Family and Child Law: Negotiation

Family and Child Law: Negotiation Introduction Addressing the position of the parties on these facts, their views as to desired outcome are completely opposed in respect of where the children should be live. It is interesting to note however, that whilst Isabelle wants to relocate to Canada,[1] she suggests that she may remain in England if the children cannot move with her. In other words, she may be open to staying to have a better relationship with the children. The importance of this is that Isabelle is not completely inflexible. Initial Discussions with Isabelle Two important initial points must be made clear to Isabelle. The first, is that the Court will only make an order in respect of children if it believes that it is necessary for the childrens best interests.[2] Secondly, it is the childrens wellbeing that is paramount in all considerations for these issues.[3] Even though previously the Courts may have suggested that the effect on a parent not being able to relocate should be given great weight,[4] this approach is now considered wrong and the impact on the parent is only one of several factors taken into account when assessing the effect on the childs welfare.[5] In this respect, the welfare-checklist factors[6] are relevant considerations.[7] To this end, Isabelle must, prior to commencing negotiations, be made aware that she should approach the matter by considering what approach the Court might take. The CAFCASS report, whilst not making any specific recommendations, suggest that an order may be necessary in this circumstance and therefore, whilst the Court is not obliged to make an order of the type sought by the parties,[8] is likely to do so. This means that Isabelle should be made aware that if she does not reach a negotiated settlement, the Court may make orders of the type sought by Russell. It may not do, of course, but it would be wrong for Isabelle to enter negotiations believing that the Court will favour her position in any way. This approach may assist Isabelle in being more open to compromise. Furthermore, Isabelle, in her email, demonstrated a degree of anger towards Russell in respect of her assertions regarding to affairs and drug use. Isabelle also shows a great deal of animosity towards Destiny. She should be made aware that this kind of approach will not assist in terms of engendering co-operation from Russell, and may ultimately be damaging should the matter proceed to Court.[9] In this respect, the authority on these matters will consider the true reason for the wish to relocate,[10] and may consider that Isabelles real reason for wishing to take the children is to limit their contact with Russell, rather than her suggested intention that the move would give them a new start and a better standard of living.[11] Isabelle would also be extremely ill advised to mention Russells alleged drug use, given that she freely admits that she has used drugs recreationally. Negotiation Options Contact, is a fundamental right for children[12] and parents.[13] It seems clear that Isabelle will not convince Russell that the children should be allowed to leave with her unless she is able to provide a robust solution in respect of contact.[14] To this end, she must offer contact for all or most of the childrens school-holidays,[15] and must be open to indirect-contact(Skype)[16] in Canada at other times. It also seems sensible that she should consider addressing the issue of how daily contact can be affected given the time difference. Although the children are perhaps a little young, offering to provide them with some way of contacting their father whenever they want may assist. It seems that she may also have to accept that the children will have contact with Destiny and that they enjoy the contact they have. Whilst this approach may assist Isabelle, it seems that the CAFCASS report is moderately in favour of retaining the status-quo[17] and, because this is something that the Courts consider very important in respect of welfare,[18] (this approach is reflected throughout the welfare-checklist comments made by CAFCASS) it is possible that Isabelle may need to make concessions beyond simply allowing extensive contact. It is, at this stage, that Isabelle may be faced with a difficult decision and it may be appropriate to expressly ask her prior to negotiations whether moving to Canada, promotion and Pierre are more important than regular contact with the children.[19] This may shock her, but will clarify the position in her mind. If Isabelle decided to move to Canada alone, it seems reasonable for her to be able to assert that similar robust contact arrangements are put in place. It also seems that, based on the CAFCASSs view that the children enjoy contact with their maternal grandparents that such an approach may be acceptable to the Court and ought to be accepted by Russell. If Isabelle decides to remain in England, the position becomes less complicated, in that the current residence and contact provisions can be maintained. It seems reasonable that if Isabelle can show that she can alter her work patterns accordingly, she could seek to extend this contact, but since she asserts that the children spend 50% of their time with her already, she may have difficulty in justifying further contact. It is important to stress to Isabelle that the fact that she does not like Destiny is irrelevant because, according to CAFCASSS, the children like her and she can take care of them.