Mediation is about much more than just assisted without prejudice negotiations but confidentiality and privilege are the very cornerstones of the success of mediation. Parties to mediation need to be sure that what they say in mediation and documents produced for the mediation will not become public knowledge or become evidence in proceedings, whether litigation, arbitration or adjudication.  [6]  There are varieties of reason to choosing mediation over other ways of dispute resolution such as; A less expensive route to follow for dissolves the dispute. It offers a confidential process. It offers multiple and flexible possibilities for resolving a dispute This process consists of a mutual endeavour. It takes place with the aid of a mediator who is a neutral third party. If we analyse the whole process of ADR then we will find that the most significant criteria of this process is the term Confidentiality. This term significantly increase the parties interest regarding the matter of ADR. Confidentiality is integral to the relationship between the mediator and the parties are one of the four fundamental and universal characteristics of mediation. It is the cornerstone of the relationship of trust and that must exist between the mediator and the parties. It is crucial to the voluntariness of participation of the parties and to the impartiality of the mediator. The parties must not feel that they might be disadvantaged by any disclosure that may be used in legal proceedings or in any other way  [7]  In the coursework Question the statement is relates with the matter of mediation. Now i will discuss about mediation and its relationship with CPR 1998, cases and judgement of the courts and the impact of EU Directive. There was no defined overriding objective for civil justice when ADR orders were devised by the commercial court judges. CPR pt 1 has now identified ADR as one of the courts tools of active case management available to achieve that objective.  [8]  Lord Woolf provides significant impact on ADR especially on mediation on his reforms proposal. His aim was given prominent status in the courts new case management powers. Especially in , CPR 1.4 There are some important rules incorporated in the CPR1998 regarding the matter of Mediation or other form of dispute resolution such as, r-1.1(2), 1.3, 1.4, 3.1(2)(m), 26.4(1), 44 etc Rules-1.1(2) provides that mater must be dealing with justly manner if it is practicable. There are some element has to be consider in this part such as, parties must be in equal footing, saving expenses, matters must be dealings proportionately, matter must be deal with expeditiously and fairly.  [9]  Rules-1.3 provides that parties are required to help the court to further the overriding objective. It also provides general duty of the parties.  [10]  Rules-1.4 provides about courts duty towards the parties where stated that court must further the overriding objective by actively managing cases which includes encouraging the parties to co-operate each other, identify the issues in early stage, helping the parties to settle the whole or part of case.  [11]  Rules 3.1(2)(m) stated about general powers of management of the courts where court can take any step to uphold and furthering the overriding objective.  [12]  Rules-26.4(1) stated that parties can request for stay ed. Court can grant their request if they think appropriate.  [13]  Rules-44 provides general rules about the costs of the procedure such as; cost are payable by one party to another, amount of those cost, when to be paid etc. In r-44.3(2)(a)where stated that unsuccessful party will be ordered to pay the costs of the successful party but court can make different order.  [14]   The significant impact of CPR 1998 regarding the matter of dispute resolution could be found in some cases. In the case of Dyson Field exors of Lawrence Twohey deed vs Leeds City Council,  [15]  Ward LJ stated that matter relates with overriding objective of the CPR and courts duty to manage cases according to rule 1.4 of CPR. He also stated court should encourage the parties. In the case of R vs Plymouth City Council  [16]  , where Lord Woolf has given more emphasize on CPR and he also suggested that mediation should get the priority over the litigation. So we can say that modern CPR rules create a significant impact on the matter of dispute resolution. Judges always give emphasize on the matter of ADR in order to save the cost and time. Courts also began to give warnings and issue advice at the conclusion of cases that parties should seriously consider ADR or run the risk of costs penalty. Now i will discuss some relevant cases and judgement which will provide the legal approaches regarding the matter of mediation In the case of Dyson Field vs Leeds city Council  [17]  , Lord Woolf was a member of the CA. The matter was related with mediation where Ward LJ said that court should encourage the parties to use ADR to dissolve their matter and it also should be sooner rather than later. There is another important case which is Cowl vs Plymouth