Thursday, September 26, 2019
Analysis of Googling Out of Control and Work in Google Essay
Analysis of Googling Out of Control and Work in Google - Essay Example Organizational Structure is where roles and/or ranks of employees are determined. It is advanced that success may still be realized so long as the culture and values of the organization and its employees are attuned with each other thus any challenges faced by the organization may be managed or prevented. A concrete example of culture adaptation or acclimatization is that of Google. In the video, Google is commended for its fun and relaxing work atmosphere. Notwithstanding the laid back work structure, it is able to provide perks and incentives to everyone in the organization. Google is able to support its management style due to the billions of revenues and profits it is able to generate through their Online Services and advertisements. And, it is in this context that this paper will analyze the Googleââ¬â¢s success. Discussion There are 3 forms of Organizations, the Classical, Modern and Post-Modern. In the Classical Organization Form, managers avoid risks that would put the org anizations at jeopardy while in the Modern Organization Form managers create contingency plans for possible situations that can happen in risky decisions. On the other hand, Post-Modern Organization Form managers take risks and create an action plan only when bad situations arise. Google has come a long way from the original objective of its founders. It was initially created as a graduate project in Stanford University. The website was launched in 1996 in the internal website of Stanford and two years after, Google turned into a successful commercial enterprise. From a name that is represented by 100 zeroes after a number 1, Google has been a success since its inception. The founders were able to transform a simple university project to a lucrative company valued at more than $30 billion. Googleââ¬â¢s reach is extensive considering that it receives more transactions than the stock exchanges of New York, London, Geneva Frankfurt and Paris combined. From the video ââ¬Å"Work in G oogleâ⬠, Fortune Magazine has named Google as the best company to work for in America in 2007. The founders of Google are able to create an environment where employees are able to have fun and enjoy being at work while creating a place where employees are able to be productive and excel in their fields. According to the video anchors, Fortune magazine chose Google as one of the best workplaces in America because of numerous reasons one of them being the food it serves in its cafeteria. It does not merely house a simple cafeteria that other organizations normally have but Google distinguished itself by providing a service comparable to eleven gourmet restaurants inside its cafeteria. The unconventional way of Googleââ¬â¢s management style is well-appreciated by its employeesââ¬âthey positively respond and return the favor by working hard and being productive. Google employees declare that they are willing to do anything for the company since Google is invested towards pro viding an environment that is comfortable and conducive for work. It puts ahead the comfort of the employees by not employing a restrictive dress codeââ¬âinstead the employees are given the freedom and liberty to wear any type of clothes they deem comfortable. Pets are also allowed in the workplace provided that colleagues are not bothered by their presence. It is evident therefore that the lack of structure in the management system is not a factor in the success of the business.
Interprofessional Education Workshop Assignment
Interprofessional Education Workshop - Assignment Example The first way in which the workshop expressions show a need to fill the gap of the health profession with the right education is through the roles of each individual. In the first segment of the workshop, basic introductions and expectations of the field which one was studying were given. During this part of the workshop, each individual stated their field of study and how this would be used in the profession after graduation. It could instantly be seen that there was a gap in the understanding of what each individual was doing. In one participant describing the pharmaceutical role she played, others questioned what that meant and what she would be doing. The discussion led to the need to define why the individual was in the group, how it related to medicine and what the expectations were. Even though the individual would be in a health department and team, the collaboration was limited by the inability to understand the specialization that each of the members had. If there are these gaps with the basic job descriptions and roles which each individual holds, then it wonââ¬â¢t provide the right support for patients while working in a health professional setting. The concept of interprofessional education works by filling this gap so basic introductions of those working in the field are understood. The practice of knowing what each individual is required to do is one of the ways in which the gap is shortened while in the field. This is combined with understanding what an individual has the capacity of doing while in the field. The practice of collaboration that the education offers is the beginning to understanding the processes which each individual should go through while building a basic understanding of what the roles of the professionals are within a health setting (Dââ¬â¢amour, Oandasan, 2005, 8).Ã
