International Negotiation & Bargaining Essay Example for Free

International Negotiation Bargaining Essay 1.- What, in general, did you learn about negotiation from the exercise? What surprised you? What would you do differently if you had a chance to do the exercise again? In general I learned that trust plays a significant role during negotiation; because here in this exercise and in the most cases of negotiation at the beginning you feel a hard atmosphere but to establish rapport is not an option. Then you need to get focus in the interest of each person and not just defending your position. It was good to us to open all the issues to resolve, so we are able to see the complete picture and not only one issue per time. This allows to use give the options necessary to give and receive and knowing what is the most matter to the other person and for me. I was surprised with one point I think was the point of the women during the excursion we both have the same interest, I noticed because my other part wants the same of me, and sometimes you believe that always will have opposing interests . I will do different definitely to trust more in my partner to be honest and since the begging tell him these are the things that they are most important for me, what are yours..? 2.- How did the actual outcome of the exercise compare to the pre-negotiation strategy you developed? How do you correlate preparation with outcome? As my professor mentioned that a Coach said: Failing in prepare, is preparing to fail. You need to develop your strategy and arguments to be consistent and explain very well the whys. I did not win in all the points that I wanted; but I did achieve the Best alternative to a negotiated agreement (BATNA). Of course they have a positive correlation the more you prepare the more you achieve and vice versa. 3.- How did the concepts of preparation, power (structural and/or personal), relationship, interest, batna and or mutual gains, etc. addressed in the class and in the class readings (reference required) actually occur in this exercise? Well first this exercise began with a hard bargaining and realized because we both wanted to defend the position instead the interested and of course nobody has enough trust. I immediately try to change this because I had read that this kind of negotiation is going to fail, so I decided to apply the what I have learned and focus in the interests and to establish rapport as soon as posible. I listen well the interested and I try to be objettive, consistent and realistic with the whys and the reason that I want each point not just because I want, that could be the worst you can do, so preparation is very important because in a few words is how you are going to sell your idea or interest. I was very useful to know that we need to give a take process, and looking for a non-zero-sum, Win-Win. I think as the climber needs to be very carefully in what we say, how do we say and the tone, because not only the words give a message to the audience. For me, to open the negotiation and see several points (mutual gains) of the exercise instead one by one was the key of successful, because we were able to listen all the interests of each person, and this is the heart of negotiation. The main challenge for the climber is how to move for a Yielding or obliging to a compromising. BATNA is the result of having multiplies options in order to have a non-zero-sum we need explore each option a be able to give that message during the negotiation because BATNA will clarifies our plan B in case we do not achieve any agreement. In case my plan B is a good one or very strong I will have more power during the negotiation. It is very important to know both BATNAS in order to know the balance of the negotiation and how will be your approach, and style. REFERENCE: GETTING TO YES BY ROGER FISHER AND WILLIMA URY ESSENTIAL OF NEGOTIATION BY ROY J. LEWICKI, DAVID M SAUNDERS AND BRUCE BARRY BROADCAST ONE POWERPOINT UPDATED_REV1

Willing and Knowing :: Philosophy Philosophical Papers

Willing and Knowing ABSTRACT: This paper discusses W. K. Clifford's classic paper, "The Ethics of Belief," and the significance of his use of the locution "knowingly and willingly" in the context of morally irresponsible ignorance. It is argued that this locution can point to a very subtle and important distinction in the premisses of ethically responsible belief formation. An analysis of willful ignorance is then given. It is argued that, strictly speaking, there is no such thing as willful ignorance: what is called willful ignorance in ordinary language is just the phenomena of getting oneself knowingly to believe something by willingly and knowingly altering the evidence for one's belief, rather than the genuine phenomenon of getting oneself willingly to believe something against the evidence. The former phenomenon is not, however, morally approvable. Therefore, willfulness of belief is not a necessary condition of morally irresponsible ignorance. 1. There is a very famous passage in W. K. Clifford's classic paper "The Ethics of Belief" in which Clifford describes a shipowner who deceives himself to believe that his ship is seaworthy by 'knowingly and willingly' ignoring the evidence to the contrary, ie. by 'knowingly and willingly' changing the evidential situation that determines the content of his belief. According to Clifford, the shipowner's mental behaviour is unethical. He has no right to believe that the ship is seaworthy on such evidence as is before him. He is knowingly and willingly ignorant of the real condition of the ship and, as a consequence, carries moral responsibility for the consequences of his evil state of mind, consequences highlighted by the deaths of passengers and crew when the ship goes down. The question of why Clifford uses the words 'knowingly and willingly' when he describes the way in which the shipowner makes himself ignorant of the real condition of the ship is significant not only to Clifford's own theory but to the ethics of belief in general. One commentator (see Haack, forthcoming) has recently argued that Clifford really means 'willful ignorance' and just lacks in subtlety when he says 'knowingly and willingly'. The motive behind this interpretation is the view that only a person who is willfully ignorant of the evidence against her belief can carry moral responsibility for the consequences of the belief. In particular, involuntary ignorance, according to this view, has no such effect. I question this interpretation. In particular, I question the idea that the description of the shipowner's ignorance as 'knowingly and willingly' undertaken is somehow less subtle than its description as 'willfully' undertaken.