City Council  [18]  , Lord Woolf has given a lead judgement regarding commercial court ADR order. He delivered powerful comment on both parties failure to use an available ADR process and the delay and cost of violently contested of judicial review proceedings. He also stated that if the parties dont go for the mediation then it would be wastage of public money. There are case Hurst vs Leeming  [19]  , where Lightman J. Stated that alternative dispute resolution is at the heart of todays civil justice system although mediation is not in law mandatory but its a significant and attractive aspect of civil justice system. There is another landmark case Dunnett vs Railtrack  [20]  , case regarding the matter of penalty impose for not taking mediation. Mrs Dennett lost her horse because contractors cant padlock the gate. She sued for compensation but lost in the county court because her lawyer wrongly framed the case. She appealed in person and she gets the permission to appeal. Schiemann LJ suggested for mediation but the Realtrack rejected this offer despite the fact that CA offered a free mediation scheme. CA expressed regret about this. They considered whether Realtrack had made Pt 36 offers. Mrs Dennett was unsuccessful. Then Railtrack asked for their costs but CA made a separate judgement on this cost issue. CA held that Railtrack co uldnt recover their cost because they had refused to participate in ADR. So judgement of Railtrack case gets lots of controversy because the party faced adverse cost consequences, even they win the trial. Despite this case mediation is not mandatory or nor it should be because part of the mediation process is that the parties should want to come voluntarily in the process. If mediation becomes mandatory then there is a great chance to lose it significant aspect. In the recent case cost sanction issue raised once again in Halsey v Milton; Steel v Joy (joint Appeal)  [21]  ,in this case the actual fact was if any party ignoring to mediate the dispute which was requested by an inter-party then cost sanctions should be imposed or not. Dyson L.J held the court cannot require a party to proceed to mediation against his will as this would contravene art.6 of the European Convention on Human Rights. The court did however; confirm that costs consequences could follow from unreasonable failures to mediate.  [22]  But it was not clear whether the court take this point because this point was submitted in the last minute. On 21 May 2008, the Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters was adopted. Article 1 state the aim of the directive is to facilitate access to alternative dispute resolution and to promote the amicable settlement of disputes by encouraging the use of mediation and by ensuring a balanced relationship between mediation and judicial proceedings.Article: 3 of the EU directive provide the definition of mediation as a structured process whereby two or more parties to a dispute attempt by themselves, on a voluntary basis, to reach an agreement on the settlement on their dispute with the assistance of a mediator. Article: 5 of the EU directive provide discretionary power to courts to invite the parties to use mediation to settle their dispute. Article: 6 of the EU directive states that a written mediation settlement may be declare enforceable if all the parties agree to the process. Article: 7 of the EU directive provide reasonable support regarding the matter of guaranteeing the Confidentiality of the mediation process. The Directives basically suggested the state parties to make the laws to encourage the parties to do mediation by the court, not by compulsion. The directive states, the directive applies to civil and commercial matters, and is intended to promote mediation, and ensure a sound relationship between mediation and judicial proceedings.  [23]  EU Parliament and council agreed the Directive to encourage the use of mediation because its a quicker procedure to a civil litigation and cost effective for cross-border commercial disputes. According to the coursework question now this essay will justify the statement which is provided by Lord Rodger of Earlsferry regarding the matter of mediation. Obliging parties to engage in some form of mediation whether as a pre-condition to going to court or as a result of compulsion by the court, seems to berather contrary to the spirit of the guarantee in Article 6 of the European convention for the protection human Rights  [24]   In that above statement he has given more emphasize on present situation of mediation and its application on the Art 6 of ECHR. According to that statement present mediation procedure is quite contrary with the concept of Right to a fair trial. ECHR adopted into English Law from 2 October 2000 as a result of the HRA 1998. Art 6 of ECHR is quite interlinking with ADR. Now the main issue is whether the present procedure of mediation is violating the Art 6 of ECHR or not. Tthe statement of Lord Rodger of Earlsferry is not quite relevant with the present situation of mediation. There are