[20] Conclusions If Isabelle is intransigent regarding relocation, the only concession she can make is to offer extended contact. On balance, the Courts may favour the status-quo and prevent the children leaving for Canada. Presuming that Russell is properly advised and aware of this, it seems likely that he will retain his current position. In this circumstance, Isabelle must attempt to secure her regular contact with the children. This will be the case regardless of whether she chooses to remain in England or leave for Canada without the children. It seems likely that the Court would support contact. 1000 Words Bibliography Primary Sources Table of Cases K v K (Relocation: Shared Care Arrangement) [2011] EWCA Civ 793 K v K [1992] 2 FLR 98 M v F [2016] EWHC 3914 (Fam) Payne v Payne [2001] EWCA Civ 166 Re AR [2010] EWHC 1346 Re B (RO: Status Quo) [1998] 1 FLR 368 Re F (International Relocation Cases) [2015] EWCA Civ 882 Re H (Children) (Residence Order) [2007] 2 FCR 621 Re L (A Child) [2016] EWCA CIV 821 Re W [2005] EWCA Civ 1614 Table of Legislation: UK Children Act 1989 Table of Legislation: EU European Convention on Human Rights 1950 The United Nation Convention on the Rights of the Child 1989 Secondary Sources Table of textbooks Gilmore S and Glennon L, Hayes and Williams Family Law (5th edn, OUP 2016) Herring J, Family Law (Longman Law Series) (7th edn, Pearson 2015) Lowe N and Douglas G, Bromleys Family Law (11th edn, OUP 2015) [1] Children Act 1989, s 8(1). [2] Children Act 1989, s 1(5). [3] Children Act 1989, s 1(1). [4] Payne v Payne [2001] EWCA Civ 166. [5] Re F (International Relocation Cases) [2015] EWCA Civ 882 [49]. [6] Children Act 1989, s 1(3). [7] Re F (International Relocation Cases) [2015] EWCA Civ 882. [8] Children Act 1989, s 1(3)(g). [9] K v K [1992] 2 FLR 98. [10] Payne v Payne [2001] EWCA Civ 166 [40] (LJ Thorpe). [11] K v K (Relocation: Shared Care Arrangement) [2011] EWCA Civ 793. [12] United Nations Convention of the Rights of the Child, Art9(1). [13] European Convention of Human Rights 1950, Art8. [14] Re AR [2010] EWHC 1346. [15] Re L (A Child) [2016] EWCA CIV 821. [16] M v F [2016] EWHC 3914 (Fam). [17] Re B (RO: Status Quo) [1998] 1 FLR 368. [18] Re H (Children) (Residence Order) [2007] 2 FCR 621. [19] Re W [2005] EWCA Civ 1614. [20] Children Act 1989, s 1(3)(f).

Essay on Order and Superstition in the Tragedies of William Shakespeare

Order and Superstition in the Tragedies of Shakespeare   Ã‚  Ã‚   The concept of order was an extremely important one to William Shakespeare, and to Elizabethans in general. We in the existentialist atomic age have little trouble conceiving of an individual man or woman as the only beacon of light in a world gone irrevocably and irredeemably mad, but this would be inconceivable to Shakespeare and his audience. Shakespeare staunchly followed the common Elizabethan conception of the universe as deliberately and benevolently patterned and planned; when, for some reason, something happened to temporarily force things out of kilter, individual people might suffer, but the universe would soon right itself and life would go on. This belief in a divine plan also underwrote Shakespeare's usage of portents and omens in such plays as Julius Caesar and Macbeth; because he saw the world as something planned and coherent, it is possible to divine that plan through supernatural sources. But there is little point; to try to force one's will against fa te, Shakespeare tells us, will inevitably end in tragedy.       The presence of superstition would seem to be unrelated to this passionate belief in order, but in fact it is inextricable from it. All occult practices, including divination as well as the casting of spells, presuppose a consistent pattern in the universe, where, in the words of Sir James Frazer, "a red stone. . . may be thought to have the property necessary to produce red blood, and when the production of red blood is demanded, the red stone naturally presents itself to the primitive mind as a potential source whence the redness may be borrowed" (Frazer, 170). This kind of metaphoric connection between all kinds of rednesses ... ..., it signifies a departure from our underlying suppositions about how the world really works; that is what the word "supernatural" means. But in Macbeth and Julius Caesar, such devices actually work to reinforce Shakespeare's perception of the world as an ordered place in which there is a coherent plan -- both because this is what Shakespeare truly believed and because this is what his audience believed as well.    Works Cited: Asimov, Isaac. Asimov's Guide to Shakespeare. Avenel Books, NY, 1978. Frazer, Sir James. The New Golden Bough. Mentor Books, NY, 1959. Jorgenson, Paul. William Shakespeare: The Tragedies. G.K. Hall, Boston, 1995. Shakespeare, William. The Complete Works. Nelson Doubleday Edition, Garden City, NY, 2001. Ferguson, Francis. "Macbeth as the Imitation of an Action," from Shakespeare: The Tragedies. Prentice-Hall, NY, 1994. Essay on Order and Superstition in the Tragedies of William Shakespeare Order and Superstition in the Tragedies of Shakespeare   Ã‚  Ã‚   The concept of order was an extremely important one to William Shakespeare, and to Elizabethans in general. We in the existentialist atomic age have little trouble conceiving of an individual man or woman as the only beacon of light in a world gone irrevocably and irredeemably mad, but this would be inconceivable to Shakespeare and his audience. Shakespeare staunchly followed the common Elizabethan conception of the universe as deliberately and benevolently patterned and planned; when, for some reason, something happened to temporarily force things out of kilter, individual people might suffer, but the universe would soon right itself and life would go on. This belief in a divine plan also underwrote Shakespeare's usage of portents and omens in such plays as Julius Caesar and Macbeth; because he saw the world as something planned and coherent, it is possible to divine that plan through supernatural sources. But there is little point; to try to force one's will against fa te, Shakespeare tells us, will inevitably end in tragedy.       