The role of ombudsman in ADR and its impact on sovereign government Coursework

The role of ombudsman in ADR and its impact on sovereign government - Coursework Example While usually asked by one party or the other to become involved, the ombudsman may take the initiative without being requested to do so. While formal definition of the role is not legally universally accepted, the description of the role is generally as stated and practiced within the limits and specifications of various legal systems and constitutions. Functioning on local, national and international level, the role of ombudsman is the purest and most effective form of alternative dispute resolution between individuals and more powerful entities. The Ombudsman: Concept and Mechanisms for ADR The role of Alternate Dispute Resolution (ADR) in resolving the grievances of private citizens has expanded over the years to achieve a status even among attorneys as a valid legal and useful practice. Rather than merely an alternative to costly litigation, it has resurrected ‘traditional notions’ about the use of negotiation and out of court settlement.1 Over the past two decades ADR has evolved into a complex arena for settling disputes, encouraged by the rise in popularity and acceptance of the ombudsman as prime impartial negotiator. With the increased use of ombudsmen, officials in this role can be found at all levels of government, as well as in settings of private industry and academia. Modeled on a long established Swedish precedent, the concept took hold in Europe the 1960s along with a growing ‘power to the people’ movement seeking redress for the average person against the powerful forces of government and industry in dispute situations. Ombudsman were to assist in achieving fairness by means of independence, unfettered access to records and persons, careful investigation, impartiality and the prestige of the office. Ombudsman today can be found in almost any official capacity where parties involved in disputes are in need of an impartial negotiator. Differences in the operational aspect among these negotiating agents often depend upon where he or she is expected to function, but always within the clearly defined parameters of impartiality and/or political neutrality. In the private corporate environment, the ombudsman may not only resolve differences between workers and employers, but often affect better conditions in the workplace that discourage extreme acts by the offended party or parties as a means to resolution. Mechanisms employed in these circumstances may prove simple or complex, depending upon the nature of the grievances or dispute, as well as the commitment and attitudes of the parties at odds. The goal, however, is always the same: a fair resolution to a conflict of interests that satisfies and is fair to both parties achieved in a non-litigious setting. In the public arena--as in disputes with government and public agencies—the ombudsman also functions as a bureaucratic monitoring mechanism. Basically, the activity in the public realm may be viewed as threefold: as stopgap measure to holding administrators accountable for treatment of citizens; as righting wrongs done to citizens, and as a tool to dissuade citizens from becoming alienated from the tangled government bureaucracy, rendering it, or seemingly so, more human and personal. As watchdogs, ombudsman look for potential government abuses, and at times, as is fair and appropriate to their role as impartial mediators, they can also vindicate officials unjustly charged in a grievance with wrongdoing.2 The position then is a hedge against what many citizens see as an all powerful bureaucratic

Explain what it means to be educated. Make sure you use at least one Essay

Explain what it means to be educated. Make sure you use at least one reading as the base of your argument - Essay Example In reality, to be educated means to have knowledge, potential to think, ability to learn, and the capacity to make use of language. The mental capability of such an individual enables one to have awareness of any vagueness, realize when knowledge is missing, open minded, readiness, capability to doubt, questions things, logical curiosity, and happy to learn. Education has the potential to enhance knowledge, skill, and attitude which empowers individual’s to deal with problems. In this way, an educated person is one who has the power to deal with life problems using the experiences that come from education. For instance, in â€Å"Coming to an Awareness of Language† by Malcolm X, it is clear that Malcolm was uneducated because he could not read or write. However, he transformed himself and began to teach himself vocabulary from the dictionary and from this he began gaining knowledge. This knowledge opened his language skills to begin writing coherently and precisely in wo rds that could be understood (Buscemi and Smith, 2012). An educated person should have not only knowledge but also the potential to make informed decisions. It is a case where someone is enlightened about issues and realizes the need to make a certain decision for the betterment of one’s life. An educated person is therefore, familiar with various ideas which shape one’s view of reality. ... Thinking abilities are part and pursue of an educated person because this is what leads to making of rational informed resolutions. This thinking ability is still what results in knowledge that an individual holds. Just like if a person is analytically thinking about a physician’s suggestion, one would be required to have a bit of knowledge about medical information. It is now possible to think if the recommendation the doctor is offering makes sense or not. This is because with the thinking ability, the knowledge to make rational decisions for the betterment of one’s life is realized. For instance, Malcolm admires Bimbi from prison because he is eloquent and can contribute in any conversation. It is apparent that Bimbi is educated and can converse easily because his thinking abilities translate to knowledge. In the same, way Malcolm assumes this thinking ability by taking Bimbi as his role model and works hard to learn the language (Buscemi and Smith, 2012). It is also evident that an educated individual has learning abilities to independently cope with the changing society. It is not possible for a person who cannot learn independently to be regarded as educated. Independent learning is not only reading books or internet materials but the ability to acquire knowledge through personal effort. This could be to learn through the existing material or creating understanding where there is none. This is the art of rational inquiry where a person has the potential to absorb or acquire information without any reliance on other people’s opinion. Learning is the process of expanding, modification, and refining existing knowledge which further, strengthens the thinking potential. For instance, from â€Å"Coming to an Awareness of