present some reason behind this. Mediation is not a mandatory procedure in our legal system but it has got a special significant aspect after the Woolf reforms 1998. Mediation agreement often specifically state that, The referral of the dispute to mediation does not affect any rights that may exist under Art 6 of ECHR. If the dispute is not settled by the mediation, the parties rights to a fair trial remain unaffected. It is true that EU court encourages parties to settle disputes extra-judicially because it will save cost, time, delay etc. In the matter of mediation court can intervene in the process to protect the right to trial such as; if there is any undue pressure upon a party into a non-judicial process. In the case of Deweer v Belgium  [25]  , the matter related with the debate about whether mandating mediation is permissible or not. Deweer could avoid such proceedings by paying a friendly settlement. He chooses settlement but reserved his right to challenge the proceedings. Then he initiated a challenge regarding the matter of Art 6 of ECHR. Deweer held to have waived his right to go to court only by reason of restraint which vitiate d his consent to paying the friendly settlement.  [26]   In process of mediation, no one is restrained to settle. Participation is entirely voluntary; any hidden matter of the parties or procedure cant later be discussed before a trial or elsewhere because of confidentiality. No one ever enters the process on the basis that they must settle or if they dont that then cant seek remedy from public court. Mediation is not like the status as arbitration because it totally depends on the parties will. In McVicar vs UK  [27]  , EU court has held that Art 6 is not infringed by restraint court access to vexatious litigants, bankrupts, mental patients. In CPR1998 there is lots of provision which should be maintained by the parties before going to any public trial. Before proceeding parties must fulfil some pre-action protocols and practice direction then party must pay court fees at several stages. Parties also need to fulfil other procedural requirement such as; allocation questionnaires, statement of case, disclosure and evidence. In R vs Lord Chancellor exparte witham  [28]  . The matter regarded breach of Art 6 because of withdrawal of court fees exemption scheme for those on income support. So if anyone doesnt follow those procedures regarding CPR they will be liable and they may get punishment or imprisonment. So it seems that these CPR requirement doing breaches Art 6 because parties have to maintain some rules and provision against their wish and will. Now if these are not breach of Art 6 then why ordering of mediation would be breach of Art 6. In Golder v UK  [29]  , it was held that ADR approved in CPR Pt1, where stated a mediation is not breach of such requirements. In Deweer  [30]  case also confirmed that this dispute process is not breach of Art 6 rights. Its clear from the Halsey  [31]  case that mediation must always be voluntary under English Law. Court or judge to order mediation would be a possible breach of Art 6(1) of European convention. If we analyse all of the cases then two significant points would be come out. They are, Forced by a judge into ADR Strongly encouraged towards ADR First approach is likely to violate Art 6, as Halsey confirms. But the second approach is not clear, is immune from challenge under the convention as jack J said summarising in Halsey, the fear of costs sanctions may be used to remove unmerited settlements  [32]  . To distinct between Voluntary and Coerced ADR in this background is hard to draw with certainty. Jack J suggested in Carleton v Strutt Parker  [33]   A litigant who is landed with an unfavourable costs order for failing to agree to ADR goes to mediation at the courts suggestion but is afterwards stigmatised as failing to participate in good faith, could reasonably claim that this outcome operates as obstruct or fetter on the right of access to the court, contrary to Art 6, and that their apparent consent to ADR was no waiver of their fundamental rights now directly enforceable in English Law under the HRA 1998  [34]  . The evidence supporting the use of mandatory mediation is mixed. Central London County Court saw a enormous increase in mediations following Dunnett case, but the settlement rate also consistency declined during that period  [35]  . If judges apply too much pressure, the overriding objectives of the CPR may not be achieved its goal to lower the settlement rates with wasted cost and time but some pressure is needed to ensure that parties should consider mediation as an option but this pressure is less needed than it once was because the legal profession involved in construction litigation now knows the benefits of mediation. Although many countries those have strong conscious about human rights and constitutional rights introduce conciliation or settlement conference chaired by judges in their legal system. This can be called Courts mandate mediation. So by this process they want to put mediation