The Walt Disney Company free essay sample

The Walt Disney Company: Its Diversification Strategy in 2012 Xavier Lila (MGM 3800) KEY ISSUES Availability of alternatives and substitutes intensifies competition in Walt Disney media network division. Customers have a variety of choices on media entertainment: DVD, Internet and video games. Rapidly changing technologies: Walt Disney is required to stay on the front foot and the company has to either develop or acquire new technologies for better customer satisfaction and competitive advantage.Unpopular parks and resorts: Walt Disney has to embark on advertisements as well as install costly attractions in less favorable destinations such as Disney California Adventure so as to lure more customers. Losses incurred in interactive media: Acquisition of Playroom to feature as the gaming hardware and software arm of interactive media proved futile with heavy competition from established gaming consoles. Costly acquisitions in unproven foreign markets: India, China, Russia and Turkey off er expansion opportunities, but require billions of dollars in a high-risk investment. We will write a custom essay sample on The Walt Disney Company or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page ANALYSIS The Media Nervous division at Walt Disney is the highest revenue earner and also the division that faces the highest level of competition in the media industry. Competition is intensified by the fact that media network sells a preference to a customer and not an actual tangible commodity. A customers preference might be influenced by multiple factors such as genre of content that is aired, time of day and moods. Customers also have a variety of substitute choices for entertainment and can opt to play video games, watch a movie on DVD or browse the internet.As a result Disney is affected by diminishing advertisement revenues that directly impact finances. Disney counters alternate and substitute competition in an aggressive approach that involves acquisition and adoption of new technologies. Information Technology is a huge component in facilitating competitive advantage at Walt Disney. Robert Alger, the CEO reveals an aggressive acquisition policy that buys Intellectual Property that is either underused or under-exploited. While the policy has proved fruitful in the acquisition of Paxar and Marvel, it has the downside of high-risk acquisitions.The acquisition of gaming company Playroom is presented as a valid example. The company aggressively qua aired Playroom in efforts to exploit the already saturated and highly competitive games and console industry. Playroom would offer product development in online games for social websites thereby creating a gateway for a powerful renowned brand in Walt Disney. The approach resulted in annual operating losses averaging $300 million from 2009 to 2012. The company has continued to hugely invest in information technology so as to better reach customers as well as carter for customer needs using the internet. The latest technological investment in media networks offers Walt Disney a mobile phone application that allows subscribed users to watch content at anytime, anywhere on their smart phones. The approach might rove to be a success similar to Paxar or Marvel, or might prove to a costly venture that annually operates in loses similar to Playroom. Walt Disney assumes an aggressive acquisition policy that is consistently high risk. While the media networks are Walt Disney s highest earner, the companys identity is embedded in its Parks and Resorts.As a result Disney has heavily invested in its themed parks and resorts. However, there are multiple issues that reflect on Walt Disney strategic planning. The opening of Disney California Adventure was to ease the congestion at Disney World which had exulted in counter-productivity as Customers rejected Disney World due to congestion. Disney California Adventure proved to be a costly investment as customers complained that it lacked night time appeal and would instead go back to Disney World further compounding the issue of congestion.Disney California Adventure failed to serve its purpose in easing congestion; rather it became a point of comparison and represented lower expectations. Walt Disney proceeded to improve the situation through further heavy investments in attraction additions World of color water for $75 million and 200 million worth of race tracks in car lands, both of which are located in Disney California Adventure. The costly additions to rectify a previous failed plan indicate that there are multiple strategic planning issues at Walt Disney.The financial books indicate that Walt Disney has continued to be profitable and realized incremental every year for the past 3 years (2009 ; 2011). The financial progress experienced at Walt Disney is attributed to the capable and exemplary management leader ship of the CEO Robert Alger. Since his appointment at the helm Walt Disney has acquired Paxar and Marvel, and the many has increased global activity with Disney cacheable showing in over 100 countries compared to the 9 countries when Alger took over. However, there are various issues in lagers management style. Since taking over the company had exponentially expanded in its operations globally. Reeve uses have increased from $35. 5 billion in 2007 to $40. 9 billion in 201 1; however, this increase in revenue is significantly accounted for by successful movie productions of The Avengers grossing $1. 3 billion and the pirates of the Caribbean, Disneys most successful movie. lagers global exploits are yet to legalize significant profit returns. Despite accessing over 75% of China viewers and showing in an additional 91 countries, Walt Disney under Alger has struggled to show a directly proportional growth of acquired viewers and markets to earned revenues. Alger has admittedly stated to strategic issues in the acquisition of Disney Shanghai which the company has invested 43% of the $4. 5 billion venture. This raises multiple issues of concern with the simultaneously costly investments that Disney has undertaken in India, China, Russia, and Turkey, bearing that the investments are high risks to political and economic factors.Furthermore, Alger dismisses the operating losses incurred by interactive media as sufficiently covered by other revenues generated by the media networks. While Alger makes a valid point, it does not negate the fact that a critical division in Walt Disneys organizational structure has been operating losses in the millions of dollars for the past three years. SOOT STRENGTHS WEAKNESSES Diversification in s trategic organization Exploitation of intellectual property across media networks Brand Recognition High quality content in media networks Cohesive organizational structureAbility to adopt new technologies and Intellectual property Global alliances Acquisition strategies Licensing Media Networks Creativity High costs in market acquisition High operation costs Lack Of sufficient returns on investments in parks and resorts Interactive media operating on losses High risk investments Costly upgrades Simultaneous global expansions New parks lack appeal factor OPPORTUNITIES THREATS Growth of Marvel and Paxar International markets Further growth of media networks Better strategic planning Reducing operation costs Better evaluation of aggressive acquisition strategyBetter strategic plan for interactive media Better understanding of target market Extensive use of the internet as a medium for entertainment Strong competition in alternates and substitutes Changes in customers preferences and b ehaviors Rapidly changing technologies Operating losses from bad acquisitions Unstable global economy Demanding market on content and quality Heavy global investments #1 SOOT Analysis Walt Disney is a world leading brand and a major competitor and is strongly positioned in the entertainment market place. The company enjoys significant strengths in brand recognition and media networks.The media networks division acquisition of marvel studios offered the company a competitive advantage while the companys creativity ensured marvels studios success. The production of The Avengers highlights the success and strengths of Walt Disney as the movie grossed over $1. 3 billion in gross revenue. In 201 1 , the company was the largest licensor of merchandise products in the world indicating dominance in the licensing industry. While the company experienced successes in media networks division, multiple internal factors affected revenue earnings and highlighted the company s weaknesses.Costly upgrades and high costs of operations indicated that the company lacked an effective strategic plan. Poor management decisions also reflected in the acquisition of Playroom, as the acquisition operated in losses for three consecutive years. External factors also affected the company, as strong competition from substitutes and alternatives resulted in additional operational costs as the company countered competition through adoption of new technologies and acquisition of companies and intellectual properties.Changes in customer preferences and behavior also resulted in the adoption f the internet as a channel for entertainment and introduction of smart phone applications that offer on-the-go entertainment to customers. Walt Disneys organizational strategies are reflected in strategic business units: Media Networks, Interactive Media, Parks and Resorts, Consumer products and Studio Entertainment. The company operates on a cohesive organization strategy and is able to remain profitable despite one of its divisions Interactive media operating on losses.The organizational structure also allows for diversification of products and offers the opportunity of expansion n emerging global market. However, organizational strategies dictate for high risk investments in all strategic businesses units. Walt Disney adopts high risk investments in construction and renovation of its parks and resorts, in its aggressive acquisition strategies, in its efforts towards global expansions and in its strategies to obtain competitive advantage and accommodate consumer demands.PORTERS FIVE FORCES Intensity in competitive Rivalry (High) Competition is high in the entertainment industry, with multiple companies offering similar high quality, high content entertainment. Competition is specially high in media networks as companies compete for consumers attention. Competition in the console and online gaming market is also very high and Walt Disney Playroom has failed to be profitable. Threat of Us busiest (High) Rapidly changing technology ensures that customers have a variety of choices and availability of substitutes.Customers can choose to play games on phones, watch DVDs, play console video games, or listen to music at the expense of watching Walt Disney content. As a result, Walt Disney is t urning to the internet as a source of entertainment for its customers. Threat of New Entrants (Medium) Entry levels might require significant investments, however advancements in technologies enable smaller companies to enter into the market and offer high quality content. However, small companies might be discouraged by lack of brand recognition and customer loyalty.As a result the threat is medium as a new entrant might have the potential but lack economies of scale and appropriate strategies Bargaining Power of Suppliers (Low) Walt Disneys aggressive acquisition policies have ensured a strong presence Of vertical integrations and horizontal integrations which negates the arraigning power of suppliers. Walt Disney acquires strategic companies that offer competitive advantage or possesses vital Intellectual Property that Walt Disney considers of value.Bargaining Power of Buyers (High) Buyers have high bargaining power due to availability of substitutes and the fact that entertainment sells desire and preference compared to actual tangible commodities. Therefore, buyers have the opportunity of deciding on what to pay for a medium of entertainment given that a consumer can get entertainment elsewhere for lesser costs. Buyers also have a choice of parks and resorts that charge less. 2 Porters Five Forces Analysis Internal and external factors affecting the company contribute to the high threat of substitutes and high intensity in competitive rivalry.Walt Disney strives to offer high quality, high Content entertainment to its consumers through innovation and creativity. However, the entertainment market is saturated with competition that offers similar services and products at comparable quality. Therefore, Walt Disney has to sustain competitive advantage through its acquisition strategies. The company acquired Paxar and Marvel so as to gain competitive advantage in movie and animation reduction. Despite acquisitions competition remains extremely high as entertainment companies adopt innovative technologies.Buyers have a higher bargain power due to availability of substitutes and decisions that are based on preference. Walt Disney customers preferred Disney Land to Disney California Adventure despite the fact that Walt Disney had invested millions of dollars in attractions at Disney California Adventure. The organizations position in the market place lowers the bargaining power of suppliers as well as lowers the threat of new entrants into the industry. New entrants would quire large capital to compete with an established market leader such as Walt Disney.Walt Disney also has the advantage of product diversification, a strategy that many new entrants lack. Walt Disneys aggressive acquisition strategy has enabled the company to implement horizontal integration and acquire competing companies so as to supplement one of its strategic business units. Walt Disneys organizational strategies are dictated by the levels of competition and desire to retain competitive advantage. As a result Disney looks to acquire emerging technologies and companies that own unique intellectual properties. UPDATE ON CASE STUDY Disney retains the five strategic business units and recorded an increase in revenues for Parks and Resorts by 10% at the end of fiscal year 2014. The company appointed a new COO, Tom Stags to manage the operations at the company. Stags is credited with profitability in Parks and Resorts an area that had strained to reach perceived potential (Huddles, 2015). In Disneys laid of 700 employees in its Interactive Media division all of whom worked for Playroom.Playroom continues to be unprofitable and continues to operate in losses thereby necessitating the need to layoff employees Burgess, 2014). Walt Disney continues in its aggressive acquisition strategy, Lucas films for $4 billion in 201 2 and Marker Studios for $500 million with potential performance contract that could increase the total to $950 million (Fixer, 2014). The $4. 5 billion Disney Shanghai resort is yet to be completed and completion dates have been pushed to 2016. CONCLUSIONS Walt Disney is a company that seeks to dominate in each of its distinctive strategic business units.The entertainment industry is an extremely competitive industry that relies on innovations, creativity, content and advancements in technology. Walt Disney is limited in the levels of innovativeness in its media networks. As a result the company solely relies on an aggressive acquisition strategy. While the acquisition strategy has proven effective and profitable with the notable acquisitions of Marvel and Paxar, it also leaves the company vulnerable in acquisition of fools gold. Rapid changes in technology have also contributed to the added emphasis in Walt Disneys acquisition strategy. The acquisition of Playroom highlights the dangers of an aggressive acquisition; the company had been operational for here years before Disney decided to acquire the online gaming company. The company has operated in losses since it acquisition and impacted revenues as customer preferences shifted from backbone games to smart phone games. In an industry that is highly competitive Disney aims to make quick decisions on acquisition of new companies that own unique Intellectual Property.The updated case study findings indicate that the aggressive acquisition strategy is a core principle at Walt Disney with the acquisition of Lucas Films; Disney buys a competitor and adds a subsidiary to its media networks. Walt Disney heavily relies on its diversification strategy so as to remain profitable and participate in an aggressive acquisition strategy. Diversification has allowed Disney to operate losses in its interactive media unit and still remain profitable as a company with media networks earning substantial profits to cover for losses experienced in other departments.While diversification offers profitability it also results in high operating costs and market acquisition costs. Walt Disney lacks effective strategic planning in some of its diversified units, in an industry where consumers demands are a rarity, Walt Disney appears to anticipate consumer demands rather than inquire. Walt Disney portrays good decision making in building Disney California Adventure to ease the congestion at Disneyland and offer more variety in additional resorts. However, the company fails to consult with its customer base on their preferences and on new attractions at the new resort.As a result Disney proceeded to build a resort that lacked in night appeal forcing customers to go back to Disneyland and leave Disney California Adventure. Disney reverts to more spending in excess of $275 million to add ore attractions that improve attendances. I think that Walt Disney perceives itself as a too big to fail as it extensively participates in high risk ventures. Walt Disney relies on its brand image to expand its businesses, but the company has adopted an aggressive expansion policy in abroad markets. The company has decided to open theme parks and launch Disney media networks in China, Japan, India, Turkey and Russia. The approach might prove to be successes if the plans go according to plan, but might prove to be costly should the new ventures fail to return investments and operate on losses. Again, Disney relies on its diversification strategy and relies on it policy that should one of the expansions abroad fail, the other expansions in the rest of the countries abroad would cover the costs of the failed venture. Walt Disney should review its operations and access the high risks that accompany such Ventures.RECOMMENDATIONS General recommendations Reduce the rate of acquisitions and concentrate on diversification of owned products Listen to customers before building parks and resorts that lack in appeal Company should concentrate on becoming a leader in technological innovations rather than an aggressive acquisition strategy. Review the role of interactive media and shutdown the strategic unit Reduce operational costs: Encourage better strategic plans Specific recommendations Adopt a gradual foreign market ace question strategy: The Company should refrain from simultaneous expansions in multiple markets.Adopt a cautious acquisition strategy: Analyze and evaluate profitability and competition before acquisitions. The company should sell Playroom as soon as possible as it has never been a profitable venture and has operated on losses for past six ears. The company should invest on innovations: Should have an innovation department that looks to improve open source ideas LESSONS LEARNED learned that diversification is an important strategy that can assure a company of revenues and profits.I learned that big companies and corporations might be better positioned to benefit through diversification of products and services due to financial capability compared to small companies. Also learned that an aggressive acquisition strategy has its benefits and disadvantages. Therefore, it is important to analyze the risk associated with an acquisition to ensure that losses suffered by a new acquisition do not adversely affect the revenues or bankrupt the company.