Legal Framework †Employement Act Essay

The company complained that Encik Pokok’s application for leave was only received by Encik Bunga on the 26th November 1996. The leave application was not approved because it was not following the company procedure and secondly, reasonable excuse was not given. Encik Pokok was dismissed without internal inquiry done. Encik Pokok claimed that he had submitted his leave application on the 23rd November 1996. His application was pass to his friend to be given to his supervisor, Encik Daun. He assumed that his leave application was authorized. Encik Pokok said that he went to the Pejabat Kadi on the 23rd November 1996 to settle his sister in law’s case and the next two days, to celebrate their engagement. For the 26th November 1996, he claimed he went to the labour office in Temerloh with his friend. Due to fatigue, he did not go to work. He made a verbal leave application to the company through one of the company’s officers who was available at that time. Encik Pokok claimed that he was unlawfully terminated. He complained that internal inquiry had to be done prior to his termination because it violates Section 14 of the Employment Act 1955 and Item 35 of the joint agreement. Power to make awards 35. —(1) A Court shall have power in relation to a trade dispute of which it has cognizance to make an award (including an interim award) relating to all or any of the industrial matters in dispute. (1A) A Court shall not consider a dispute relating to the dismissal of an employee or make an award relating to the reinstatement of an employee except in circumstances arising out of a contravention of section 82. 2) Notwithstanding subsection (1A), where an employee considers that he has been dismissed without just cause or excuse by his employer, in circumstances other than those arising out of a contravention of section 82, he may, within one month of such dismissal, make, through his trade union, representations in writing to the Minister to be reinstated in his former employment (3) The M inister may, before making decision on any such representations, by writing under his hand request the Commissioner to inquire into the dismissal and report whether in his opinion the dismissal is without just cause or excuse instated in his former employment. (4) The Minister, if he decides to deal with the representations himself, shall before making a decision thereon give an opportunity to the employer to make representations in writing as to the reasons why he considered the dismissal of the employee to be justified. 5) If, after considering the representations of the trade union and of the employer (if any) and any report made by the Commissioner under subsection (3), the Minister is satisfied that the employee has been dismissed without just cause or excuse he may, notwithstanding any rule of law or agreement to the contrary — (a) direct the employer to reinstate the employee in his former employment and to pay the employee an amount that is equivalent to the wages that the employee would have earned had he not been dismissed by the employer; or (b) direct the employer to pay such amount of wages as compensation as may be determined by the Minister. 5A) The employer shall comply with the direction of the Minister under subsec tion (5). (6) The decision of the Minister on any representations made under this section shall be final and conclusive and shall not be challenged in any court or in a Court established under this Act. 7) Any direction by the Minister under subsection (5) shall operate as a bar to any action for damages by the employee in any court in respect of the wrongful dismissal (8) An employer who fails to comply with the direction of the Minister under subsection (5) shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. 9) Where an amount to be paid under subsection (5) is not paid in accordance with the direction of the Minister and the employer has been convicted of an offence under subsection (8), the amount, or so much thereof as remains unpaid, shall be recoverable by a District Court as if it were a fine and the amount so recovered shall be paid to the employe e entitled under the direction. Answer: As the defending lawyer, the Company did not make a correct decision in terminating Encik Pokok. The reason is because Encik Pokok has attempted to inform the Company by submitting the leave application form to Encik Daud through his friend on 23rd Nov 1996. Encik Pokok also made a verbal application for leave on the 26th November 1996 through a company official on duty at that time. This would mean that technically he was not absent for more than two consecutive days. Therefore ; According to Employment Act 1955, section 15(2), An employee shall be deemed to have broken his contract of service with the employer if he has been continuously absent from work for more than two consecutive working days without prior leave from his employer, unless he has a reasonable excuse for such absence and has informed or attempted to inform his employer of such excuse prior to or at the earliest opportunity during such absence. The Company also failed to conduct a domestic inquiry to give Encik Pokok a chance to defend himself and offer reasonable excuse why he failed to turn up for work. Therefore Section 14(1) of the Employment Act applies. According to Employment Act 1955 section 14(1), An employer may, on the grounds of misconduct inconsistent with the fulfillment of the express or implied condition of his service, after a due inquiry – (a) Dismiss without notice the employee; Habitual absenteeism (of less than two days at a time but on a frequent basis) would be defined as unauthorized absence from work on a certain number of days per month over a 6 month period. Initially warnings would be given, but if the absence persists, the employee may face dismissal. The failure to be punctual would be treated the same way as habitual absenteeism. In this case, the company failed to show whether Encik Pokok is a habitual absentee by not producing historical records of his attendance. However reported cases show that a breach of contract and termination are dealt as separate issues. As such a breach of contract may not lead to an automatic termination of employment. The consequence of such a breach would depend on the conditions of employment. Conclusion Encik Pokok was a victim of wrongful dismissal and the company must reinstate him immediately. The company has the right to issue written warning for the 24th and 25th November 1996 for unauthorized leave. Question 3 (b) You are defending lawyer for the Company. Has the Company made a correct decision in terminating Mr. Good . Discuss? Case facts: Mr. Good was charged with sleeping while on duty on 12th June 1997 at 7. 30pm in the music room at Tan Sri William Cheng’s house in Petaling Jaya. Mr. Good was instructed Vide a letter on 17th June 1997 to attend an inquiry on 20th June 1997 to hear the charge. Mr. Good says that he had been dismissed without due inquire. He denied that he had committed the offence alleged of and argued that the company had merely acted on suspicion. Answer: Company did not make a correct decision. This is due to the fact that Mr. Good was not caught sleeping red handed and Mr. Bad and Miss Sexy’s allegations were only implied. There were actually no eye witnesses. The court may conclude as it is only allegation as there is no evidence of Mr. Good committing the misconduct, as such the Company even failed to: 1) The Company did not conduct a domestic inquiry. The company should call for domestic inquire as it is an internal inquiry into some alleged misconduct by an employee. The main objectives of the domestic inquiry are to establish whether the alleged misconduct is proven or not and if the misconduct is proven, to recommend a punishment that is appropriate to the offence committed. The complainant is normally the management of the company but sometimes, can also be the victim of the alleged misconduct. At the domestic inquiry, the employer will present its case and the employee is given an equal opportunity to defend himself against the charges of misconduct. Under Employment Act 1955 Section14 (1) where an employer may on the grounds of misconduct inconsistent with the fulfillment of the express of implied conditions of his service, after due inquiry – 2) Absence of show cause letter or letter of disciplinary, As to Mr. Bad and Ms. Sexy’s statement on Mr. Good was caught committing the same offence 3 years ago, there were no records as the company did not issue any show cause letter or letter of disciplinary action. Conclusion The Company did not follow the proper dismissal procedures in accordance to Employment Act 1955, which relates to misconduct.