Wednesday, September 25, 2019
Capital Budgeting Essay Example | Topics and Well Written Essays - 1000 words - 1
Capital Budgeting - Essay Example It is imperative to note that, the expected spot rate appreciation or depreciation is determined by the expected inflation differential (Johnson, 92). RPP is the most useful tool of parity conditions considered in determining whether to accept or reject projects. It is fundamental to note that, RPP predicts the change in the exchange rate over time of the project. The illustration below indicates the most likely setup for NPVs. The table above indicates that all NPVs are positive numbers. It is essential to note that, foreign exchange threat can add, or annihilate the value of the project. Furthermore, a higher parent prospective foreign exchange, adds value to the project. Similarly, a higher project prospective foreign exchange destroys the value of the project. There are two kinds of NPVs. They include NPV from the project prospective, which does not contain foreign exchange risk. The other type is RPP NPV from the parent prospective. It does contain foreign exchange risk (Johnson, 65). In this circumstance, the project risk gives a slightly positive number. On the other hand, the RPP NPV parent prospective gives a bigger, positive number the foreign exchange risk is included (Johnson, 67). In this circumstances, the project can be accepted due to the positive number for the Canadian NPV from the parent prospective RPP. More over, the NPV with foreign exchange risk add more value to the project. The Crystal Ball report results, indicates that maximum and minimum scenarios of NPVs from the project and the parent prospective exists. Consider the following table, which illustrates the maximum scenarios for NPVs. It is imperative to note that, despite changes of variables, the maximum scenario for all the NPVs increased in positive values. In this case, the project could be accepted because NPVs are positive (Johnson, 69). More over, it is fundamental to note that RPP is critical in this course. The value of RPP is observed to be
Tuesday, September 24, 2019
Neighborhood walk report and ecological analysis using your six senses Case Study
Neighborhood walk report and ecological analysis using your six senses - Case Study Example For that reason, walking in our neighborhood at around 6 PM, on a Saturday afternoon, when people are out for fun with families, the environment is still very serene and quite peaceful; regardless of the fact that Brooklyn is merely one borough of one of the largest metropolitan areas within the United States. We live in an area that has three residential blocks closely built next to one another; with some other blocks built close by. They blocks are of the typical brick red color; with small balconies opening at the front. The windows have black square frames. All the blocks have around three floors and are well equipped with both stairs and lifts. There occasionally are dresses hanging in the balconies, or even at times, brooms or dusters hanging down the railing. The face of the last block in the row is somewhat decayed because of frequent rain; probably combining the affects of not having been painted with the long term impact of acid rain. At around this time, people are moving in and out of their blocks. There are very few cars in the front area since the parking lot is built towards the back of the building. Children are coming off the blocks, returning to their homes for dinner. Some small boys are sitting in the block entrances fixing their helmets, putting on their knee pads; one was even seen fixing his hair in the motorbike side mirror. Some grownups, mostly dressed up casually are seen heading towards the beach for walk. As we walk out of the block, the serenity seems to slowly and gradually disappear from the surroundings. The mental tranquility and environmental serenity often gets interrupted as the cars move closer to our blocks. The most cited traffic nuisance is normally created by a garbage truck driver; who visits our neighborhood around this part of the day. He oftentimes appears to me as if he is an angry and frustrated man; seemingly suffering from some type of internal depression. At the same time, people in cars and cabs are seen looki ng occasionally to their watches. They must be getting late for home or other plans they must have sequenced for Saturday evening. If we walk closer to the cars with their glasses drawn downwards, we hear people in different languages; mostly in a thick accent of one form or another cursing the other drivers. The cab passengers are seen with equally aggressive and frustrated expressions. Sometimes they are even cursing their driver or quarrelling to drive faster. Some people reach for cell phones or quickly glance at the screen; as if reading the text or punching a rapid succession of buttons on the screen in order to type an urgent message to someone. Certain of them make calls and talk loudly, sounding as if they are explaining or apologizing for being late. In this busy hassle, some people are at times seen very calm. In fact, there seems to be an occasional dating couple. The men usually sit calmly on the driving seat, with shades on and smiles, along with a lady, sitting adjace nt generally as equally happy. The Three Blocks in a Row Some Local Eastern Residents The Famous Neighborhood Gang The library Close to our Blocks 2. Analytical Report of Neighborhood The people in the neighboring areas are very busy with their own lives. In the past 10 years or so, many different cultures have arrived in this area. New York has always been a melting pot of different religions, races, and ethnicities;