Compare a stimulus(eastenders)y mother said i never should) essays

Compare a stimulus(eastenders)y mother said i never should) essays The two items I will be comparing for my response are; 1) The play of 'My mother said I never should' 2) A scene from the TV soap, Eastenders. We have chosen to compare these two pieces because there is an uncanny resemblance between the characters on both pieces; also the story The play 'My mother said I never should' is a theatre production which has been performed all over England. It is a scripted play and can be adapted to suit the audience. The time scale varies in M.M.S.I.N.S and ranges from the 18th century to the 1990's, it is set in a rural area in Manchester and the characters were brought up in the same family. Eastenders is a TV soap, series, broadcasted on BBC1 regularly; it is set in modern-day East London in an area called Walford. The main point of M.M.S.I.N.S is the fact that a woman gives birth to a child when she is very young, her mother then takes responsibility for the child and they are brought up as sisters. The Characters are supposedly one family yet in the waste ground scenes they are all the children of their character, even though they are from different generations. Rosie (the child) discovers the truth of her parentage when she find's her birth certificate prior to her mother's funeral. There is a lot of friction between the characters and this is clearly shown in the play. (Detailed description later in essay) In Eastenders, The Slater family (who I am focusing this essay on) are very close and spend an evening celebrating in a local restaurant, suddenly a blazing row sparks up between Kat (the eldest) and Zoe (the youngest).Zoe believes that Kat is her older sister. They exit the restaurant and continue to argue on the street, Zoe states that she is fed up of Kat trying to control her, and shouts 'Don't tell me what to do.. YOU'RE not my mother' then after a short, awkward pause, Kat ...

Why Job Hopping Can Boost Your Career

Why Job Hopping Can Boost Your Career Younger employees and Millennials (shout out to everyone with the Snake People plug in!) so often hear that â€Å"this isn’t their parents’ job market† and other frightening underemployment statistics. But here’s some  good news! It may actually be a smart career decision to fluctuate  in your employment history. Here are some  compelling reasons to have a dynamic track record instead of a mono-job history. Aim for 4 years max a one place, and then start looking for your next opportunity.  Rapidly Evolving Skill SetsIf you’re changing jobs every few years, you’re expanding and freshening up your skill set, learning new things, and just as important, acquiring resume-worthy evidence of your evolving job responsibilities. This is also good news for job seekers, because a job you wouldn’t have qualified for a few years ago may have shifted and revamped since its last tenant left.  Technological AdvancementsSpending 4+ years in t he same job is a great way to get comfortable with the in-house software, content management, sales procedures, etc- but even if your company isn’t constantly adopting new technology, your competitors might be. Whether you’re a systems administrator or occupy a more front-of-house role, stay on top of the technological options in your field so that if you change lanes, you’ll be able to keep up.  PerceptionDating analogies in the midst of job discussions generally creep me out, but in this case I think it’s a pretty good comparison. If you meet someone recently out of a 14-year relationship, are you more or less likely to go on another date with them than the person you meet the next night who’s had a series of stable but shorter-term relationships?Put yourself in a hiring manager’s shoes- someone with 3 jobs in 10  years can come across as easier to train, more adaptable, and more motivated.  Career AdvancementWhen you stay in one pla ce for a long period of time, if you’re behind someone on the job ladder, there’s always a chance you won’t get to move up until they move up or move on. But if you’re making ambitious moves and expanding your horizons as you change jobs, you can evolve more quickly than you would have done by staying put.As always, be thoughtful about all professional life choices- give each decision time, communicate honestly and in a timely manner with your employers, and make your best effort not to burn any bridges. You don’t want to come across as unfocused or irresponsible, and you certainly don’t want to leave a string of employers who think you’re a flight risk!

EXAMINE the proposition that there exists a correlation btween the Essay

EXAMINE the proposition that there exists a correlation btween the rate of inflation and the level of unemployment. explain the significance of your result - Essay Example For instance, an unemployment rate of 5% is considered as acceptable in the United States. Almost all economic variables are related to each other. A rise in one consequently causes either a fall or an increase in another. Two variables display this relationship. These are unemployment and inflation. This essay will examine the proposition that there exists this correlation between the rate of inflation and the level of unemployment. Firstly, it will briefly explore the concepts of inflation and unemployment. Secondly, it will examine the relationship between these two variables. Thirdly, it will explain the significance of this correlation and finally give a conclusion. Inflation is, by simple definition, an increase in prices. However, in a more detailed definition, it is the consistent and sustained increase in the general price level of commodities and services. Inflation has an immediate effect on the value of a currency of the country experiencing it. For instance, if the United Kingdom is experiencing inflation in its economy, then the value of a sterling pound reduces. Here the value of a currency denotes its purchasing power or the quantity of real goods that one unit of the currency can purchase. The value of a currency varies with the level of inflation, and is never constant (Mankiw, 2011:43). Where there is an increase in the rate of inflation, the purchasing power of people in an economy declines. The opposite is also true for a decrease in the rate of inflation. Inflation is measured as percentage. Specifically, it is measured as a percentage increase of goods and services in a given year. For instance, if the rate of inflation in a y ear is 3%, then a commodity that costs 1 sterling pound will cost 1.03 sterling pounds after inflation is factored in. Inflation has three major variations. These are deflation, hyperinflation, and stagflation (Vogt, 2008:37). Deflation refers to a situation in the economy when the general price level of

Institutional Realities Research Paper Example | Topics and Well Written Essays - 3750 words

