Heartache and heartbreak are hard enough to endure but imagine having to go through the loss of a relationship while the world looks on. Such is the high price of celebrity divorce and the latest victim is the beautiful and talented television chef, Nigella Lawson. Shocking photos of Nigella apparently being choked by her husband, Charles Saatchi, surfaced in the media following the June 9th dinner at Scott’s restaurant in Mayfair, London, where the incident occurred. Saatchi’s advisors urged him to humble himself and admit a public apology for the assault. Saatchi denied any wrongdoing, saying he never assaulted her and in fact, was actually removing mucous from his wife’s nose. Nigella was stunned by the admonition of “nose-picking” and his refusal to apologize. She left Saatchi and their family home in Chelsea.
Resolving Legal Disputes
Dispute resolution has to do with the impartial rectification of conflict between individuals or parties. More specifically it is the utilization and execution of methods that are designed to resolve conflicts. In a case in which there is a dispute between people or groups, often times a third, neutral, party is selected to be an impartial representative for the disputing persons. Although dispute resolution can refer to resolutions both in and out of the court, it mainly applies to disputes that are settled outside of the legal framework of the judicial system.
Two of the most common types of dispute resolution are known as adjudicative and consensual. While adjudicative resolution requires a third party to mediate the outcome, such as a judge or jury, and usually involves some form of litigation, consensual resolution is the attempt to solve the issue between the two disputing parties without involving a third party, although at times a neutral arbitrator will be selected to preside over the case, though they will often be there not so much for authoritative purposes but more as a council to keep things fair. There is also a third upcoming type of dispute resolution, online dispute resolution, or ODR, which has become more popular in recent years with the rise of the internet’s prominence in daily life, but it is mainly the application of traditional consensual resolution practices, only adapted to the online environment.
Many disputes can be solved simply through adherence to the law, however, sometimes issues arise that the legal structure isn’t equipped to handle, and so a third party is chosen to resolve the conflict. These types of conflict fall within the jurisdiction of the law and so will be relegated to the political system for arbitration. Judicial resolutions are conflicts that will be, hopefully, settled by the court. In the United States, this is often the case with dispute resolution. This form of resolution usually involves litigation. This is the use of outside individuals to argue for or against the disputing parties. In a courtroom, the lawyers are the litigators, while the judge and jury listen to the arguments in order to come to their decisions.
Extrajudicial resolution is non-court settlement of conflict. Also known as alternative dispute resolution, or ADR, this is what people are usually referring to when discussing dispute resolution. ADR is usually more efficient, cost effective, and less time consuming than judicial resolutions. Extrajudicial resolution concerns various types of ways to settle conflict. These include arbitration and mediation. In arbitration neutral individuals will listen to both sides of an argument and render a decision based on evidence. Unlike the court systems, this proceeding doesn’t necessarily include a binding agreement with the parties.
Mediation is used in extrajudicial resolution as a way to open a dialogue between conflicting parties. The idea is to use a trained neutral third party in order to come up with unique solutions to solve the issue. A mediator is trained to be both an effective negotiator as well as an excellent communicator. A mediator is like a judge in that they cannot take sides, and they do not give legal advice either. Their decisions are not obligatorily followed, though they tend to be followed since the mediators are trained to make decisions that benefit both parties.
The techniques used in dispute resolution can be used both in and outside of the court room. It is often used by individuals who wish to speed up the process by not having to get into the political system. However, they are useful in many cases where individuals wish to come to the most beneficial agreement for all the parties involved.
Twitter Weekly Updates for 2010-07-17
- RT @mymoneyshrugged: The government breaks your leg, and hands you a crutch saying "see without me, you couldn't walk." #
- @bargainr What weeks do you need a FoF host for? in reply to bargainr #
- Awesome tagline: The coolest you'll look pooping your pants. Yay, @Huggies! #
- A textbook is not the real world. Not all business management professors understand marketing. #
- RT @thegoodhuman: Walden on work "spending best part of one's life earning money in order to enjoy (cont) http://tl.gd/2gugo6 #
Small Business Solutions to Aid Expansion
For most small businesses much of their strategy will be tailored towards expansion. The transition between being a small and medium sized enterprise can, however, be as tough as it is important. What makes a successful businessman or entrepreneur is the ability to spot the areas in which their business can effect simple changes which have far reaching implications for the success of their company.
Stability online
One of the first places any entrepreneur should look at is cost-effective and comprehensive insurance cover. Firms like Hiscox – Business Insurance Specialist can aid small businesses by looking at what areas of their current business are vulnerable and need cover.
A common problem for smaller businesses which operate largely online can be the type of server they use. Basic servers do not offer the stability a business needs to thrive. For a small business, time offline can be a disaster. Unfortunately, dedicated servers are often costly and, however useful they are in a number of ways, they tend to provide a service which reaches beyond the requirements of most small businesses.
Shared servers often do not provide the flexibility that small businesses need to make the transition to the next stage. As we’ve mentioned, dedicated servers are rarely a viable option for most small companies; instead, many opt to use a virtual private server which simulates many dedicated server features while remaining integrated into a larger, shared server.