Monday, September 23, 2019
European Labour Market Essay Example | Topics and Well Written Essays - 5250 words
European Labour Market - Essay Example (Theil, 2008, p. 76) Unemployment in Europe has been shown to be worrying phenomena based on the fact that more than 20 million people are unemployed in the continent. But the most worrying fact has been that this is only affect some segment of the society and especially based on ethic factors. Fore example it has been shown the Italy is one of the European countries where the level of unemployment is affecting some segment of the population and it has been closely liked to certain social components. It has been shown most o the region in Europe with has excess labour supply with exception of France and Spain enjoys full employment while others have very high rate unemployment. (OECD 1997, p. 3) But there is a close relationship between economic performance and the level of unemployment in these European counties. It is to be found the unemployment and economic growth are two non-integrated factors and which are derived by the same autogressive united roots that are present in majority of the growth models. Economic growth and unemployment of any nation are positively correlated and it will be found that in the short run economic growth and unemployment relates in away that the equilibrium rate unemployment rate relates to a decline in the economic growth rates of the country as postulate in the Okun's law. According to studies that have tried to relate the two factors in the European market, it has been found that Okun's coefficient is in line with the estimate of the all the countries in Europe except UK whose label market looks more flexible in the way it accommodates transitory shocks compare to the European labour markets. (Pia 2006, p. 3) The pattern of unemployed in Europe has been attributed to other factor including the social stature of the individuals who depend on the participant the economic system of production and exchange in the society. The high rate of unemployment has therefore led to loss of some social aspects that have acted as the social fabric and hence the more people lose their social values, the more the effect is spreading even to those who are not affected. It has grown from an economic problem to take a social dimension. This paper will look closely at levels of unemployment in France in order to understand the level of unemployment as contributed by economic polices and the labour laws of the countries. It will look at unemployment statistics and relate them to economic theories. Unemployment in France Franc has been one of the largest economies in the world and by 2005, it was estimated the France had a GDP of $1.862 trillion according to the World Bank report which was measure in terms of purchasing power parity. In 2008, CIA Word Factbook rated France economy to be more than $2.067 trillion which means that it was ranked at the eighth targets economy. But the economy of France is place at sixth position by both World Bank and the International Monetary Fund and much other survey have ranked France in the third position in Europe behind German and the UK but in 2006 it was ranked ahead of UK in the second position. The economy of Fran
Sunday, September 22, 2019
Abolitionist movement Essay Example for Free
Abolitionist movement Essay With the enlightenment and awareness of people regarding human rights came the abolitionist movement. Slavery was something that violated the basic tenet of human rights and dignity, and so it had to be abolished. Northern states have begun to pass acts which declared that all men were born free and equal. Several movements that involved religion and political movements highly influenced the strength and expanse of abolitionist ideals throughout the country. The movements that supported abolitionism varied in method and degree. Some were pacifist, as they tried to use the legal system and passed legislation seeking to make slavery illegal. Others utilized literature and the press like Harriet Beecher Stowe, the author of the famous novel Uncle Tomââ¬â¢s Cabin. Religious movements declared slavery to be sinful and un-Christian, to discourage believers from keeping and owning slaves. Only a minority of abolitionists used to armed revolt and instigation of unrest and anger among the slaves as the main machinery to further their cause. The movement continued its stride to abolish slavery, but its strongest anchor point came with the election of a known contester of slavery, Abraham Lincoln, as president. With the head of state holding this position of opposition of slavery, the south felt that their way of life was endangered and threatened. Economic repercussions will be felt by their planters in the cotton, tobacco and sugar farms if the hands that worked in the plantations were to be set free. The zenith of the tensions between the south and the north was the American Civil war. It broke out when the south organized and removed themselves from the control of the American government. Rise of Abolitionism Historian James McPherson defined an abolitionist as a person who has fought for the abolition of slavery in the United States before the Civil war. American abolition started early on, as there were several