Institutional Realities - Research Paper Example Specific Problem in the Acute Long Term Organization. This will look at research and theories that look at the acute long term organization. This will form a basis of the problems which need to be solved with the current strategic project. Specific Problems Defined. This section describes the specific problem in RHC as well as how this relates to various aspects that need to change within the organization. Strategic Planning Issue. This will look at the one issue that will be examined in terms of RHC and how this will be formulated for continuous planning and change within the organization. Theory of Constraint. Looks at the main problem associated with RHC in terms of the theory of constraint. Process Analysis Theory. This is the second theory which applies to the problems of RHC. Application of Strategic Planning. Looks at the mission, vision, plan and implementation of the strategy while defining ways to approach the main issues. Strategy of Continuous Organizational Improvement. Examines the ways to continuously approve with the implementation of the new strategy and expectations. References. List of resources used for this project. Annotated Bibliography Bryson, John. (2004). Strategic Planning for Public and Nonprofit Organizations UK: John Wiley and Sons. This book describes the strategic change cycle as well as how this is incorporated into non –profits and care systems. Not following this cycle is the main problem of the health care system, specifically because there is the need to respond to trends and to look at the situations that are a part of the culture and the community. Carr, Deborah, Dmitry Khodyakov. (2007). â€Å"End – of – Life Health Care Planning Among Young Old Adults: An Assessment of Psychosocial Influences.† Journals of Gerontology 62 (2). This article is used to examine the different approaches which are looked at in the long term acute care system. It can be seen that psychosocial influences create a spec ific impression about the care which is offered and creates gaps with the market and the desire to be a part of the main care system. This is one of the concepts which RHC needs to look at with the re-engineering of their program, specifically to change the quality care offered. Coleman, EA, C Parry, S Chalmers. (2006). â€Å"The Care Transitions Intervention.† Archives of Internal Care 57 (1). This article is used to describe the way in which care systems need to look at staff and employment training. It shows that a main gap that is associated with the care system is based on the misunderstandings that are a part of the care transition that occurs. Employees are expected to begin understanding the need to intervene and change the approach which is taken toward the long term care. Eskildesen, Manuel. (2007). â€Å"Long – Term Acute Care: A Review of the Literature.† Journal of American Geriatrics Society 55 (5). The article that is reviewed looks at the general issues of long – term acute care and how many are influenced by the specific needs that are in the facilities. Looking at the review of literature helps to define the issues ranging from cost control to the associations that are a part of the acute care. Ford, JD, AD Amelio. (2008). â€Å"Resistance to Change: The Rest of the Story.† Journal of Management 72 (3). This article is used to explain the difficulties with change and change management. The article will be used to

The Importance of Nutrition in Infancy and Toddler hood Period Essay Example for Free

The Importance of Nutrition in Infancy and Toddler hood Period Essay Recent evidence provides that the stages of early childhood such as infancy, toddler years and early childhood are the most vital stages in the growth of an individual and in the establishment of health eating and exercise patterns. During these early stages in life children acquire and imbibe several health practices and behaviors. These patterns can help put off the negative effects of obesity and nutrition related diseases and endow a person with optimal growth, cognitive development. If children do not eat nutritious foods and engage in physical activity in the early stages of their growth, they may show signs of cognitive impairment and may be exposed to the risk of being overweight. They may also be in danger of having established erroneous eating patterns which may lead to a lifetime of insufficient nutrition intake (Boyle and Kavanagh, n. d. ). As compared to adults, small children like infants and toddlers (age’s one through three) need more nutrients on proportion to their body weight because these are the ages of development of bones, muscles, teeth and blood volume. During these stages, the nutrient intake should be adequate to support the growing process (Herbes, 2004). The role of the parent comes in monitoring and helping develop a healthy eating habit for the children. As infants grow and begin to eat solid food, this intricate process of molding a healthy lifestyle is often influenced by several factors most specifically biological, social, cultural and personal (Lockyear P, 2004). Factors such as physical activity affect children’s growth as well. Children often watch television most of the day which results in development of fatty tissue. Lack of access to a safe neighborhood is another factor which results in lack of physical activity for a child. Other factors such as the eating habits of other members of the family may greatly influence the child because most of the time, the child eats what the other members of the family eat. As a result of poor eating habits, nutrients such as calcium, iron, zinc and vitamins and minerals are commonly found to be low in children. Iron intake is significant for a child’s growth because it is primarily needed for the development of strong bones and teeth. Iron is a component of hemoglobin which helps carry oxygen in the blood. Blood volume increases as the child grows therefore the need for iron. Zinc, is another element which is often found lacking in children. Children in their early years have very active interaction with other people thereby the need for zinc. It is important in healing of the wounds, proper sense of taste, proper growth and normal appetite. Vitamins and mineral supplements are also vital in the growth of the child. These are the most famous source of nutrition among parents. However, parents should be aware that those vitamins do not necessarily fulfill the needs for other nutrient deficiencies. The best method to ensure that the recommended number of servings from each food group in the pyramid is being satisfied is to monitor the children’s meal and intake (Herbes, 2004). The growth and development of every child is a complex process which requires maximum attention from every parent. The needs of every child is different thereby the attention and the nutrient input should be commensurate with that of the child’s needs. For instance, children with disabilities and those that are called special needs children have more intricate nutrient requirement rather than normal children. There are several ways to take care of a growing child. Parents can increase information awareness by regularly consulting their child’s pediatrician, reading books and attending seminars about nutrition. Parents can also join campus and local groups which cater to child and health programs which strengthen the infrastructures that support healthy lifestyle. The society and the whole environment all contribute to the growth of a certain individual. Parents must understand first and foremost that the changes being undergone by their children are normal and they must adapt to those changes. In order to adapt to the growing needs of the child, a parent must understand well the different stages of a growing child as well as the needs of the child during those stages. References Boyle, M, Kavanagh C. (n. d. ). The Importance of Nutrition for Health and Disease Prevention in Children Ages 0-6. Califirnia Food Policy Advocates. Retrieved April 13, 2009 from http://www. cfpa. net/obesity/0-6paper. pdf Herbes, K. (2004). Preschoolers and Toddlers, Diet of. Nutrition and Well-Being A to Z, 1st ed. Retrieved April 13, 2009 from http://findarticles. com/p/articles/mi_gx5200/is_2004/ai_n19120955/ Lockyear,P ( 2004). Childhood Eating Behaviors: Developmental and Sociocultural Considerations. Medscape Ob/Gyn Womens Health. Retrieved April 13, 2009 from http://www. medscape. com/viewarticle/467523

The Hazards of Ocean Pollution Essay -- Ocean Pollution

The Hazards of Ocean Pollution Basic Facts Ocean Pollution is a serious issue in today's global politics. The delicate balance of Earth's ecosystem is put in jeopardy when the ocean is not clean. Problem evolving from ocean pollution directly harm marine life and indirectly affect human health and the Earth's many valuable resources. Ocean Pollution is a Broad term that encpompasses any and all foregin matter that directly or indirectly makes its way into the ocean. This includes everything from the extreme: oil spills, Toxic Waste dumping and industrial dumping-- to the small scael: human activities and basic carelessness. Because the oceans and all other water bodies are invariably, somehow connected, and because they account for 3/4 of the Earth's surface, they are an ideal method of transportation for pollution, allowing the rapid spread of seemingly far away toxins into a river near you! It is increasingly important that we educate ourselves as to what, exactly, ocean pollution is, so that we can identify the causes at t heir source and take action in small and large ways, and hopefully, prevent this terrible form of pollution from getting any worse than it is today. Oil Leaks and Spills Because it is the most highly publicized of the different forms of ocean pollution, oil spills, oil leakages, and general oil contamination are something that we all seem to be aware of. Since the Exxon Valdez incident, the American public in particular has been more and more critical of oil companies.Each year, over 700 million gallons of oil end up in the ocean. Contrary to what you may have thought, most oil pollution doesn't come from tanker accidents. In fact, tanker accidents account for less than 90 million of the g... ... In 1995, an important event marked a victory for the national GreenPeace organization, and for humans alike. The Brent Spar oil installation was not allowed to be dumped into the ocean. The importance of this decision lied in the fact that there were over 600 oil installations that would someday expire just as the Brent Spar had. When the decision was made to not allow the dumping, it set a precident that the other installations would not be allowed to be dumped, either. The main source of ocean dumping is sewage sludge. The sewage pipes and storm drains often share space. Heavy rainfall can flood these pipes, causing the contents to mix and overflow. After that, waste can be carried along with storm water, into nearby water sources. Harmfull Effects of Ocean dumping include animals in danger with trash in their habitat, as well as contamination of public waters. The Hazards of Ocean Pollution Essay -- Ocean Pollution The Hazards of Ocean Pollution Basic Facts Ocean Pollution is a serious issue in today's global politics. The delicate balance of Earth's ecosystem is put in jeopardy when the ocean is not clean. Problem evolving from ocean pollution directly harm marine life and indirectly affect human health and the Earth's many valuable resources. Ocean Pollution is a Broad term that encpompasses any and all foregin matter that directly or indirectly makes its way into the ocean. This includes everything from the extreme: oil spills, Toxic Waste dumping and industrial dumping-- to the small scael: human activities and basic carelessness. Because the oceans and all other water bodies are invariably, somehow connected, and because they account for 3/4 of the Earth's surface, they are an ideal method of transportation for pollution, allowing the rapid spread of seemingly far away toxins into a river near you! It is increasingly important that we educate ourselves as to what, exactly, ocean pollution is, so that we can identify the causes at t heir source and take action in small and large ways, and hopefully, prevent this terrible form of pollution from getting any worse than it is today. Oil Leaks and Spills Because it is the most highly publicized of the different forms of ocean pollution, oil spills, oil leakages, and general oil contamination are something that we all seem to be aware of. Since the Exxon Valdez incident, the American public in particular has been more and more critical of oil companies.Each year, over 700 million gallons of oil end up in the ocean. Contrary to what you may have thought, most oil pollution doesn't come from tanker accidents. In fact, tanker accidents account for less than 90 million of the g... ... In 1995, an important event marked a victory for the national GreenPeace organization, and for humans alike. The Brent Spar oil installation was not allowed to be dumped into the ocean. The importance of this decision lied in the fact that there were over 600 oil installations that would someday expire just as the Brent Spar had. When the decision was made to not allow the dumping, it set a precident that the other installations would not be allowed to be dumped, either. The main source of ocean dumping is sewage sludge. The sewage pipes and storm drains often share space. Heavy rainfall can flood these pipes, causing the contents to mix and overflow. After that, waste can be carried along with storm water, into nearby water sources. Harmfull Effects of Ocean dumping include animals in danger with trash in their habitat, as well as contamination of public waters.