American South And German Imperialism Essay - 1257 Words

Alabama in Africa, written by Andrew Zimmerman, explains the history surrounding the relationship between slavery in the American South as well as in the African village of Togo, run by Germany. He opens with the importance of cotton in America’s social, political, and economic markets. Not only does Zimmerman explain the correlation between cotton and black labor, but he further explains black labor through Booker T. Washington’s Tuskegee Institute. The Tuskegee Institute is a continual concept played throughout the book, having a large impact on the German colony of Togo. There is a great deal of similarities between the American South and German imperialism, known as the global South. To Zimmerman, the idea of the global South is a novel concept. The concept of the global South began to grow its roots after the American Civil War. Following the Civil War, the South began to redevelop once they faced radical changes. One can see the transformations made in the South as internal colonization by the North. Even though it can be considered internal colonization, â€Å"as race became, for members of the Verein, including Du Bois, a transnational phenomenon, not localized in the southern United Sates or in eastern Prussia, but rather a global â€Å"color line,† the difference between internal and external colonization began to fade. Internal colonization became ever more like racial conquest in the 1890s.† With race, came the issues surrounding freedom and labor, â€Å"in Africa, as in theShow MoreRelatedSpheres Of Influence By Lloyd Gardner880 Words   |  4 Pagesspheres of influence, from an empire of imperialism to hegemony, concentrating on the development and rivalrous objectives of the Allied leadership durin g World War II (WWII), and the need to temporarily divide Europe. 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