Using a virtual private server is a cost-effective way for small businesses to take full control over their server and to apply upgrades as they see fit. The increased levels of performance and independence that virtual private servers can offer a small business can be vital to the realisation of their expansion dreams.
Be critical when considering opportunities
When your company begins to grow and succeed, things are likely to snowball. It is not uncommon for small businesses to face merger propositions and takeover offers. To many young entrepreneurs, this can seem an attractive prospect. Often such deals will involve impressive, short-term financial benefits that make them look appealing to the newly successful business owner.
While mergers and acquisitions can benefit all parties involved, it is important to remain level-headed when considering offers from other companies. For example, in Bain & Company’s 2004 study, they found that shareholder value did not increase in 70% of mergers. A further study conducted at Paris’s Sorbonne found that in excess of 90% of European mergers failed to meet their financial targets.*
Independence and success
The business world has changed rapidly in recent years with the inclusion of social media sites into many businesses’ marketing strategies. With this shift in marketing procedure, the playing field from which businesses are able to reach out to customers has been levelled. This has positive implications worth considering for the small business owner.
It is now possible for any small business to reach millions of people without spending a penny on advertising. Thus, the need for smaller companies to accept stubborn deals from larger companies is lessening. This is not to say that mergers are no longer a viable option for small businesses. Often the resources available to larger companies are indispensable to the smaller company. Instead, this shift in the market could well see small businesses being made more attractive deals by larger companies with a vested interest in the takeover of young and growing companies: just look at the recent Facebook purchase of Instagram.
If your business is facing a similar request or even considering the takeover of a smaller business, speaking with specialists is an invaluable option. Experts can offer advice on the way that such methods of expansion will affect your business and the premiums that you pay.
Utilize Social Media
The establishment of a successful business in today’s climate requires a shrewd and thorough reading of the options available to you online. With a huge proportion of business, small and large, creating a presence on social media and networking websites, this is an area that no small business can afford to ignore.
While business accounts with Facebook, Twitter and LinkedIn are already seen as somewhat necessary tools to the success of a business, use of social media need not stop there. Entrepreneurs who want to get their business on top will be looking to new services such as Google Plus, ensuring that they are the first amongst their competitors to join. Whichever social media platform your business deals with, it is essential to keep your account active, positive and efficient.
*http://edition.cnn.com/2009/BUSINESS/05/21/merger.marriage/index.html
This is a guest post.
Twitter Weekly Updates for 2010-04-10
- "The best way to spend your money is to spend it on time, not on stuff." http://su.pr/2tr5iP #
- First bonus by stock options today. Not sure I'm impressed. #
- RT @chrisguillebeau: US border control just walked the train asking "Are you a US citizen?" Native American guy says: "One of the originals" #
- @FARNOOSH My credit score is A measure of my integrity not THE measure. in reply to FARNOOSH #
- I'm listening to a grunge/metal cover of "You are my sunshine" #
- There's something funny about a guy on reality TV whining about how private he is. #LAInk #
Repair Plans, Appliances, and Rancid Meat…Oh, My!
We recently had our annual barbecue. (For the purists, I am Minnesotan. Barbecue means “cooked over fire”.) Due to massive scheduling conflicts, it was a bit smaller than normal; only about 20 people came. At least 10 other people RSVP-ed that they were going to make it, but didn’t. Grr.
Naturally, we had food for everyone said they would be there and enough for half of the people who didn’t say anything, since Minnesotans don’t RSVP well. That translates to a lot of leftovers. No problem. After all, leftover ribs are hardly a punishment.
Sunday morning, we woke up to find that our refrigerator was happier at room temperature than the standard “cold”. We didn’t know it at the time, but the defrost unit was borked, so the cold air couldn’t circulate from the freezer to the refrigerator. Bye-bye leftovers. Hello, Mr. Repairman. We needed an excuse to clean out the fridge, anyway, but not at the price of my beautifully seared meat! (Sadness strikes.)
Monday evening, the repairman came out, worked for 2 hours and left a functional refrigerator and a $240 invoice in his wake. Thankfully, we are on the appliance repair plan through the gas company. We pay $26.40 per month to cover repairs to our range, water heater, furnace, drier, sewer main, and refrigerator. The first four items are standard, the final two are options that cost extra.
We originally got on the plan for the sewer main. We had a tree whose roots grew into the main and clogged it every year. A backed-up sewer main is a crappy way to wake up. Getting that snaked to the street cost $200 per year. At the time, without the refrigerator, the plan cost about $12 per month. One $200 call-out more than paid for the plan for the year. That was easy math. Now, our 20 year old refrigerator has been repaired twice in the last year, giving us $500 worth of repairs for $316.80. I would like to take this time to thank all of the people with reliable appliances for subsidizing my repairs.
My furnace, drier, and range are all reasonably new and shouldn’t need repairs any time soon, but the refrigerator and sewer main have paid for the plan themselves, several times over.
Should you get a similar plan? If your covered appliances are more than 4-5 years old, I would consider it. If they are more than 10 years old, I wouldn’t hesitate at all. Repairing quality appliances is cheaper than replacing them, especially when the repair cost is paid monthly and subsidized.
Do you use a service plan?