Assignment – the Sexual Response Cycle

The sexual response cycle is the term used to describe the changes that occur in the body when men and women become sexually aroused. There are four stages or phases. The sexual response cycle consists of vasocongestion and myotonia. Vasocongestion causes erection in the male and swelling of the area surrounding the vaginal opening. As blood vessels dilate the testes, nipples and earlobes swell. Muscle tension is called myotonia. It consists of facial grimaces, spasms in the hands and feet, and spasms of orgasm. During the excitement phase vasocongestion can cause an erection in young men in as little as 3 to 8 seconds after sexual stimulation starts. The testes become larger and elevated, and the scrotal skin also thickens making it less baggy. For the female during the excitement phase vaginal lubrication can start 10 to 30 seconds after sexual stimulation begins. Vasocongestion causes the clitoris to swell and flattens and spreads the vaginal lips. The breast become bigger and blood vessels nearer the surface are more visible. The inner two-thirds of the vagina expands. The vaginal walls thicken and turn a deeper color. The woman’s skin can take on a rosy sex flush. The commonalities for both men and women during the excitement phase are that their nipples can become erect. Their heart rate and blood pressure increase. Muscle tension also increases. Although the skin can take on a rosy flush for both it is more common for women. In the plateau phase sexual arousal remains somewhat stable. Men show some increase in the circumference of the head of the penis and it takes on a purplish hue due to vasocongestion. The testes become elevated and positioned for ejaculation. The penis may become one and a half times its arousal size. The penis may release drops of semen from the opening before ejaculation. During the plateau phase for women the outer part of their vagina swells due to vasocongestion. This contracts the vaginal opening in preparation for grasping the penis. Then inner part of the vagina expands more as well. The clitoris withdraws beneath the clitoral hood and shortens. The uterus increases in size and elevates. For both men and women during the plateau phase their breath becomes more rapid, like panting. Their heart rate can increase up to 100 to 160 beats per minute. Their blood pressure rises continually. Vasocongestion continues to increase. For men during the orgasmic phase there are two stages of muscular contractions. During the first stage semen collects at the base of the penis. Urine is prevented from mixing with the semen by the internal sphincter of the urinary bladder. There are sensations of impending ejaculation that occur 2 to 3 seconds before the ejaculatory reflex. During the second stage semen is propelled out of the body by muscle contractions. The most intense contractions are normally the first 3 to 4 and come in 0. 8- second intervals. This equates to roughly 5 contractions every 4 seconds. There can be 3 to 4 more contractions that come much slower. This varies from one man to another. For the women during this phase the orgasm is manifested by 3 to 15 contractions of the pelvic muscles that surround the vaginal barrel. The first contractions occur at 0. 8- second intervals. Weaker and slower contractions follow. Both men and women experience the release of sexual tension during the orgasmic phase. These things happen automatically in response to sufficient sexual stimulation. This produces intense feelings of pleasure. The man’s erection, the woman’s vaginal lubrication and their respective orgasm are all reflexes. Their heart rate and blood pressure reach its peak. The heart may beat up to 180 times per minute. Their respirations may increase to 40 breaths per minute. In men the resolution phase consist of blood being released from the engorged areas after ejaculation. This causes the erection to go away. The testes become their normal size again. During the resolution phase women also release blood from engorged areas. The nipples become their normal size. The clitoris and vaginal barrel eventually shrink to their unaroused size. Both men and women experience decreased blood pressure and heart rates. Their breathing becomes more normal as before arousal. They may both feel more relaxed and satisfied. After ejaculation men experience a refractory period where they cannot have another orgasm or ejaculate. In adolescent males the refractory period may last only minutes. For men aged 50 and above this period may last from several minutes to a day. Women do not experience a refractory period. They can become aroused again quickly. They may experience multiple orgasm if continued sexual stimulation is provided. Hypoactive sexual desire disorder is a sexual dysfunction characterized by lack of interest in sexual activity. Female sexual arousal disorder is characterized by difficulty in becoming sexually aroused. The may not be sufficient vaginal lubrication or sustainable arousal to engage in satisfying sexual relations. Male erectile disorder is characterized by repeated difficulty becoming sexually aroused therefore resulting in failure to achieve or sustain and erection Orgasmic disorder is when one has difficulty reaching orgasm even though they have become adequately aroused. Premature ejaculation is rapid ejaculation that occurs with minimal sexual stimulation. Sexual dysfunctions are often treated with sex therapy. This treatment refers to a relatively brief and direct form of psychological treatment that incorporates cognitive and behavioral components. There are several methods that are used. Reducing performance anxiety. Clients engage in activities like massage or petting under â€Å"nondemand† circumstance for a time to reduce performance anxiety. There is to be no sexual arousal or intercourse at first. Decreased anxiety allows natural reflexes such as erection, lubrication and orgasm to occur. Changing Self-defeating attitudes and expectations. Clients are shown that anxiety levels are raised when expectations of failure are raised thus become reality. Teaching sexual skills. If premature ejaculation is present the client may be shown how to delay ejaculation with the stop-and-go-method. This allows the man to better gauge the level of stimulation that triggers ejaculatory reflex. Enhancing sexual knowledge. Some clients are misinformed or have no knowledge about biological and sexual functioning. Improving sexual communication. Couples are taught ways of showing their partner what they do and do not like. Biological treatments are sometimes used for specific sexual dysfunctions. The drug Viagra helps men attain erection by relaxing the muscles surrounding the blood vessels in the penis. This allows more blood to flow in and the erection to harden. Viagra does not seem to be effective in treating female sexual dysfunction. There are continued efforts to find a pill that will assist females as well.