groups already fighting for the liberation of slaves, such as the Society of Relief of Free Negroes Unlawfully Held in Bondage, and there were several institutions which prohibited slavery already. Several states had passed laws that completely prohibited slavery in their territories. Those who joined the American Anti-Slavery Society or other groups were abolitionists. These movements were not unified, and so could not boast a unified strength. Vermont was the first territory to make slavery illegal, and Pennsylvania was the first state to abolish slavery in 1780. Then several states followed Pennsylvaniaââ¬â¢s example while some states chose to limit slave trading. Many of the states in the south retained the institution of slavery as it was the regionââ¬â¢s life line in their plantations. Their strong adherence to the institution drove them to take a defensive stance against the rising popularity of the abolitionist movement. Many abolitionist writers distributed many anti-slavery writings and literature to the south to help spread the ideologies. Novels, pamphlets and other forms of writing began to circulate not just in the north, but also in the southern region. Southern officials were enraged at the act, and thus moved to ban all types of literature that might instigate rebellion and changes in the south. Violence was even employed to stop the circulation of antislavery media in the south. Elijah Parish Lovejoy, the editor of an abolitionist newspaper was murdered by a mob of pro-slavery southerners. His printing press was also destroyed. Abolitionists recognized the fact that slavery needed to be abolished everywhere in the country, but the north cannot interfere with the affairs of the south because of federal ruling. Because of this, many abolitionists focused on liberating the north and skipping the southern states. Some abolitionists were frustrated and did not like this idea, as they believed that every state should be free of slavery. The movement was further fortified by the support of free African-Americans and their church. With the issue of the constitution, the American Abolitionist movement split up into two groups, the Garrisonians, led by William Garrison and Wendell Phillips and another camp led by Spooner and Gerrit Smith. The Garrisonians believed that the constitution promoted slavery while Spoonerââ¬â¢s group believed the constitution to be antislavery. Since slavery was unconstitutional, it could be abolished with the blessing of the law. More divisions in the abolitionist movement arose, but because of the social classes of the abolitionists themselves. The artisans and elites divided themselves on the issue of slavery as well. The Underground Railroad was used as a venue by many abolitionists to become more active in the cause for abolition of slavery. Many of the fugitive slaves were illegally transported away from their masters to be free men via this rail. But the railroad was made illegal by the passing of the Fugitive Slave Law of 1850. But this did not stop the abolitionists from providing shelter and transporting slaves to freedom. After the Emancipation Proclamation of January 1, 1863 was done, many abolitionists moved to liberate slaves in the slave states. There were also movements to improve the social and living conditions of African-Americans all over the country. The Thirteenth Amendment finally ended all slave subjugations in the country.
Saturday, September 21, 2019
The effectiveness of dispute resolution techniques as used in hong kong
The effectiveness of dispute resolution techniques as used in hong kong Construction in the past Years ago a construction project was a relatively simple arrangement. The owner retained an architect or engineer to develop the design and prepare the specifications for the desired project. The owner and architect or engineer then engaged the general contractor to perform the physical construction of the work leaving the methods of performance to him or her. Contractors and subcontractors were relatively straight forward, simple agreements without extensive exculpatory clauses. At that time, contracts were completed with appropriate time extensions with liquidated damages or pay for delay are depending of who was responsible for delay. Usually the work was of excellent quality because all parties of the team were working together. Nowadays, everything among the construction industry become complex and likewise resulted in a complex dispute resolution whether for a settlement of minor issue. Construction Claims In many construction projects, the argument always arisen among the parties, i.e., in between the contractor, consultant, material supplier and employer and in relation to the conditions of contracts, construction design, buildability, construction methodology and construction standard and etc. Likewise the argument will gradually step into a claim as the parties are intents to preserve their rights, interest and responsibilities as the argument of the works will always result delay and disruption to the construction progress and consequently incurred in an additional time and cost to the project under several particular circumstances. Nowadays, the construction projects are becoming more and more complex due to the innovation, evolution and technology development in the industry, the understanding and interpretation of the project requirement may differs among the parties (Malak and Saadi and Zeid 2002). In the meantime, the increased complexity