within court process which would be more acceptable regarding the matter of conventional rights. In the Halsey case CA held that court cannot proceed a mediation process against the parties will which would be contrary to the Art 6 of ECHR but in the case of Shirayama Shokusan Co. Ltd v Danovo Ltd  [36]  , court issued a mediation order even though one party was unwilling. CPR r. 1.4(2)(e) emphasised to encourage the parties to use alternative dispute resolution. Sir Anthony Clarke  [37]  states that Court has the power to order compulsory mediation and he also said that Halsey decision was a obiter so there was a chance for the judges to make compulsory mediation order. He also suggested that courts have a jurisdiction to order mediation process under the CPR. Sir Gavin Lightman also expressed his view on behalf of the mediation process. Sir Anthony Colman  [38]  states that there is a close relationship between the court and mediation. He also states that mediation process is not mandatory. Lord Philips  [39]  states that in adversarial litigation there are lots of complications such as; solicitor fees, court fees, defendant is faced with a huge bill for the claimants cost and insurance, delay and complex procedure, disproportionate cost etc. According to him ADR is quite reasonable and flexible procedure because it does not have any additional difficulties. He also states that court order to the parties for mediation is not infringe Art 6 of ECHR. Lord Philips, Sir Anthony Colman and Sir Gavin Lightman are the supporter of mediation process because litigation process has lots of disadvantages and mediation process has flexible, time saving, cost saving and confidential process which is reasonable for the parties as well as for the society. Although EU directives contain some provision where state that court must encourage the parties to use mediation process to settle their disputes. Some cases like Cowl, Dunnett and Halsey cases where maximum of the judges held that parties should use mediation voluntarily rather than mandatory and court always encourage the parties to take this procedure. Although in some cases there was some controversy but different judges has given their views regarding this matter and maximum of them supported the procedure of existing mediation procedure. So at last it can be said that the present procedure of mediation is not obliging the parties but encourages them to further overriding objective of t he court.

Tactical Games Model: A Practical Approach To Skill Development Essay

The Tactical Games Model is a form of instruction in Physical Education courses that the teacher uses to incorporate sport related activities and small games into their lesson plan to improve students' experiences in sports games and tactical awareness provided from them. The purpose of having the Tactical Games Model in physical education courses are to help students learn the basics of a sports game, like soccer or basketball, and let them figure out, through experience, the ways to improve themselves in a setting where their actions will be critical to their teams victory, as well as help learn what their strengths and weaknesses are themselves and self-improve afterwards. Throughout sport, any game comes down to tactical strategy that two competitive teams have to use to gain the advantage over their opponents to win their game. The basic foundation to any game is the tactics one uses to gain advantage over competitors, and students will be able to learn a lot about themselves, and their peers, when using these tactics to work for eachother, and themselves, throughout a match. A great game to use as an example on how tactical games models should be used to benefit your students is soccer. The general set-up that a physical education teacher should use is: 1. Game One 2. Questions & Answers - (Students and yourself) 3. Situated Practice - Ex. 3v3 possession drills 4. Game 2 This plan helps students realize self-awareness in soccer that could help improve themselves as well as help benefit the team all together. Game one introduces the students to the rules of the game, and the foundation of how the game is played, like you use your feet to kick the ball, you pass between eachother to kick the ball into the net to score... ...ment, challenge, self-expression and social interaction. These values can only benefit the students, whom have the open-mind to use these experiences to influen Works Cited "15 Standards of Specialized Knowledge." Adapted Physical Education National Standards. N.p., 2008. Web. 22 Mar. 2014. . Logan, Gene A. Adapted Physical Education. Dubuque, IA: W.C. Brown, 1971. Print. Masters, Lowell F., Allen A. Mori, and Ernest K. Lange. Adapted Physical Education: A Practitioner's Guide. Rockville, MD: Aspen Systems, 1983. Print. NCLDA. "What Is IDEA?" National Center for Learning Disabilities. N.p., n.d. Web. 22 Mar. 2014.. "PE Central: Adapted Physical Education." PE Central. N.p., 2014. Web. 22 Mar. 2014. .

Canterbury Tales Essay - Wife of Bath as an Attack on Married Life?