Alternative Dispute Resolution Mechanism

ALTERNATIVE DISPUTE RESOLUTION APPROACHES AND THEIR APPLICATION Yona Shamir Israel Center for Negotiation and Mediation (ICNM), Israel (Assisted by Ran Kutner) SC-2003/WS/43 The designations employed and the presentation of material throughout this publication do not imply the expression of any opinion whatsoever on the part of UNESCO concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries.The authors are responsible for the choice and the presentation of the facts contained in this book and for the opinions expressed therein, which are not necessarily those of UNESCO and do not commit the Organization. ACKNOWLEDGMENT This article is a contribution from UNESCO’s International Hydrological Programme to the World Water Assessment Programme. It was prepared within the framework of the joint UNESCO–Green Cross International project entitled â€Å"From Potential Conflict to Co-o peration Potential (PCCP): Water for Peace,† and was made possible by the generous financial assistance of the Japanese government.CONTENTS Summary 1. Introduction and Overview 2. The ADR (Alternative Dispute Resolution) Spectrum 3. Negotiation: Principles and Procedures 3. 1. Competitive and Integrative Models 3. 2. Principles 3. 3. Skills 3. 4. Cultural and Identity Aspects 3. 5. Psychological Aspects 3. 5. 1. Psychological Traps 3. 6. International Negotiation 3. 7. Negotiations Over Water 3. 7. 1. International Water Negotiations/Conflicts 3. 7. 2. Intra-national Water Negotiations/Disputes 3. 8. Treaties 4. Mediation 4. 1. The Advantages of Mediation 4. 2. Positive Results of Mediation 4. 3. The Role of the Mediator 4. . Skills and Tools of a Good Mediator 4. 5. The Problems that the Mediator Attempts to Resolve 4. 6. Techniques and Strategies 4. 7. Models and Approaches to Mediation 4. 8. Controversial Issues in Mediation 4. 9. Psychological Issues 4. 10. Ethical Code, I ssues, and Dilemmas 4. 11. International Mediation 4. 11. 1. Mediation in International Water Conflicts 5. Consensus Building: Principles, and Procedures 5. 1. Principles and Procedures 6. Conclusion 7. ADR Basics: Definitions Bibliography 1 2 4 6 6 7 10 12 13 14 16 18 18 21 22 23 24 25 25 26 26 26 27 29 29 30 31 31 33 33 36 37 40ALTERNATIVE DISPUTE RESOLUTION APPROACHES AND THEIR APPLICATION Alternative Dispute Resolution comprises various approaches for resolving disputes in a non-confrontational way, ranging from negotiation between the two parties, a multiparty negotiation, through mediation, consensus building, to arbitration and adjudication The article introduces the key skills required, with particular attention to their important role in the process of negotiation and mediation, with examples of their application in national and international water conflicts. Conflict is endemic to human society, among individuals and groups, and it is important to manage it.We find stories in the Bible, in the Islamic culture, among Native Americans, First Nations in Canada, and many other traditions that describe processes that have been used from the earliest times to find peaceful solutions to various disputes, and much can be learned from the past. In recent decades, the various conflict resolution approaches have become a widely accepted field both of academic study and of practice, with official and/or legislative functions in many countries. In international relations, they plays an increasing role in containing, managing and resolving potential sources of conflict.The article reviews its complex development. While conflict can be dangerous, it also carries the possibility of producing creative cooperation in a win–win solution. The key to this is for participants to engage as joint problem solvers, seeking to resolve the dispute, and to try and â€Å"enlarge the pie† rather than acting as adversaries and aggravating the situation. A mediator can play a valuable role in this process, facilitate a negotiation process which has come to a dead end, helping the parties concerned to focus on their essential interests rather than defend (or attack) fixed positions.The principles and procedures of consensus building are dealt with in some detail. The article outlines the principles of negotiation, based on interests and needs of the parties, the use of proper communication, and maintenance of a working relationship as an essential component for reaching a durable agreement. It lists and considers the essential skills needed by negotiators and mediators, and points the different cultural expectations (national, regional, religious, or professional) and the psychological aspects that affect perceptions and communications.It outlines a range of strategies for and approaches to mediation, and the ethical problems that may arise. 1 1. INTRODUCTION AND OVERVIEW Alternative Dispute Resolution (ADR, sometimes also called â€Å"Appropriat e Dispute Resolution†) is a general term, used to define a set of approaches and techniques aimed at resolving disputes in a non-confrontational way. It covers a broad spectrum of approaches, from party-to-party engagement in negotiations as the most direct way to reach a mutually accepted resolution, to arbitration and adjudication at the other end, where an external party imposes a solution.Somewhere along the axis of ADR approaches between these two extremes lies â€Å"mediation,† a process by which a third party aids the disputants to reach a mutually agreed solution. This article introduces the key concepts, principles and skills of ADR in a generic form with examples of how they might be applied in the context of water conflicts. The glossary contains definitions of terms used, and readers are advised to familiarize themselves with them. Conflicts have existed in all cultures, religions, and societies since time immemorial, as long as humans have walked the earth. In fact, they also exist in the animal kingdom. Philosophies and procedures for dealing with conflicts have been part of the human heritage, differing between cultures and societies. Nations, groups, and individuals have tried throughout history to manage conflicts in order to minimize the negative and undesirable effects that they may pose. Conflicts can develop in any situation where people interact, in every situation where two or more persons, or groups of people, perceive that their interests are opposing, and that these interests cannot be met to the satisfaction of all the parties involved.Because conflicts are an integral part of human interaction, one must learn to manage them, to deal with them in a way that will prevent escalation and destruction, and come up with innovative and creative ideas to resolve them. Dealing with conflicts – â€Å"conflict management,† or â€Å"conflict resolution† as it has come to be called in professional circles – is as old as humanity itself. Stories of handling conflicts and the art of managing them are told at length throughout the history of every nation and ethnic group who share the same history. Conflicts have been recorded from the very early days of humankind.We find in The Bible and similar religious and historical documents in different cultures an account of conflicts that were resolved by various processes, including negotiation, mediation, arbitration, and adjudication. We also find accounts of various types of negotiations: between animals and humans, between two persons, between an individual and a group, between two groups, and between humans and God. The first negotiation in The Bible was between the snake and Eve, over the apple in the Garden of Eden. But not all conflicts in religious scriptures have been resolved by alternative/appropriate dispute resolution (ADR).One that was resolved by force and violence is the story of Cain and Abel. In The Bible we find among many s tories of conflicts and their resolution, the story of Abraham and Lot negotiating, where Abraham, in order to avoid a fight, offers Lot a deal that Lot cannot refuse. Negotiation was conducted not only between people, but also between humans and God. Abraham negotiated with God over the fate of the people of Sodom and Gomorra. God also acted as a mediator between Abraham and Sara when she wanted Abraham to expel Hagar and her son.In the Muslim tradition we find the story of Muhammad who negotiated with God over the number of times that the followers will pray. Muhammad managed to reduce the number from the initial fifty times a day down to five, using as his main argument the necessity to leave enough time for people to do things other than pray. Throughout history, individuals and groups used a variety of ways to resolve their disputes, trying to reach a resolution acceptable to all parties. There is a 2 common belief in all cultures that it is best to resolve disputes and to reac h an agreed end to them, because conflict is a destructive force. In the wentieth century many reached the understanding that disputes are normal in human society, and not necessarily destructive, and that if they do not get out of hand they may have within them a potential for growth, maturity, and social changes, an opportunity for new ways of thinking and new experiences. Because conflicts are an integral part of human interaction, one should learn to manage them: to deal with them in a way that prevents escalation and destruction, and arrives at new, innovative, and creative ideas to resolve them. Much can be learned about the different ways in which conflicts have been prevented in the past.In older societies, resolving disputes was considered a unique ability reserved for the wise and the elders of the community or for religious leaders. More recently, conflict prevention has become a primary focus of interest for everyone, and this has resulted in an ever-expanding field of s tudy and practice. The field of conflict resolution gained momentum in the last three decades of the twentieth century. It has developed into a widely accepted field of study, where skills and strategies are being taught, and changes in philosophical attitudes occur through training and enhanced self-awareness.The increasing academic activity and practical training initiatives have generated a vast and expanding body of research and publications. The field is characterized by diversity and complexity. It is diverse because conflicts exist in every facet of individual and social life: between business partners, employers and employees, among employees, between trading partners, among neighbors, between parents and their children, husbands and wives, an individual and society, and between countries.The field of â€Å"conflict resolution† has matured as a multidisciplinary field involving psychology, sociology, social studies, law, business, anthropology, gender studies, politic al sciences, and international relations. The discipline is complex because it deals with conflicts at different stages of their existence, and also because it is a mix of theory and practice, and of art and science, as Howard Raiffa demonstrated so brilliantly in his book The Art and Science of Negotiation (1982). The â€Å"science† is the systematic analysis of problem solving, and the †art† is the skills, personal abilities, and wisdom.Some conflicts may not be resolved easily, and can last many years. Sometimes these conflicts persist in spite of the fact that they cause heavy losses of resources, and even human life. According to a study at Stanford University (Arrow et al. , 1995) there are three categories of barriers to resolving conflicts: ? ? ? Tactical and strategic barriers; these stem from the parties’ efforts to maximize short or long term gains. Psychological barriers; these stem from differences in social identity, needs, fear, interpretatio n, values, and perceptions of one another.Organizational, institutional and structural barriers; these can disrupt the transfer of information, and prevent leaders from reaching decisions that are in the interests of the parties in dispute. A conflict may store within it the potential for a future major dispute, but at the same time it also contains the possibility of future creative cooperation, provided the parties seek what is called the â€Å"win–win solution. † To accomplish this, one must learn to negotiate in a manner that is less competitive and adversarial, thereby invoking the potential for cooperation.By working together as â€Å"joint problem solvers† seeking joint solutions and not working against one another, the participants can â€Å"enlarge the pie† that is to be 3 divided. This can be done either by negotiation, or with the help of an impartial third party who will act as mediator. Third-party intervention is used when a negotiation reac hes an impasse. It is used to restore belief in the possibility of a beneficial resolution for the parties, future dialogue, and restored relationships, while leaving the control over the decisions with the parties.President Carter acted as a mediator between President Sadat of Egypt and Prime Minister Begin of Israel. Former US Senator George Mitchell acted as a mediator in Northern Ireland. An outside third party, whether a person (Archbishop Desmond Tutu), a group of people, a representative of a state (Henry Kissinger), or an international organization (The Vatican, The UN) can act as a mediator, in an attempt to help the parties reach an understanding, and an agreed solution to the conflict.A third party, a neutral, can also act as an arbitrator, hear the parties’ arguments and reach a decision which can be binding, or non-binding according to the agreement made beforehand. A dispute between Israel and Egypt over the location of the border between the two countries in th e Gulf of the Red Sea was settled in favor of Egypt by an international arbitration panel, on September 29 1988. Israel had to return the town of Taba, a resort town near Eilat, to Egypt as a result of the arbitration.Adjudication is another method that can be used as an alternative in the international arena (The International Court in The Hague) and in the national local system. The courts have the ability to enforce the law in the case of a failure of the parties to reach agreement through negotiation or mediation. There is a law, and a way to enforce it without the consent of the parties. In international disputes, where states are involved, when problems arise due to opposing interests, such as security and/or resources, an outside enforcer cannot act where it is not acceptable to one or more of the parties involved.Ruling by the International Court can end the conflict only if the two countries agree to abide by its ruling. Conflict prevention, de-escalation, management, and r esolution can all be applied to conflicts involving water. The choice of the applicable process will depend on the particular circumstances and context of the water conflict. We will examine each of these key processes and than review their potential role in water conflicts. 