of construction project, the construction processes, specification, documents and conditions of contracts has been contribution to higher possibilities of conflict that results a higher frequency of claims issue. There are many different types of construction claims are into categories relative to terms and generally defined in a contract. The parties are required to process the claim in accordance with the requirement specified in the main contract. Normally the claims are raised by the contractor as they were the first party acknowledge the construction progress is delay or disrupted by some kinds of event and responsible to identify the circumstances for reporting to the employer. The employer will then require assessing the claim issue. However, the basis of the identification of claims issue is often not exhaust enough by the contractor and therefore the employer will have a difficulty during the assessment process that results an adverse desire to the claimant, which is the contractor. Consequently, the claims cannot satisfy the claimant by extension of time or additional money during the construction period and become a higher degree of dispute that is requires further dispute resoluti on. All claims have the potential to be time consuming and expensive once the claims has different understanding among the employer and contractor (Barnard 2005). To reduce the potential time cost and expensive, usually the associated parties in the claims will proposed to a dispute resolution, i.e., Litigation, Mediation, Conciliation, Adjudication, Arbitration and etc. for minimize the unnecessary cost. Though these dispute resolutions are very common, the effectiveness is questioned by the industry due to the higher cost and time are still required for processing these resolutions. Research Aim, Objective(s), Hypotheses AIM The aim of this research paper is to investigate the effectiveness of dispute resolution techniques as used in Hong Kong. And, the investigation is concentrate on the review and quantifying the process and outcome effectiveness of one of the common use dispute resolution Mediation. OBJECTIVES * To conduct a critical review of literature relating to the definition and process of Mediation. * To conduct a critical review of literature relating to the history of dispute resolution of Mediation in Hong Kong. To review and investigate existing common use of dispute resolutions in Hong Kong. * To research and detail the actual processes, the difference in between these dispute resolutions, analyse the advantage and disadvantage of these dispute resolutions and summerise the general conclusion of these resolutions. * To collect data by face to face interview through the professional body that has experience involves in construction claims and mediation process. * To summerise and analyse the effectiveness of mediation which in the basis of time cost and reflection by the disputants. * To draw conclusion on the quantified effectiveness of mediation to testify the recognition by the construction industry and evaluate the future development of the applicable of mediation. Literature Review How claims propagate to a dispute A claim may be defines as a request, demand, application for payment of notification of presumed entitlement to which the (claimant), rightly or wrongly at this stage, considers himself entitled and in respect of which an agreement has not yet been reached (Barber and Hughes, 1992). For protect their own interest, the claimant will promptly reserves his rights to claim and presents a detailed account of the claims only a the need of the project where they can take advantage of any losses and delays and incorporate them into a claims. Therefore, the prevalence of the reservation of rights approach a construction claims. Normally, the contractor is the host and navigate the claims as the change to the project is always request by their employer, owner, consultant, employer or employers representative and the proof of contractor is breach the contract by the employer is often a difficult task (Hassanein and Nemr 2007). The change orders were the most prevalent causes of claims. The frequent appearance of a change order on a project is due to the engineer do a less thorough job in the design and planning stage and thereafter, the employer try to minimum the costs by not planning the project as real-time since initial planning. As a result the employer is put in a position where they are less likely to anticipate adverse conditions before they arise and are less capable of dealing with the variable. Accordingly, numerous cases had been reported about the contractor was received direct inductions from the employers representative or consultants due to their poor management in the pre-contract phase and outdate realization of the project. The consequence was additional incurred expenses. The increasing scope of work and poorly coordinated designs result change order and easier to propagate a construction claims. In addition, the differing site conditions, defective construction documents, suspensions of the work at the direction of the employer or consultant, wrongful delays in handling shop drawings, late deliveries of owner-furnished equipment and materials, interference by other prime contractors, lack of site access and etc. are easier to constitute a contractor claims once the poor management practice occurs in the employers team. The construction project is often delayed by the change and a claim may arise on