Canterbury Tales - Wife of Bath is Not an Attack on Women and Married Life Feminists have proposed that the Prologue of the Wife of Bath is merely an attack on women and married life. The Prologue is spoken by a woman with strong opinions on how married life should be conducted, but is written by a man. It is important to examine the purpose with which Chaucer wrote it. This is especially so as many of the pilgrims in The Canterbury Tales condemn themselves out of their own mouths, such as the Monk and the Friar. While the Wife spends most of the Prologue arguing in favour of the deceit and deviousness that wise wives will execute, the argument is often illogical and can approach ridiculousness in its vehemence. Are we to agree with the views that the Wife of Bath puts forward so strongly, or does Chaucer present her as a caricature of every negative quality women are traditionally guilty of?   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   A great deal of the Wife's Prologue is spent in her narration of the tirades that she subjected her first three husbands to, largely a list of accusations made by anti-feminists of women, and the Wife's spirited responses. The Wife's replies defend women's behaviour -- if a husband has enough sex from his wife, she says, he should not care "How mirily that othere folks fare". She attacks scholars who accuse women of all manner of vileness by asking "Who peynted the leon, tel me who?" and that because scholars (Mercurie) and women (Venus) are diametrically opposed, "Therfore no womman of no clerk is preysed." However, while it is clear that the Wife is on the side of fellow females, in a logical sense the Wife's arguments are not particularly effective against the anti-feminists' view that women are as vain as cats, as sex... ...ties of lechery and unscrupulousness; that is why Chaucer writes about her. By allowing both her and Jankyn bliss when he finally surrenders power to his wife, Chaucer does not appear to disapprove of this state of affairs on principle. The Wife of Bath is, however, a psychological study of a powerful, sexual woman and a speculation on what such a woman's life might be like. It is clearly one that intrigued Chaucer, as can be seen from the length of the prologue, which dwarfs all the others by comparison. Chaucer's aim in writing this prologue appears to have been the presentation of a character so strong, she approached a force of nature, rather than an attack on women and their conduct in married life. Work Cited Chaucer, Geoffrey. The Canterbury Tales. Norton Anthology of World Masterpieces. Ed Mack, Maynard et al. W. W. Norton and Co. New York, NY. 1992.

Equality and diversity Essay

You should use this file to complete your Assessment. The first thing you need to do is save a copy of this document, either onto your computer or a disk Then work through your Assessment, remembering to save your work regularly When you’ve finished, print out a copy to keep for reference Then, go to www.vision2learn.com and send your completed Assessment to your tutor via your My Study area – make sure it is clearly marked with your name, the course title and the Unit and Assessment number. Please note that this Assessment document has 11 pages and is made up of 5 Parts. Name: Part 1: Living in a diverse world 1. What is meant by diversity? The word diverse means different and varied. Diversity recognises that though people have things in common with each other, they are also different and unique in many ways. 2. Describe the community you live in. Highlight some of the variations you may observe in terms of: Interests Beliefs Ages Lifestyles Personal, social and cultural identities. In my community it has a great diversity of people. There are some retired and young people, an ex-vicar, my neighbours are Indians and I also have Italian, Spanish and Polish people on my street. Some people are single, others married, and some have children. There is also a gay couple on my street. Many people on the street have children. There is a spiritual church, a Christian church and a Kingdom of Jehovah’s witnesses. There also are many local restaurants offering a huge choice of cuisine In a few short sentences I have shown the variations in age, beliefs, interests, national origin, marital status, sexual orientation and religion 3. Explain how the variations in question 2 contribute to the diversity of the community. The variations in question 2 show us that my community is diverse having different people and it can contribute for a better community because it brings: Wide range of experiences and opportunities for the whole community. Everyone the opportunity to learn about religions other than their own. Food from different parts of the world allows everyone in the community to have a small sample of different cultures. People the chance to experience different things outside of what they are normally accustomed to. 4. Give some examples to explain how diversity: Enhances your life Enhances the local community Enhances this country. The example of how diversity enhances my life is that it teaches me to be more tolerant and I can learn how to live in society with so many different people. Diversity enhance the local community by encourage friendships and relationships over shared or new interests. Because of the differences it brings to the community a number of different interests. Diversity enhances this country by bringing a huge number of different products and services for people, the opportunity to to learn about different cultures. 