2. THE ADR (ALTERNATIVE DISPUTE RESOLUTION) SPECTRUMOn the spectrum between an agreement reached by the parties by direct negotiation, based on mutual understanding, and a binding decision rendered by a third party’s authority in a procedure of adjudication, there are many other ways of dealing with disputes. These options and possibilities create â€Å"a menu† of alternative or appropriate dispute resolution (ADR) that parties may choose to use, with the intent of removing a potential source of conflict, preventing its escalation into a dispute, and finding the way back to a constructive cooperative and a potentially productive future working relationship.The ADR â€Å"movement† started in the United States in the 1970s in response to the need to find more efficient and effective alternatives to litigation. Today, ADR is 4 flourishing throughout the world because it has proven itself, in multiple ways, to be a better way to resolve disputes. The search for efficient and better ways to resolve disputes, and the art of managing conflicts, are as old as humanity itself, yet it has only been within the last thirty years or so that ADR as a movement has begun to be embraced enthusiastically by the legal system.More recently, ADR has become institutionalized as part of many court systems and system for justice as a whole throughout the world. The first ADR method to gain acceptance was arbitration, which shared many of its practices and procedures with the judicial system, including the judge (or arbitrator) deciding the outcome of the dispute. ADR has matured and developed, and mediation is being received as a preferred alternative and has become widely accepted as a proce ss providing more flexibility and less procedural complexity.The US Federal Civil Rights Act (1964) led to the formation of the CRS (Community Relations Service in the US Department of Justice), which was mandated to help â€Å"communities and persons therein in resolving disputes, disagreements, or difficulties relating to discriminatory practices based on race, color, or national origin† (Moore, 1996). â€Å"Mediators† were asked to assist in resolving disputes of any sort, and not only to deal with issues of discrimination (Goldberg et al. , 1992).The US federal government funded Neighborhood Justice Centers (NJC), provide free or low-cost mediation services. Throughout the United States and other countries, the courts became involved in mediation, following Professor Frank Sander’s (Harvard University) vision of a courthouse that would become a dispute resolution center – a â€Å"multi-door courthouse† – where each case would be referred to a process most appropriate to it. The NJC’s became part of a city-based, court-based, or district attorney-based alternative dispute resolution service.The American Bar Association took a proactive role in the process and created CPR – The Center for Public Resources center – which provides ADR services. Following an act of Congress (1990), federal agencies are obligated to use mediation in certain civil cases before going to court. Many states passed a law requiring mandatory mediation. In the private sector, many large US and multinational companies signed a mediation pledge, according to which they use mediation before going to court. Several countries are experiencing similar growth while continuing to develop new and creative ADR processes and applications.Canada, New Zealand, Australia, and the United Kingdom have become pioneers in the field. In the United Kingdom, the Advisory, Conciliation and Arbitration Service (ACAS) was set up in 1974 to deal wi th industrial disputes, and at the end of the 1980s commercial mediation services became available, corresponding to the Lord Chancellor’s statement in a television interview, â€Å"Mediation and other methods of resolving disputes earlier, without going to court, produce satisfactory results to both sides are, I think, very much to be encouraged† (Acland, 1990).The ADR movement has been gaining popularity, and a movement that started as an answer to needs of the judicial system, has generated interest in a variety of fields (such as education, society, environment, international, and gender concerns). In the 1980s, the US National Association of Mediation in Education (NAME) was founded, and a large variety of ADR programs, including negotiation, problem solving, and mediation was introduced in schools.A variety of skills and techniques are taught: communication skills, different approaches of managing conflicts effectively, tracing needs and real interests, moving fr om positions to interests, how to deal with intense emotions, re-framing, open questions, and so on. The expansion of these programs and practices in education is becoming increasingly widespread. In 1997, there were over 8,500 school-based 5 conflict resolution programs in the United States, taught in over 86,000 public schools.Alongside the search for ways to solve or manage diversities that turn into disputes and help people manage/solve existing disputes, advocates of ADR emphasize the need to develop and use the skills resulting from diversity that can help to prevent the escalation of disputes; this can be done by using joint problem solving in conflict situations, in order to enhance cooperation for the improvement of future relations. 3. NEGOTIATION: PRINCIPLES AND PROCEDURES Goldberg, Sander, and Rogers in Dispute Resolution: Negotiation, Mediation, and Other Processes (1992) define negotiation as â€Å"communication for the purpose of persuasion. Negotiation is a process in which parties to a dispute discuss possible outcomes directly with each other. Parties exchange proposals and demands, make arguments, and continue the discussion until a solution is reached, or an impasse declared. In negotiations there are three approaches to resolving the dispute, each with a different orientation and focus – interest-based, rights-based, and power-based – and they can result in different outcomes (Ury et al. , 1993). INTEREST-BASED NEGOTIATION This approach shifts the focus of the discussion from positions to interests.Because there are many interests underlying any position, a discussion based on interests opens up a range of possibilities and creative options, whereas positions very often cannot be reconciled and may therefore lead to a dead end. The dialogue on interest should be transparent, in order for the parties to arrive at an agreement that will satisfy the needs and interests of the parties. While interest-based negotiations have the potential of leading to the best outcomes, the parties may not adopt it, and therefore we often find that negotiations are â€Å"rights-based† or â€Å"power-based. † RIGHTS-BASED NEGOTIATIONWhen negotiations between parties fail, the parties may then attempt to resort to what they consider to be their rights. This means appealing to the court (local, national, or international) and will result in a legal process in which the law is the dominant feature. POWER-BASED NEGOTIATION Resorting to threat or even violence as a way of communication for the purpose of persuasion is called power-based negotiation (for example, the posture of the Americans in the Cuban missile crisis). Rights-based and power-based approaches are used at times when parties cannot or are not willing to resolve their issues through interest-based negotiation. . 1. Competitive and Integrative Models Negotiations are characterized by polarity between two extremes: ? ? Competition – Cooperation O pposing interests – Common interests Competition and opposing interests lead to a requirement by the parties to divide the assets or resources under dispute. They lead to â€Å"dividing the pie† or â€Å"claiming value,† 6 in other words a â€Å"zero-sum game. † On the other hand, when negotiations are based on cooperation and identification of common interests, this can lead to seeking opportunities for â€Å"increasing the pie† (which is also called â€Å"creating value†).When negotiations are based on common interests, cooperation, and joint problem solving, this is called the â€Å"integrative or collaborative model. † This model was developed at PON (the Project On Negotiation) at Harvard University in the early 1980s. It is useful for parties to negotiate over a number of issues or resources, since they can try to create value and maximize benefits by trade offs between them. This is because the order of priority among these iss ues for one party may differ from that of the other and provide an opportunity for exchanges.Therefore, the parties find ways to increase gains through creativity, originality, and linkage between issues to enlarge the overall pie, thereby creating value. To provide an historical example of the difference between positions and interests, consider the issue of the Sinai in the dealings between President Anwar Sadat of Egypt and Prime Minister Menahem Begin of Israel, in the wake of the 1967 Six Day War. Each leader claimed that the territory of the Sinai, taken over by Israel in the war, belonged to his nation. This was their stated position.President Jimmy Carter, acting as mediator, interrogated the two leaders as to their interests, and identified them as follows: Egypt wanted sovereignty over the territory, in line with the national position that Egypt would not yield control over the territory which it considered to be its own; Israel’s interest was to have guarantees of security on its border with Egypt, in view of the threat it had been facing on this border previously. President Carter then proposed that the Sinai would be returned to sovereign Egyptian rule, but would remain a demilitarized zone.This creative solution satisfied the interests of both sides, and was therefore agreed. The principles of the interest-based model can be used in any type of negotiations: from buying a car to resolving a conflict between the United States and Mexico over water, and from buying a company to dealing with the selection of a site for building a wastewater treatment plant. Negotiation based on â€Å"rights† or â€Å"power† fall under the â€Å"adversarial, distributive, or competitive model,† where the parties try to get the best deal for themselves at a cost to the others. A gain for one side means a loss for the other.Living in a society in which competition is part of the daily experience, we tend to think of competition as the only w ay to reach our goals. Competition is almost always at the expense of someone else. In the â€Å"conventional way,† a negotiation is â€Å"zero-sum game† – whatever one side wins the other side loses. Both of the parties assume that it would be best to ensure that they end the negotiation at the positive side of the equation. 3. 2. Principles â€Å"The reason to negotiate is to produce something better than the results that you can obtain without negotiation† (Fisher et al. 1991). The goal is to reach an agreement that is acceptable to all parties, to which they remain committed, and which they indeed implement. This is the essence of interest-based negotiations, which has the following principles: 7 INTERESTS–NEEDS Interests are needs (food, shelter, security, and so on), desires, aspirations, fears, hopes, and concerns. Positions are what we want and demand. The interests are the reasons behind the position. In negotiating on the basis of interes ts, parties will need to: ? ? ? distinguish between positions and interests move from positions to interests list all the interests according to priority think of positions as only one of many solutions to the problem. ALTERNATIVES Alternatives are those actions that one can take outside the negotiations, alone or possibly with a third partner, but without the party with whom one negotiates. The alternative that yields the best outcome for you is called the BATNA (Best Alternative To a Negotiated Agreement). The BATNA is the â€Å"best alternative to a negotiated agreement. If any of your alternatives without negotiation is better than the deal on the negotiating table, you will obviously go to the best alternative. If however the deal on the table is better than any of your alternatives, it will be your BATNA. It is important to make sure that the alternatives are indeed realistic, and try to improve your BATNA, because the BATNA influences the way in which you conduct the negotia tions. Having a BATNA provides us with the ability to negotiate effectively, and provide the answers to the following: ? ? ?What are our alternatives if this negotiation reaches a dead end? Do we have an alternative at all if the negotiations fail? Which agreement do we consider (the one which is at least as good as our BATNA)? OPTIONS This is the range of outcomes that the parties agree to consider during the negotiations. Options are outcomes that can enlarge the pie and create value with little or no extra cost to the parties. In developing the options use the following criteria: ? ? ? Use brain storming among the parties to generate a list of options.Look to the interests in order to generate a broad range of options to choose from. Include options that will answer both parties’ needs and interests. STANDARDS AND CRITERIA Objective standards and criteria can be used in the negotiations to enable both parties to perceive the process as fair and legitimate. Objective standa rds and criteria include: ? ? ? ? ? market value of an asset or a resource the law regarding the matter being discussed precedents opinion of an expert priority of human water consumption over other users (in water issues). 8 COMMUNICATIONThis refers to all the means by which the parties communicate with each another, including spoken words, level and tone of speech, body language, and any other means that parties use to signal to one another. This is important because part of the message is not just the words, but also in the manner in which it is delivered. To consider these aspects one must: ? ? be attentive to all signals of communication speak clearly and exercise â€Å"active listening† (discussed in Section 3. 3: Skills). RELATIONSHIP This refers to the interpersonal and intergroup dynamics between all the parties to the negotiation.Proper consideration of these elements requires that one: ? ? Separate the people from the substance; that is, do not allow oneself to bec ome personal, but stick to the matters being discussed. Consider that there are differences in the way in which people in other cultures value interpersonal relationships as a precondition to holding negotiations. AGREEMENT AND COMMITMENT An agreement should be specific, realistic, operational, clear, and understood by all parties. It should be specific as to who will do what, how, when, and where. In the agreement the parties should commit to what they have agreed.Before signing an agreement one should ask: ? ? ? ? ? Does the agreement anticipate future contingencies, to avoid surprises and disappointments that may result in motivation not to uphold it? Do we have the authority to sign this agreement? Does the other side have the authority to sign this agreement? Do we want a tentative agreement, subject to final approval? Do we want an interim agreement that covers only part of the issues and leaves the rest for a further and final agreement? In interest-based negotiation one shou ld strive to reach an agreement that will satisfy: ? all or most of our interests, and the other parties’ interests in a way that will be acceptable to them. One needs to ensure that the other parties’ interests are met to a degree that will satisfy their interests because their interests are inextricably tied to one’s own and both needs have to be met in order for the agreement to hold. Be cognizant of parties that are absent from the negotiations who will be affected by them or have an influence on their outcome. When Israel signed the contract with the Chinese on the Falcon aircraft, the agreement was satisfactory to both parties, the Israelis and the Chinese.Israel just forgot the third party – the United States – which was not interested in selling know how to the Chinese and objected to the deal. As a result, the agreement fell through, and Israel had to compensate the Chinese for not fulfilling the agreement. 