account of a delay disruption. The nature of the construction claims leads to adversarial relationships regarding impacts and changes and often results in disputes. Background of Mediation The settlement of disputes arising from construction industry by methods other than litigation is common practice. The main reason for this is, where the substantial questions of the dispute are matters of fact rather than of law, a final and conclusive decision can be obtained in a manner which is quicker and cheaper than the formal legal. Construction disputes have used mediation since 1985 (Phillips, 1997). Compared to litigation, mediation has proved to be a faster, less expensive, more confidential, and more satisfactory way to resolve disputes. There is a national trend in favor of alternative methods of dispute resolution and away from the trench warfare style of litigation which has become so costly in recent decades. Mediation reflects a shift in the balance of power between employers and their lawyers. In scorched earth litigation the dispute is in the hands of litigators whose strength lies in motion practice and mammoth discover regimens. Mediation cuts through the posturing and tactics of litigation to get the merits of the dispute, where the employer is more of an authority, and to get to settlement negotiations, where the employer controls decision making (Fisher 1994). In fact, Mediation is a popular mode of dispute resolution in the United States (Bush and Folger 1994). As it is a non binding, consensual process of resolving conflicts through settlement conferences expedited by an impartial third party who facilitates negotiations (stories and their interpretation) between the disputants (Gillie et al. 1991;Rondeno and Rumbaugh 1999). Mediation may be considered a form of distributive justice, even though the contending parties control the discussion of the conflict and is ultimate resolution. It can be entered into voluntarily or as a result of a court order, and it does not bind the parties in any way other than by mutual agreement. Obviously, the mediation has been introduced and widely applied as a settlement method of dispute to construction industry for more than twenty years. As mediation describes a voluntary process which either side may abandon at any time without prejudice, whereby each side to a dispute is brought together before a neutral mediator, whose function is to assist the parties to arrive at common position by joint open session and private caucus (Hills 1995). During this process the mediator acts only as catalyst, not expressing his or her own opinion and not disclosing confidential information imparted by one of the parties, to the other. Through this process the parties move closer together until they reach a common position when settlement is reached. Because the mediation process itself is non binding and entirely without prejudice, it is necessary to record the agreement, in contract form, if it is to have legal effect. Although mediation is not regulated process, some rules do exist and are published by a few organizations that is applicable to Hong Kong construction industry. For example, the Construction Industry Mediation Rules published by the National Arbitration Committee in the United States, and the Hong Kong Government Mediation Rules published by the Government of Hong Kong. Mediation Process The Mediation is begins with the agreement of disputants that intents to settle certain amount of money and employ a mutually agreed mediator to commence mediated meeting to define issues and confirm each sides commitment. Agreement to mediate in the event of a dispute is either through terms of the contract (such as a mediation clause), or by mutual consent when the dispute arises. More commonly, one party approaches the mediation company to begin mediation proceeding. A representative then contracts the other side inviting them to cooperate in a mediation and consequence assists the disputants in negotiating a settlement. This is a form of collective decision making in which the mediator facilitates voluntary agreements between the parties in dispute. During this decision making process, the mediator compiles information, evaluates alternatives, and makes suggestions to the disputants aiming for a consensual agreement. The mediator will meet each party in turn to assist them to exa mine and highlight the respective strengths, and weaknesses of their case and, if he is so authorized, carry offers from one side to the other until the parties reach a common position, as a result, the mediator helps in breaking barriers and pulling communalities. In these contexts, mediation is regarded as nonthreatening, and effective in suppressing or even settling construction dispute. Thus, mediation is used because of the prospect of achieving settlements that are mutually satisfying, win-win situation, cost effective, flexible, speedy, confidential, and voluntary. At this point a settlement is usually agreed and, if the parties so wish, a contract will be drawn up to make the terms of the settlement legally binding (Hills 1995). Why Mediation This method is aimed to employ an independent third party for assist to agreed certain specified desires from the disputants in a short time and most likely they will satisfy the mediation result as the lightly litigation is applied and cost saving in comparing with other dispute resolutions. And, mediation can restart the usual course of construction claim resolution by