5. Describe what it means to respect people’s differences and why it is important to respect differences. Respect people’s differences is when you recognising that another person is different and don’t behave unpleasantly or illegally when you recognize that the person has a right to be different. Respect people’s differences is important as people are better able to live their lives peacefully when respecting each others differences. By tolerating others, you create an environment where others are also encouraged to accept you for what you are. Once you have completed this Part of your Assessment, save the work you have done so far – you will need to send your work to your tutor for marking when you have completed all five Parts of this Assessment. Part 2: Describing yourself in a diverse society 1. For a person you know, describe the individual factors that make him / her who they are. Name: Defining factors Brief description Physical characteristics He is tall and quite slim. He has got an oval face with bright blue eyes. He has short brown hair. He seems to be in his 40s. Emotions He always seems to be in a good mood, is a kind person always trying to help others. He is funny most of the time he makes people laugh. Likes He is brilliant with people, very smart person, with an incredible sense of humour. Dislikes He thinks know-it-all, always late and some time he can be bossy. Values and beliefs He is devoted to his family and a honesty man. 2. Describe yourself in terms of: Personal interests I am passionate about travelling and different languages; I have lots of different book about languages in my shelf. When possible I like to travel and visit the countries. Religion / culture I am catholic, I attend church once a week and when possible I read the bible at home. Geography. I come from Brazil, because I from there I am immerge into the Brazilian community in Swindon. I also have some particular taste and way that comes from my country as for example: Food, music and even the way I express myself. 3a. Explain what is meant by having multiple identities. It means the various identities a person may have, Example: Father, Brother, Son, Friend, Boss etc. 3b. Give three examples in relation to people you know. Example 1: Example 2: Example 3: 4. What is meant by shared identity? 5. Explain and give examples of how an individual can identify themselves as belonging to a number of different groups. 6. Describe yourself in terms of your multiple identities. Once you have completed this Part of your Assessment, save the work you have done so far – you will need to send your work to your tutor for marking when you have completed all five Parts of this Assessment. Part 3: Stereotyping and labelling 1a. What is meant by stereotyping? 1b. What is meant by labelling? 2. Explain why some people stereotype others. 3. Provide two examples of the damaging effects that stereotyping and labelling can have on people. 4. Provide at least two examples of the way stereotyping is perpetuated in society. Once you have completed this Part of your Assessment, save the work you have done so far – you will need to send your work to your tutor for marking when you have completed all five Parts of this Assessment. Part 4: Prejudice and discrimination 1. Define prejudice and discrimination. 2. Explain how people may develop prejudices. 3. Describe the following types of discrimination. Type of discrimination Description Dual discrimination Multiple discrimination Positive discrimination Discrimination arising out of disability Discrimination by association 4. What is meant by the term protected characteristics? 5. What is the difference between direct and indirect discrimination? Give two examples to illustrate your point. 6. Describe the effects that discrimination and prejudice can have on people. Once you have completed this Part of your Assessment, save the work you have done so far – you will need to send your work to your tutor for marking when you have completed all five Parts of this Assessment. Part 5: Having an equal opportunity 1. Describe what equal opportunities means in relation to: Education Housing Healthcare Employment. 2. Outline the inequality problems that persist in terms of pay for men and women. 3. Describe two other signs of inequality that haven’t already been covered in this Assessment. Now that you have completed all five Parts of this Assessment, go to www.vision2learn.com and send your work to your tutor for marking.