The presence of superstition would seem to be unrelated to this passionate belief in order, but in fact it is inextricable from it. All occult practices, including divination as well as the casting of spells, presuppose a consistent pattern in the universe, where, in the words of Sir James Frazer, "a red stone. . . may be thought to have the property necessary to produce red blood, and when the production of red blood is demanded, the red stone naturally presents itself to the primitive mind as a potential source whence the redness may be borrowed" (Frazer, 170). This kind of metaphoric connection between all kinds of rednesses ... ..., it signifies a departure from our underlying suppositions about how the world really works; that is what the word "supernatural" means. But in Macbeth and Julius Caesar, such devices actually work to reinforce Shakespeare's perception of the world as an ordered place in which there is a coherent plan -- both because this is what Shakespeare truly believed and because this is what his audience believed as well.    Works Cited: Asimov, Isaac. Asimov's Guide to Shakespeare. Avenel Books, NY, 1978. Frazer, Sir James. The New Golden Bough. Mentor Books, NY, 1959. Jorgenson, Paul. William Shakespeare: The Tragedies. G.K. Hall, Boston, 1995. Shakespeare, William. The Complete Works. Nelson Doubleday Edition, Garden City, NY, 2001. Ferguson, Francis. "Macbeth as the Imitation of an Action," from Shakespeare: The Tragedies. Prentice-Hall, NY, 1994.

Moneyball

At its core, the book Moneyball, to me, is about leadership and overcoming resistance to change to create a sustainable competitive advantage. In Moneyball a new General Manager challenges a traditional industry with a new paradigm. He successfully deals with the resulting resistance from the more tradition oriented employees. In the case of the Oakland A's this has led to a substantial competitive advantage through lower costs (their payroll goes down) and improved output (the have a higher percentage of win’s) which leads to an increase in return (average cost of a run is among the lowest in baseball).This represents a major learning to me, it means that I need to be prepared to challenge the conventional wisdom by being innovative in a traditional company or industry. At the same time it is not enough to be just innovative, you need to be the innovation champion and overcome resistance. Baseball particularly seemed like a very traditional environment which allowed Billie Be an’s radical innovation to lead to significant competitive advantage. His success is achieved through three major achievements: 1) He uses innovation to create a different perspective on a particular market. ) He creates competitive advantage by using his innovation to pick his resources in a different way. 3) He further enhances his advantage by building organizational capability around the new approach he has created. Question 1: What is the best way to think â€Å"out of the box† in a particular situation, business or market to come up with the innovation that will change everything. It was my belief that a different perspective on a particular situation can be created by using imagination, intuition and creativity on top of accepted wisdom.In Moneyball, a new breakthrough approach is achieved through pure technology and in detail statistical analysis. Billy Bean uses the power of statistics to uncover relationships in individual and organizational performance. At t he same time, those objective indicators and statistics, in and of themselves, were not the keys. He was able to find (and proof) those measures that are valid indicators of future successful performance. He managed by using the right empirical data. This makes me wonder if rigorous statistical analysis (i. e. ike sabermetrics in baseball) can be used in any industry or situation to determine the factors most associated with true value to the company. The old way of evaluating players was based on naked eye observation and using 5 measurable indicators, which turned out to not be really connected to future performance. As a consequence the book also teaches me to be very careful not to attribute the wrong cause to a result. In any future position I should search for the right statistics that help me zero in on a couple of key attributes closely related to success.In recent years there are several companies that have used technology and statistical analysis to change the game even in old fashioned industries (Amazon, Capital One, etc†¦). It seems to indicate that almost every market is ripe for such an approach. The secret, as Moneyball shows, lies in finding those factors that are linked to the desired outcome versus those metrics that have traditionally been considered as â€Å"the right ones† for an industry.In the case of baseball it took years before those new ways of measuring performance came through, and even then most of the establishment (the old management) scoffed at them. It took the right way of measuring combined with the right dose of persistence to cause a breakthrough. Question 2: What is the best way to evaluate talent ? The talent evaluation approach in baseball relied on personal scouting (a subjective analysis) using some measurable factors (like foot speed) but which are not proven