carving out one or more of the simpler claims for early agreement. Even if the parties cannot agree that those compromises will be paid right away, at least they can stipulate that they will be paid as part of any arbitration award or court judgment. The real value of such partial settlements is that they improve the atmosphere. They demonstrate to each side that the other is acting on good faith and deserves some credibility. A good mediation advocate helps identify the clients real interests and needs, so that it is possible for the parties to reach a bargain. For example, a contractor may be less interested in mon ey than in having additional time to complete the job, or in obtaining future work, while the owner wants the project completed as quickly and as economically as possible. Because the parties craft their own settlement, they are more likely to honor their agreement voluntarily. Mediation also provides a forum wherein the aggrieved party can present its position or defense directly to the opposing party rather than through an attorney (Trantina 2001), thereby giving the aggrieved party voice or recognition of being heard. Also, mediation can preserve the partys relationship (Lederman 1997). Mediation display of commercial acumen and far from being soft, it is a continuous process of structured, condensed, guided and intense negotiation requiring quickness of mind, flexibility and imaginative thinking. And mediation can be used at the same time as litigation or arbitration procedures or can replace litigation. So it is possible to litigate or arbitrate to show serious intentions but t o negotiate with mediation to get a better result. Even the mediation fails, it has more benefits than risks. Mediation can be tried fast and at little extra cost. Parties are free to leave the process if it is unproductive (Harmon 2003). At the same time, using mediation helps clarify the issues, helps with preparation for trial or further negotiations and encourages a realistic assessment of the case more rapidly than the adversarial process. Conclusion The principle finding of this paper is aimed to have a brief review of an understanding of mediation in construction industry. An investigation is also held for realised the consequential effect is resulted by construction claims to the industry. Nevertheless, the outcome of initial finding on the literature review is not ideal as original thought. The construction claims detailed in many literature papers are mainly focusing on the claims effect how delay and disrupt the project that very limited reports are specified, i.e., the outcome effect of mediation, the problematic occurs during the mediation. For the research aim regarding dispute resolution in this report is assess the effectiveness of the mediation. As this report is only focusing the dispute resolution on Mediation, quite a lot of literature reports actually already have concluded the effectiveness of this resolution methods. Unfortunately the concluded result is limited to list out the advantage and disadvantage of this resolution and leads to have a personal (author) bias which seems not neutrally enough(Yiu Cheung Mok 2006). Furthermore, it is not difficult to have the knowledge of the process of dispute resolution but the key information or real mediated case is hard to obtain. Most likely the reason is mediation is not open to public. As a result, the critical information of real case for consolidates substantiation to this report is relatively very limited. In summary, the topic actually has a greatly development space as the gap of the above said research objective do exist in the industry. The general description on the outcome effect of mediation by limited reference to real dispute case is the key finding during this investigation of literature review. And as above mentioned the papers are only listed out the particulars of the mediation without any consolidated data, i.e., amount to settle, time consumed and cost of mediation. Accordingly, the mediation application has not been clear identified for which scale or what kind of disputes. The difficulty of data collection is recognised and foreseeable. Thus, the further development of the final report will be initially focusing on the real case data collection and the development of quantify effectiveness of mediation. Methodology Based on the concerning to the objectives of this research paper, the research methodology is considerate to choose combining a case study and face to face interview with associated professional body in the construction industry who has similar experience that involves in the construction claims and mediation process. The presentation of a case study can reflected the cause and consequence of a claims event as a full story broad and accordingly indicate how the claims falls into a dispute. From the review of the claims process by a case study method, we can easier to understand the fundamental reason why the claims event is arisen and defining the claims type or determining the validity of claims by the point of view as an external third party. Thereafter, based on the stances of the relevant parties on the claims can evaluate the necessarily of the dispute as the claims somehow is without any contractual ground backup but become as a dispute shortly. For the method of face to face interview that is an effectiveness and straight forward path to obtain the result. The professional bodies who has experience on a claims and mediation process are