9 3. 3. Skills COMMUNICATION SKI LLS: ACTIVE LISTENING This is one of the most important and difficult skills for a negotiator and a mediator. Active listening as a skill and technique are taught to, and applied by, negotiators and mediators to enhance their effectiveness during the process.Active listening means stopping our inner voices, and truly listening to the other person. Listening will enable you to hear important information, and learn a great deal about the other party. By listening attentively you: ? ? ? ? ? Show interest in what the other party has to say. Show understanding to the way they feel, their positions and underlying issues, hidden agendas, demands, and priorities (showing understanding does not mean that you agree with what was said). Acknowledge that people like to be listened to, and when you listen, you create a positive atmosphere.Hope it may clarify many issues; make you understand the other side’s point of view, and show respect to the other party’s needs, hopes, and fear s. Hope it may help to improve the relationship, and break the cycle of arguments. COMMUNICATION SKILLS: TALKING CLEARLY AND PRECISELY Effective negotiation is also making sure that whatever you said was understood in the way that you meant it to be. You have to speak clearly, phrase your sentences carefully, make sure that the other party listens to you, and check with the other party to make sure that they understood you correctly.Send messages that are comprehensive, and explain where you are coming from, your needs, hopes, and fears. While talking you have to assess if the other party is listening, and how they hear/receive your message. RE-FRAMING POSITIONS AS INTERESTS Re-framing is a way of giving feedback, and showing that you listened and understood what the other party said. It is restating and capturing the essence of what the other party said. One removes the negative tones, and translates the statements of positions into statements of interests and needs. When we start negotiating we have to identify the issues at the table.The issues have to be defined in a neutral and acceptable way to all, and not include any suggestions of the outcome, or judgment of any kind. Typically, parties start the negotiation process by stating their position, and their conclusion of what to do based on it. If the one party opens the negotiation in this manner, that is, by stating a position, it is very helpful to re-frame it as an interest. It helps the parties to identify their interests, and move from position to interests. The supplier to buyer at the municipality: â€Å"I am not going to supply you another pencil before I see some payment for my last shipment. The buyer: â€Å"So, you need a business that can pay you regularly for your supplies. † UNDERSTANDING AND PERCEPTION The negotiation process is influenced by our perceptions and our interpretation of reality. Perceptions are influenced by personal experience, emotional state of mind, and cultural ba ckground. 10 Perception, as shown in Akira Kurosawa’s film Rashomon (1951), varies from one individual to another; we know that four different people who witnessed the same murder may give four totally different accounts of what happened.The negotiator and mediator have to keep eye contact, listen carefully, and make sure that they understood exactly what the other party said. It is important to reframe what was said in order to make sure that what was said was understood and was indeed what was meant. Make sure that what was said was understood correctly, and that the other party knows you have understood. â€Å"Let me make sure that I understood what you said, when you said that we should go ahead with our plans: does it mean that you will be a full partner, or just our contractor? When you negotiate in India and the other party nods his head up and down, does it mean â€Å"yes†? In India it means â€Å"No. † OPEN QUESTIONS Questions are an essential skill fo r the negotiator and mediator. When asking a closed question, we get â€Å"yes† or â€Å"no† for an answer. Often these types of questions are also leading questions â€Å"Would you agree that . . . † â€Å"Didn’t you think that it was unfair . . . † The closed questions, and the leading ones, do not provide us with the essential information we need at the negotiating table and they tend to close down the discussion. Do you want to buy this property? † will provide us only with a â€Å"yes–no† answer, which does not include all the important information regarding the intention/ability of the buyer. â€Å"What are the problems that concern you? † is a question which will provide us with important information as to how they feel about it, what are their concerns, their plans, and so on. â€Å"How do you view the offer Mr. Brown has just made? † is an open-ended question, while â€Å"Do you like Mr. Brown’s of fer? † is a closed question.Open-ended questions such as: â€Å"What are in your opinion the possible advantages and disadvantages regarding his offer? † or â€Å"What would you need to clarify prior to your counter-offer? † provide us with important information that can help the process rather than bring it to a dead end. You have to be aware of your prejudices, values, and biases when you ask the questions, so that if you have any they will not be evident from your tone or body language. SEPARATE THE PEOPLE FROM THE PROBLEM It is important to understand the other party’s point of view, needs, interests, and concerns.One does not have to agree with the other point of view, just understand that it is legitimate to have a different point of view, needs, and concerns. One has to separate the people from the problem. Removing the person usually does not remove or solve the problem. However, trying to separate the person from the problem is not always practica ble. There are societies in which personal relationships have a very high value, and separating the two is difficult. 11 3. 4. Cultural and Identity Aspects International and ethnic conflicts have within them components that are intangible, hard to define and to identify: culture and identity.Without recognizing them, and dealing with them, the negotiation or mediation has little chance of success. Faure and Rubin (1993) define culture as â€Å"a set of shared and enduring meanings, values, and beliefs that characterize national, ethnic, and other groups, and orient their behavior. † There are cultural differences between the individual and the collective. There are countries and cultures that stress the high value of collective responsibility and commitment to the group, while in others the stress is on individualism and responsibility to oneself.The Sulha is the Arab traditional way of conflict resolution. It works because of the collective responsibility of the extended fa mily (hamula). This responsibility and commitment to preserve the honor and reputation of the family prevents all members of the family (even those who did not participate personally in the ceremony, and future generations) from breaking the customs and laws of the Sulha (Jabur, 1993). The Sulha is usually used in disputes such as family honor, killing, physical harm, or maiming.In desert areas and arid zones we find the use of the Sulha also in water disputes, as among the Bedouins in the south of Israel and the Berbers in Morocco. â€Å"Both Berbers and Bedouin follow this Islamic practice of a ritual ceremony of forgiveness. Once the ceremony is performed, the dispute may not be discussed – it is as if it never occurred† (Wolf, 2000). It is an effective and efficient way of resolving disputes in these communities. Even in cultures with a high degree of collective responsibility (such as Japan and China), we find cases where individual goals are opposed to the collec tive ones.We recognize the existence of sub-cultural differences in religions, organizations, and gender, and within various groups of professions (doctors, engineers, and so on). People who work in teams seem to demonstrate a collective responsibility, more so than pilots or athletes such as long-distance runners who are used to working individually. It is possible that the subculture of a hydraulic engineer as a professional person, will clash with his/her national culture of a certain belief and attitude towards water as a symbol.Culture is a very complex but important component, which should be taken into account in negotiation because it influences our perception of the world, our set of values, our actions, our decisions, and the results of the process. When negotiating with people, one should keep in mind that negotiators have different personalities, they come from different backgrounds, carry certain values and beliefs, and that the differences in their culture can be manif ested in several ways. One has to be aware of the many factors which may impact the negotiation: time, language, body signs, style, space, symbols, social and collective esponsibility, and the tradition of the social system. The Umatilla Basin conflict was over reserved water rights of the Indian Tribes for protection of the flow for fisheries, and for the use of the water by non-Indians for irrigation. This conflict over water rights not only carried within it the economic issues, but also had significant religious and cultural importance for the Indians, which had to be taken into consideration for the success of the consensus building process. (http://www. umatilla. nsn. us/basin. html) 12The cultural aspect is evident in ethnic conflicts within a country, and between nations. Negotiators from different cultures will value the element of time and space differently. Negotiators from some cultures are task-oriented and want to conclude the deal, while others are relationship-orient ed, and will not reach an agreement before getting to know, and creating a relationship with, the other party. Some negotiators perceive the negotiation process as a zero-sum game, a competitive process, while others will view it as a cooperative, joint problem-solving process.Some may come from social systems where force and power determine the results of the negotiation, and some from cultures where women are not accepted as negotiators. Culture is manifested in the behavioral styles of nations or communities, norms of behavior, hierarchies of social system, and social behavior. Negotiation can fail because one party is not sensitive to these cultural differences, or to the special communication style and decision-making pattern of their partners. Identity as defined by J. Rothman â€Å"is people’s collective need for dignity, recognition, safety, control, purpose, and efficacy. Many conflicts carry within them identity issues, and these conflicts may last many decades and be very destructive domestically (the conflict in Northern Ireland) or internationally (the conflict in Yugoslavia). Many international and group conflicts contain identity-based interests and needs that were not fulfilled (Rothman, 1993). These types of conflicts are very difficult to resolve and often require the assistance of a third party, acting as a facilitator/mediator. Sometimes a team of facilitators/mediators is used.The approach to resolving cultural and identity-based conflicts is a combination of interest-based negotiation and the process of dialogue and consensus building. The â€Å"third party† would help to identify the parties to the negotiation and decide who the participants will be; conduct a conflict assessment by identifying the major issues and interests of the parties; and identify the reasons and motivation for participating and resolving the conflict. Because the process is voluntary, one has to: ? ? ? ? Understand the needs of the parties to partic ipate. Build confidence in the process among the parties.Design the process as one that is open and honest. Provide equal access to data and information to all parties in order to build confidence in the process and the participants, facilitate their dialogue, assist in generating many creative options, and come to a consensus on the best option(s) and a solution acceptable to the parties. It is then the responsibility of the parties to implement the agreed solution. These tasks may take place over an extended period of time, depending on the ability and willingness of the parties to work for mutual gain, and the nature and complexity of the negotiation. 3. 5.Psychological Aspects The psychological attitude of individuals to negotiation, their personal perceptions, past experience, and expectations are manifested in rational or irrational decisions, which have an effect on the outcome of the negotiation. When people engage in negotiation there are emotions involved that affect their attitude and actions. Anger, hurt, revenge, hope, and fear are all feelings that one brings to the negotiation table, and these feelings influence the process and have an impact on the outcome. These feelings have to be dealt with by the parties in order to reach a rational decision and resolve the dispute. 3 Negotiators arrive at the negotiation table not only with their personal feelings, but also with their personal tendencies and analysis of the situation. For example, the negotiator can be loss or risk averse, overconfident and optimistic, or unrealistic about the uncertainty of the negotiation outcome. These tendencies influence their behavior, and create obstacles, which may lead to unreasonable decisions (Tversky and Kahanman, 1995). Some negotiators tend to assume that it is best not to disclose information if they want to succeed in the negotiation.Parties are sometimes too concerned with the fear of â€Å"being taken advantage of† to be able to think of the negoti ation in terms of â€Å"joint problem solving. † Parties in a competitive negotiation may be indifferent to the gains of the other, but more often this competitiveness leads the parties down an emotional path where minimizing gains or causing a loss to the other party becomes the goal, even at the expense of their own interests. Many negotiators assume that the â€Å"pie is fixed† and therefore negotiate over position and not interests.The â€Å"fixed-pie bias† can prevent the parties from taking advantage of opportunities to enlarge the pie (Birk and Fox, 1999). 3. 5. 