indicators for future success.In business, talent is also evaluated through observation, which is largely a subjective approach (â€Å"employee xx x is a team player and has the right attitude†) combined with some measurable KPI's (key performance indicators) which are often not directly linked to an employee’s contribution to the value creation in the company. Money ball begs the question if there is a way to exploit the inefficiency of current performance evaluation systems by implementing a novel, fact based, employee performance measurement and feedback system.Can companies copy the sabermetrics approach to talent assessment, selection and utilization ? One can imagine that this is possible in a manufacturing or a sales environment where there is a direct relation between employee action and measurable outcomes. It becomes more difficult in the finance, marketing or human resources arena where the immediate impact of employee actions is less obvious. Therefor it would be a major breakthrough if one would be able to identify those factors that predict success.Billy Bean in Moneyball, after identifying the right empirical data and then training (and convincing) his people of the new approach needs to build organizational capability in using and implementing his new system. In the same way, if a company comes up with a new way of determining what will lead to success (see question 1) it cannot stop at just inventing the new â€Å"system†, the organization needs to build capability to use it as a competitive advantage. To build this capability, employee’s performance needs to be evaluated in the light of how much he/she is contributing to the success of the new approach.Usually this capability is built through more â€Å"intangible factors† like company culture, teamwork, motivation etc†¦ Question 3: What is the key driver of building a successful business ? I have been influenced several books (like Blink) or the success of a Facebook, so upto now I assumed that the way to build a business is largely by intuition, belief and drive†¦ Find something you think co nsumers are interested in and then build it. In Moneyball it is exactly the opposite: success (in the form of superior financial performance) is achieved through meticulous measurement and theory testing.There is a very clear process and approach behind the success of the Oakland A’s: decisions are based on first demanding empirical evidence; second, examining the cause-and-effect reasoning that would explain the empirical evidence; third, experimentation; and fourth, continuous learning. Moneyball is a case study on the application of evidence-based management. It boils down to a very logical cause-and effect analysis of the links between resources, cost of resources and performance.Bonus question: Why do colleges pay so much attention to test scores for MBA programs if it is highly probable that my test scores will not relate to my future success in business ? Moneyball clearly makes the point that success does not just depend of having a lot of good data but mainly on havi ng data that are clearly linked to a positive, successfull outcome. It appears that, looking at all the stories of successful businesspeople that did not even finish college, MBA programs should investigate the link between their admission criteria and future success†¦As a consequence an intensely competitive market for graduates of â€Å"elite† programs has emerged, resulting in prices being bid up relative to the next tier of MBA programs. However, â€Å"second tier† programs have highly talented students who receive excellent educations, and thus, are well positioned to be successful executives. Hiring companies could find ways to assess the abilities of MBA students at these programs and obtain excellent talent at a discount relative to the graduates of top schools. Moneyball Moneyball is a book written by Michael Lewis when he follow Oakland A’s general manager Billy Beane in the summer of 2003 to see about his approach to running a major league organization. He figures out that just because you may not have all of the money in the world, say like the New York Yankees, that you can still win your division and make the playoffs. Billy Beane shows you his approach at how he win’s as many games as he does that no other team was willing to follow.He would pay attention to statistics that no one else did, like on base percentage, amount of walks, and slugging percentage, and made his team into one of the best in the majors. Since his theory has been proven it’s been shown that on base percentage and slugging percentage are better signs of offensive success and avoiding an out is more important than getting a hit.Oakland had one of the smallest payrolls in the league with $55 million and were forced to get small market players to fill thei r roster. That meant that every pick they had in the amateur draft counted and couldn’t afford to miss. In the book it talks about how Billy got his idea on why to run his organization like this, and he got it from Bill James. Bill James was a writer and obsessive baseball fan who wrote many books on baseball, but his Baseball Abstract are the ones that had the most impact.James’ books though were laughed at when they first came out and didn’t really make an impact until Billy Beane, who had read every book of James’, ran his organization like James’ had said to. Ever since then almost every club has changed how they go about picking up players and using players. Moneyball is one of the best books of all time and has helped changed the way baseball is looked at and played in many peoples eyes and even in major league organizations.