Love love life

The recently released air quality study from Alarm Quality Management District (CAME) showed that Carson had a higher level of carcinogens than a comparable city because of the excessive use of cigarette smoke. In this year alone, he Surgeon General reported an Increase of deaths by 20% due to cigarette smoking, I. . , emphysema, heart disease, lung cancer, and chronic obstructive pulmonary disease. The pollutant level from cigarette smoke has increased the likelihood of a health related illness and/or death by 40%. COW Lives Wellness Inc. Has proposed to reduce cigarette smoking by 30% over the next three years. Our comprehensive program Includes two components. One component target individuals who do not smoke and the other component target individuals who want to stop smoking. Although the programs are different in approach, they share the same outcome. CHEVY has partnered with the Boys and Girls Club of Carson and the older.By using electronic media, posters, pamphlets, and sched uling site visits, COW will be a constant and continual presence, enforcing the effects of cigarette smoking on health and the community. We will have guest speakers talk about youth and cigarette smoke, filmstrips to hospitals and respiratory centers, and the program culminates with a visit to the county medical examiner's office where the students will see a posthumous lung, esophagi, and larynx that were affected by cigarette smoke or second hand cigarette smoke. The second component deals with individuals who are currently smoking.This program includes a medical program where the client would meet with a medical doctor prior to moving on through our variety of treatment and counseling and education programs. The participants in this component will also be required to work with the participants in the prevention component to give a â€Å"real-life† perspective on what smoking has done to them in their lives. Our eager and passionate team consists of our President, Eire's W icks, MD. , MBA, specializing in pediatric behaviors, with 12 years of experience in operating a successful non-profit organization; Vanessa Knee, Ph.D. De. , Vice President and Director of Education, with 10 years of experience creating educational curriculum for K-12 schools; Hydra. Hearer, Vice President and Chief of Communications, Master's degree in Communications and Community Relations. Ms. Hearer has 10 years of experience in Public Outreach and Media Relations; and Chris Anderson, Director of Operations and Case Management. Mr.. Anderson has a dual Master's Degree in Psychology and Sociology, and has 10 years' experience specializing in chemical dependency and addition;COW mission is clear, and we are equipped and ready to save lives. We request that you partner with us by funding $80,000. 00 to help bring this life saving program to fruition. Sincerely, Eire's R. Wicks President Carson, CA has a population of about 92,000, 76% are adults, and 24% are people under the age o f 18. The community is inundated with poor air quality due to industry and cigarette smoking. With an overwhelming number of documented smokers (13. 7%), and the increase of new smokers, the community is in dire need of an intervention.Recent studies have shown an increase in smoking related deaths ever the past year and Air Quality Management District has deemed Carson as the unhealthiest city in the South Basin. If this community is not given an opportunity to receive professional help to end smoking addiction in addition to smoking prevention programs, the city of Wildfowl will slowly self-destruct. Worse yet, this problem would reach further than the City of Carson, economic impact would spread to the County, State, and Federal Government who would incur the medical costs and lose the worthwhile contributions to society that would have come from this thriving immunity.Project Abstract COW Lives Inc. Is seeking grant funding to improve air quality and reduce smoker related illnes ses and deaths in the community of Carson, CA. Smoking cigarettes is proven to be one of the most preventable causes of death in the United States. Studies show that cigarette smoking is one of the most highly addictive and destructive behaviors of modern mankind. Documented consequences of cigarette smoking include high risk exposure to deadly diseases such as lung cancer, emphysema, and heart disease.The number of people under the age of 70 ho die from smoking related diseases exceeds the total figure for deaths caused by breast cancer, AIDS, traffic accidents, and drug addictions combined. Dating back to the sass's the US Surgeon General has warned that cigarette smoking is hazardous to human health. Many public awareness attempts have been made over the years to warn against cigarette smoking however there remains much more that needs to be done to target and prevent children from starting the addictive behavior of cigarette smoking and educating addicted smokers on available pr oven methods to stop the addiction.Carson, CA is a community located in the East Los Angles area of Southern CA with a population of 15,000, 65% adult and 35% children under the age of 18. Current statistics show that 85% of the adults in Wildfowl have smoked cigarettes for all of their adult life with 40% starting before reaching the age of 18. Additionally studies released by the regions' Air Quality Management District (CAME) reported Wildfowl as having one of the highest rates of airborne carcinogens in the southern basin. Miming to gather more activists' against smoking, our project proposes to reduce make and tobacco use in the targeted community of Carson by 30% over 3 years. To conduct our project we have a team of (10) college pre-medical and graduate study students consisting of (3) medical students, (3) sociology majors, (2) psychology majors, and (2)K-12 education majors. The community of Carson has seven K-12 public schools; (4) elementary, (2) middle, and (1) senior. T he largest employer of adult workers is Aerospace Incorporated, an industry with two major manufacturing plants in Carson employing 80% of the adult working population.