1. Psychological Traps Wanting to look tough and consistent in the eyes of the other party, and finding it important to prove – to themselves, to the constituencies at home, or to others – that one was right acting the way one did, may be a trap. It is common for negotiators to focus and react to the other party and their attitude, moves, and tactics, rather than focusing on a strate gy that would advance their own needs and interests.In many cases, this commitment to a course of action they started will be at a cost and will not achieve their own goals. As time moves on, parties to the negotiation feel that they have too much time, money, and ego invested, and backing off becomes less and less of an option (Bazerman and Neal, 1993). Both sides will often start with extreme demands, expecting to compromise somewhere in the middle. Getting caught up in the struggle, not wanting to be the first to â€Å"blink,† toughens the negotiation and makes both sides become more entrenched in their initial position.Parties may wish to impress the others by acting strong, being consistent, and making sure that they will not be taken advantage of. This also involves a notion that negotiators adopt in the line of showing strength: if you have doubts – be overconfident. This, and the need to be in full control, does not allow the questioning of one’s positio ns or the development of an ability to view things from different perspectives and consider different, sometimes more productive, approaches that would advance the negotiation.Being committed to a certain position or course of action creates a bias in favor of the data consistent with this specific course of action. One is ready and able to â€Å"hear† data and information that will support this position, but not open to hear or accept new ideas. This course encourages the parties in further self-persuasion and rationalization concerning the correctness of their positions. It also entails holding on to one’s positions without looking more deeply into the initial interests that may contradict the positions displayed.This attitude will lead the parties to miss opportunities to create options (or find a trade off) that might enlarge the pie and benefit both sides. Some negotiators would prefer to leave issues open or unresolved, and would even create a dispute rather than think they were defeated or were forced to make concessions. Instead of taking the risk of cooperating, some people would prefer the risk of competing, hoping to â€Å"win. † Research indicates that many negotiators will choose a small sure win over a risky larger win (Bazerman, 1986). 4 Research indicates that people become more entrapped when: ? ? ? They are especially anxious about their appearance in the eyes of others. They believe their effectiveness is judged and criticized by others (Rubin, 1981). They tend to interpret the other party’s offer of concession as a sign of weakness. This tendency makes one suspicious towards gestures of a constructive nature. Concession may be perceived as a â€Å"too easy gain† and rejected, while demands that are rejected or denied would be perceived as important.It is important to evaluate rationally what it is that one is about to lose or sacrifice. In many cases, an offer of concession may be perceived as an opportuni ty to demand and gain more, and instead of responding in a constructive manner, it leads to further toughening one’s positions (Ross and LaCroix, 1996). Other points that should be borne in mind are: ? ? When one is on a non-constructive course, the tendency is to expand and escalate. Conflicts independent of their initiating causes are developed, and are likely to continue after the initiating causes have been solved (Deutsch, 1973).Negotiators should try and search for the issues that both parties share in common, rather than the issues that would further expand the differences and create more barriers and dichotomies between the parties, misinterpretations of the other’s line of thought, and reduction of their own ability to resolve the dispute. The non-cooperative way of perceiving negotiation is not necessarily an outcome of people’s personality or character, but part of the western competitive society. It may be due to the fact that the parties o not know another way. ? In the â€Å"cooperative approach† it is important to share interests that will enable the parties to see the picture as a whole, evaluating the issues and interests, so that an agreement will be reached that will be acceptable to all parties, and not leave any ungarnered gains on the negotiating table. All parties have to understand that they have a common stake in the situation and that there is more to be gained by negotiating and exchanging ideas than by competing.A basic motivation in an â€Å"interest-based negotiation† is to collaborate for the mutual benefit of all parties. Putting one’s needs and interests on the negotiation table includes the presupposition that the other party is willing to take them into account and show understanding of those needs. Realizing that even opposing needs can be dealt with in a different way may lead to some creative new ideas. A well-known example that best describes the idea of the cooperative, integrati ve approach to negotiation is Mary Parker Follet’s story of the two sisters who both wanted the same orange.A non-cooperative but reasonable solution would be to cut it in half, each of the sisters getting her share. But, underestimating the true needs and interests of each of the sisters, it is revealed that while one wants to squeeze the orange in order to drink its juice, the other is aiming for its rind, planning to bake a cake with it. In this case it is possible to reach a solution that allows each of the sisters to gain more than by the presumably reasonable solution of cutting it in half (Fox and Urwick, 1973). 15In more complex situations, where the parties plan on future cooperation, a truly integrative negotiation would lead not only to a mutually agreed solution, but enlarge the pie by not leaving joint gains on the table. To reach an innovative solution, trust has to be gained. Trust makes it possible to open up consideration of the other party’s perspecti ve, needs, and interests. Sharing information, discussing concerns, talking about needs, and developing ways of thinking together will create a cooperative mode for a joint problem-solving negotiation process.Learning the strategies and techniques of interest-based negotiation, and understanding its benefits, make it possible to transform not only the approach towards negotiation, but also people’s perception of the way one should deal with conflicts. In many cases, where suspicion and mistrust are involved, where the dynamic is negative and destructive, and the negotiation process has come to a standstill, it is beneficial to use a neutral third party, a mediator, who will help facilitate the negotiation process. A third party’s presence may help to change the atmosphere.In the presence of a neutral, some of the antagonism and suspicions may be transformed into rational evaluation of the situation, helping to overcome the distrust in order to cross barriers that stand in the way of resolution. 3. 6. International Negotiation In past decades, only diplomats conducted international negotiation and agreements between countries. Negotiating today is not restricted to the diplomatic corps; it involves professional people, experts, non-governmental organizations, local interested groups, local authorities, and international entities, all of which have an impact on the process.Cultural issues play a major part in international negotiation, and have a significant impact on it. A strong personal relationship and trust between the negotiators can be a positive force in future agreements. Issues such as personal relations, time, sovereignty, face-saving, mode of bargaining, and hierarchy, which are culturally based, need to be considered during negotiations between different nations, societies, and ethnic groups. Today it is realized that conflicts and the issues involved are very complex, the outcomes are far reaching, and can often affect other nations, a region, or the world.The international negotiation process is more complex, because of the various interdependencies between countries, cultural issues, and past history, and the fact that individual people, or a group of people negotiate on behalf of a collective. Their culture, psychology, emotional state, behavior, ethics, values, and private agendas may affect the outcome of the negotiation. In the past decades the world has become one global village. Distances are smaller, communication means are easier and faster, and the economy has become a major factor in international relations.A conflict between two or more countries may affect a whole region. The conflict in Yugoslavia had an adverse effect economically on the shipping and transport industry on the Danube, with very heavy financial loses for countries such as Hungary, Ukraine, Germany, Romania, and Austria, which were not connected with the conflict in Yugoslavia (Egglestone, 1999). The Israeli–Palestinian confl ict affects the whole region, especially the economy and political situation of Israel and the Palestinian Authority, but also neighboring countries such as Egypt and Jordan that are negatively affected. 6 A conflict in one country may affect many markets around the world, as dependency between nations, economies, and international institutions – along with conflict situations – has increased. The terrorist attack in New York on September 11 2001 had a serious economic effect not only on the US but also on the global economy. We live in a new and changing world, in which negotiation plays a major role in resolving these conflicts. The bilateral arena is simpler than the multilateral arena because of the fact that there are only two adversaries with conflicting interests.The multilateral arena is a very involved one because of the fact that there are a number of parties, and many issues and interests at stake. The parties have to manage this complex situation by simplif ying, structuring, and deciding on the priorities of issues. They have to manage the proceedings, and the orientation that will provide a direction toward a mutually agreeable outcome (Zartman, 1994; see also article by Young in that volume). In the process of negotiation between countries, or international entities, one nation often needs to build a coalition with others to achieve its goals.The parties to the coalition do not have necessarily the same interests, priorities, or values, but have some similar objectives. Countries who try to form a coalition often use power, economic or military dependencies, and other strategies to induce other countries to join the coalition. The United States built a coalition with many countries during the Gulf war, and in the war against terrorism in Afghanistan. Coalitions are created by negotiation with the countries one wants as allies and partners, against another country (Watkins and Rosegrant, 1996).Turkey, while in conflict with Iraq and Syria, has created an economic and military alliance with Israel, buying military equipment from Israel, and is willing to sell water to Israel, while Syria, who in the past had a conflict with Iraq, strengthened her economic ties with that country (Francona, 1999). www. suit101. com/article/ctm/28688 Parties can form coalitions that may change in time, and with them the issues and interests may shift in the ladder of priorities. Multilateral agreements are always reached by consensus.Bangladesh, which formed a coalition with India who helped in gaining its independence from Pakistan, is threatening to cancel the Treaty of Friendship with India because of the issues of reduced quantities of water and increased salinity in the water, which endangers the existence of millions in Bangladesh (Frederick, 1996). Often countries negotiate over issues that influence directly the local/domestic publics. These publics may determine the outcome of the negotiation by supporting or 17 opposing a n agreement.It is important for a country to reach a consensus with the local domestic entities before an international agreement is reached. The Dutch nurseries and the Pure Water Institution sued the Alsace Potassium Co. ; the fact that there was a lawsuit against a French company influenced the French Government in their decision to ratify the 1979 Chemical Agreement (Haftendorn, 1999). 3. 7. Negotiations Over Water An increasing number of states are experiencing occasional or lasting water stress, yet in most cases mechanisms and institutions to manage disputes over water resources are either absent or inadequate.Competition over this precious resource could increasingly become a source of tension – and even conflict – between states and sectors. History has often shown that the need for freshwater can cause different users to cooperate, rather than allow confrontations that could jeopardize the water supplies. Competition may arise between different groups or sect ors (agriculture and cities), between countries (upstream–downstream), and over allocation and use of water between urban development and the environment. Water Conflicts can be resolved in various ways: ? ? Force: a decision imposed by force on one or more of the parties. Adjudication: a decision rendered by an authority, state, institution, Court of Law, or Special Master. Some states assign a â€Å"Special Master† who will act as a judge or arbitrator in water disputes. Negotiation: a decision requiring an agreement among the parties. The tendency for resolution in the world today is to use interest-based negotiation and mediation, equitable and reasonable use of water, and reach an agreement where the parties will jointly manage the shared water resources. . 7. 1. International Water Negotiations/Conflicts Water has always been an integral part of a nation’s history, religion, and culture, and carries an important symbolic importance. Problems and disputes o ver water in the national and international arena are a fact of life. Water, as a scarce resource, has always been a reason for conflicts between people, communities, and nations. Conflicts over water exist in many parts of the world.These conflicts can arise nationally and internationally and are due to the competing needs for and utilization of the water: drinking, irrigation, transportation, flood control, hydro-electricity, fishing, recreation, and the environment. Conflicts can arise between riparians situated upstream – who control the sources – and those downstream, who are at a disadvantage (e. g. the Nile, Sudan and Egypt), between those on the two banks of a river (the Parana River between Paraguay and Brazil), or around a lake (Lake Chad and The Sea of Galilee).Conflicts arise because of a range of issues. QUANTITY Concerns over quantity arise when the resource is not sufficient to meet all the needs of the riparian countries, frequently because of rising de mands due to population growth and improved standards of living. A country upstream, which controls the source, often claims sovereignty over the water, resulting in a conflict with the downstream countries. 18 Turkey claims sovereignty over the Euphrates and Tigris rivers, and started the GAP project, which will be beneficial to Turkey.This is a source of concern to Syria and Iraq downstream, and has resulted in tension with Turkey. (http://www. mfa. gov. tr/grupa. ad/adg/adgc/html) WATER QUALITY AND POLLUTION When upstream countries cause the pollution of a river and degrade the quality of the water reaching downstream riparians, water quality and pollution can cause conflicts between the users. Many countries along its route use the river Rhine. Pollution of the river has been caused by the chemical industries of Germany, Switzerland, and France, and the shipping industry along the river.The shipping issue was resolved in 1950 by creating an International Commission. The chemical pollution imposed a burden on the Netherlands, who