воскресенье, 23 февраля 2020 г.
It is intended that small claims should be subjected to a process that Essay
It is intended that small claims should be subjected to a process that is easy to use and cheap for litigants. To what extent do - Essay Example This is important, because the small claims court is clogged with cases, according to the Bello (2010). There were 84,000 cases that were heard in the small claims court system in 2008, which most commonly include consumer compensation cases for faulty services, faulty goods and personal injury; cases for wages owed; and debt recovery for corporate creditors (Bello, 2010). The purpose of the small claims court, according to Bello (2010) is that they are informal courts ââ¬â litigants can represent themselves, because the focus is on a process that is easily understandable to everybody. Evolution of the Small Claims Courts The evolution of the small claims court procedures have evolved. In 1973, according to the Bello (2010), the upper limit for the small claims court was only ?75. Obviously, the amount has grown substantially by then, and is going to grow even more. More importantly, the process has been streamlined by the changes in the Civil Procedure Rules which stated that, i n 1998, that there would be one set of rules for the civil claims in the high court and the county court, and that there would be special provisions made for small claims. ... This TCE Act, according to the HM Court and Tribunals Service, instituted a way of handling reviews and appeals. There is an Upper Tribunal, which decides appeals from the First-tier Tribunal. Each of these tribunals are also split into Chambers, each of which have their own rules and procedures. What this has done, according to the HM Courts and Tribunals Service, is provided a single mechanism by which a litigant may appeal the tribunal's decision. The Upper Tribunal's decision is not final, however, as it may also be appealed to the Court of Appeal (HM Court and Tribunal's Service). Mediation Probably the most important method that is being used to streamline the process of small claims, is the process of mediation. This has made the process cheaper and easier to use, at least in theory. Tagg (2010) explains that mediation in the English and Welsh courts began around 20 years ago with commercial disputes, and around 10 years ago for small claims issues. The rules of mediation are governed by Civil Justice Reforms implemented in 1999, and codified in the Civil Procedure Rules. In the small claims court system, according to Tagg (2010), there were reforms put into place in 2005/2006, in which the Alternative Dispute Resolution (ADR) was made free to users. This is because the low amount of the claims would make paying for mediation not cost-effective. The small claims mediation service, which was implemented in the Manchester County Court after the reforms, was the most effective, and resulted in the greatest satisfaction and settlements. So, this was rolled out across England and Wales, and has since become well-established. This is a voluntary service (Tagg, 2010). The mediation process has some aspects in common, according to Reid (2007). Reid
четверг, 6 февраля 2020 г.
Leadership Styles and its impact onThe Development Learning at Literature review
Leadership Styles and its impact onThe Development Learning at Universities - Literature review Example The paper tells that since time immemorial, humans have constantly been engaging in social activities that out of necessity resulted in some individuals becoming leaders while others took the role of following the roles of the leaders. In as much as some theorist may suggest that every person is a leader of his or her own, but in this case, we would like to speak of a leader one who is at the top of any organizational pyramid after appointment, promotion, attrition or the like. In recent times, as the population continues to expand and there got an increase in interdependence in all human areas, leadership started taking keen toll on management. As population increases, the need of having appropriate leaders to lead groups of people has emanated. In accordance to Northhouse, leadership becomes defined as a process where a person influences a certain group of people to achieve a given common goal. Leadership remains to be a term that evolved through time and became lately more popular as interests in it continued. Leadership began mostly with the productivity law that states that the most productive individuals became awarded something or an honor. It then evolved to become a management law when people became supposed to manage other individuals in order to improve on productivity leading to it becoming leadership law. In any learning institution for instance, there are many different leaders that got different styles plus different levels of popularity. Leadership styles Leadership style in simple terms can be described as how an individual plays a given role. In addition, it could imply how a given individual reacts, decides, interacts and treats other people. Kurt Lewin (1939, p.78) led some researchers in identify various different styles of leadership. From his research and many more on leadership styles, there are over 10 leadership styles that became identified in influencing developmental learning in universities (Goleman 2004, p.18). Examples of basic l eadership styles commonly employed in university settings by the leaders include autocratic, bureaucratic, Laissez faire and democratic leadership. Other leadership styles include transformational leadership, transactional, creative, corrective, change, intelligence, multicultural, pedagogical, bridging, servant and purposeful leadership (Dereli 2010, p.6; Glanz 2002, p.3; Kippenberger 2002, p.10). History The interest and documentation of academic leadership more so began in the middle part of the 20th century. It started with seminal works focused specifically on the notion that most successful leaders were in possession of certain intellectual and physical attributes that made them become successful in leading others. The trait theory, emanated as a product of leadership positions bestowed by a higher power historically through birthright therefore, producing the belief that most leaders get born rather than made. One of the first published work in this field belonged to Stogdill . Stogdill and Shartle (1948, p.3) approached this work with intentions of identifying key traits perceived as common attributes associated with successful leaders. After Stogdill and Shartle, many more studies became conducted to add up to their list of leadership traits (Mann 1959, p.34; Locke & Kirkpatrick 1991, p.56; Alliger, Lord 1986, p.67). A lot of differences and commonalities in the leadership traits identified by some of these researchers continued to show prevalence among various academic institutions. After the Stogdill and Shartle, additional efforts became placed on coming up with things that make an individual possess strong leadership skills. This led to the birth of the skills approach in ascertain some leadership qualities (Lewis 1993, p.18). The skills approach disagrees with the trait approach in a number of ways. In as much as both the skills approa
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