able to tell what the consequence and subsequence of a construction claims and how the dispute resolution process. Moreover, the method for assess the effectiveness of the dispute resolution is by quantified the time cost by these peoples contributed on each case. The case study will select the construction project that has a dispute for detail analysis and illustrate the disputes among the construction industry in Hong Kong. The case study will be considered a recent completed bridge project in Hong Kong. This project is one of the longest cable stayed bridges in the world. The bridge was just completed recently and has 2 years delay from the originally planning. Mediation has had been carried out for settle the claims dispute in early construction stage. For the face to face interviewer selection, it is very depend on the availability of those personnel. Nevertheless, the target interviewer is decide to meet minimum 4 professional body involved in this project, assuming the key data can be obtained among these professional body. Restraints/Limitations In this research paper, it can be foreseeable the difficulty to systemize and identify the dispute nature among the construction industry. Initially, to collect the claims issue event from the as-built real construction project is time consuming and require lots of contacts to meet this objective but the outcome may not be satisfied to achieve the original idea as the industry always keep the claims as a confidential issue and not open to irrelative parties. Eventhough the claims was settled completely and not necessary proceed to kinds of litigation or arbitration, the information regarding the settlement definitely involves a sum of monies that the industry still inclined not to release the details as a reference for any further similar claims. Whilst the peoples who involves in the claims process of a construction project are very limited to Claims consultancy, Q.S. or senior manager. These peoples are always difficult to reach and as the industry norms, the fact of the claims event may not present thorough. It means the realistic of claims event may be questionable due to the limitation of the sources. Nevertheless, for simplify the evaluation of the effectiveness of the dispute resolutions is quantifying the time cost and feedback from the disputants, further measure the applicable frequency of this resolution. Research Programme Please refer to Appendix A Ethics and Safety Approval Please refer to Appendix B REFERENCES: Fisher, T. (1994) Construction Mediation. Dispute Resolution Journa, March 1994, pp.8-16. Harmon, K. (2003) Resolution of Construction Disputes:A Review of Current methodologies. Leadership and management in Engineering, October 2003, pp.187-197. Flake, R. and Perin, S. (2003) Mediating Construction Disputes:What Works and What Doesnt. Construction, May/July 2003, pp.24-34 Hassanein, A. and Nemr, W. (2007) Construction Claims in Egypt:Contrasts and Similarities With Published Literature. AACE International Transactions, INT.04, pp.1-5 Mcdonald, P. (1984) Construction claims costing for owners and contractors. Construction management and Economics, 2, pp.1-12. Baki, M. (1999) Delay Claims management in Construction A Step-by-Step Approach. Cost Engineering, 41(10), pp.36-48. Chester, M. and Hendrickson, C. (2005) Cost Impacts, Scheduling Impacts, and the Claims Process during Construction. Journal of construction engineering and management, January 2005, pp.102-107. McDuff, C. And Ray, M. (2002) Total Cost Construction Claims Tactics. AACE International Transactions, CDR 11, pp.1-3. Goyal, B. (1996) Consturciton Claims and Disputes:Causes and Cost/Time overruns. Journal of construction engineering and management, June 1996, pp.197-198. Brooker, P. And Lavers, A. (1997) Perceptions of alternative dispute resolution as constraints upon its use in the UK construction industry. Construction management and Economics,15, pp.519-526. Thompson, M. and Vorster, m. and Groton, J. (2000) Innovations to Mange Disputes:DRB and NEC. Journal of construction engineering and management, October 2000, pp.51-59. Cheung, SO. and Yiu, TW. and Yeung, SF. (2006) A study of Styles and outcomes in Construction dispute Negotiation. Journal of construction engineering and management, August 2006, pp.805-813. Treacy, T. (1995) Use of alternative dispute resolution in the construction industry. Journal of construction engineering and management, January 1995, pp.58-63. Mcgreevy, S. (2005) Arbitration, mediation, ligtigation:Whats best?. Mcgreevy on Law. Joyce, W. (2008) Returning Arbitration to an effective process in construction contracts. Dispute resolution journal, July 2008, pp.15-18. Shapiro, J. (2002) using Mediation and Arbitration to Resolve Construction Disputes. Business Credit, November 2002, pp.59-61. Kuzma, S. and Hoffman, D. and Bradley, L. (2002) The Impact of Daubert on Expert Testimony in Construction Disputes. Construction Law and Business, 3(1), pp.19-23. Gransberg, D. and Joplin, A. (2000) Developing Construction Claims for Arbitration:Two Arbitrators Viewpoint. Cost Engineering, 42(7), pp.29-31. Yiu, TW. and Cheung, SO. and Mok, FM. (2006) Logistic Likelihood analysis of mediation outcomes. Journal of construction engineering and management, October 2006, pp.1026-1036. Spalj, G. (2005) Construction Disputes. Construction Bulletin, 14 October 2005, pp.3-6. Hills, M. (1995) Building Contract procedures in Hong Kong. 3rd ed., Hong Kong:Longman.
Subscribe to:
Posts (Atom)