International Commercial Arbitration Essays

International Commercial Arbitration Essays International Commercial Arbitration Essay International Commercial Arbitration Essay Student Number: 16476928 PART I: Question 1 (30 marks) â€Å"An international arbitration procedure is governed by the terms of the agreement between the Parties, by the Rules under which they have chosen to conduct their arbitration, and by the legislation of the jurisdiction in which they have chosen to arbitrate. † Discuss how these three elements interact from the drafting of the dispute resolution agreement through to the enforcement of the resulting Award. International arbitration is the process in which disputing parties from different states can elect to resolve their disputes. The outcome of this is a binding award that due to international law of the New York Convention, can be enforced in many countries. International arbitration awards are final and binding, and their enforcement in provided for by the New York Convention[1]. International arbitration is often described as a hybrid of dispute resolution, as it permits parties a uniquely broad flexibility in designing arbitral proceedings. The elementary factor of all international arbitrations is that it is consensual. Simply, without an agreement to arbitrate, there will be no arbitration. Consent is fundamental in the arbitration process and begins from the very first decision to enter into an arbitration agreement[2]. In addition, the terms of the arbitration agreement between the parties plays a primary role in governing the arbitral proceedings[3]. The inclusion of an arbitration clause in a contract streamlines the resolution of a dispute between the parties, as it sets out procedures from he beginning. By drafting a dispute resolution agreement that specifically accommodates the needs of each party, there is greater assurance of a successful negotiation. The terms between the parties and the Rules which they have chosen to govern their arbitration are highly influential in shaping the dispute resolution process and the outcome. By choosing pre-existing arbitration rules and procedures, as opposed to ad hoc, par ties may feel more secure in the outcome as they are using an established format that has already been proven workable. Pre existing rules offer parties support and guidance throughout the process which can be very significant in shaping this process, as well as the enforcement of the final award. In effect, an institutional arbitration entrusts the arbitration to a major institution, while ad hoc is conducted without this guidance or organisation. For this reason, ad hoc arbitration can be more flexible. [4] Arbitration Rules act as a predetermined system of guidelines and procedures to assist parties throughout their arbitration process. For example, the UNCITRAL Arbitration Rules are a set of procedural rules that afford model arbitration clauses for parties to use in their contract, procedures to be used for appointing arbitrators and policies to conduct arbitration proceedings, as well as requirements regarding the arbitration award. Arbitration clauses commonly state that the parties are bound by the specific Rules of the Arbitration provider that they have chosen. Consequently during the drafting of the dispute resolution clause, parties make a conscious decision on what Rules they want to conduct their arbitration under, as these are the Rules that will govern a future dispute if it arises. Many agreements may not expressly include or outline the provider’s rules, yet they are considered part of the agreement between the contracting parties. Arbitration agreements are often pursuant to a standard form arbitration clause from the institution which they choose to refer to[5]. Rules of each institution provide procedures and policies that are to be followed and adhered to in the event a dispute arises. Inevitably, they will thus govern, to an extent, the procedure conducted in the international arbitration. Many countries laws allow parties generous freedom in deciding the procedures that they would like to govern their arbitration. This is apparent as parties can adopt and incorporate procedural rules of a specific institution, which consequently have a significant influence on the arbitration procedure. Thus Rules chosen by the parties to conduct their arbitration are highly formative in determining the style of the arbitration procedure. As institutional Rules vary, so does the structural style of the arbitration. The freedom given to parties in drafting their arbitration agreement is vast, and is one that is often utilised[6]. While institutional rules outline procedures that are to be taken, detailed regulation of the procedure is up to what the parties agree upon and/or what the tribunal decides. The autonomy of the parties involved in the dispute is said to be a guiding principle in determining the procedures that are to be followed in international arbitrations[7]. The terms of the contract between the parties outlines the obligations that each party has agreed to perform. These terms are used to interpret and resolve any disputes which may arise, in conjunction with the arbitration Rules that have been chosen[8]. The terms of the agreement between the parties create the foundational contractual basis of the agreement. Refusal or failure to perform a contractual obligation will lead to a breach of one of these terms which consequently creates a dispute between the parties. It is then that the arbitration clause is invoked. The law that is applicable to the arbitration agreement is sometimes expressly chosen by the parties. Often the substantive law that governs the main contract between the two parties is the law which governs the arbitration agreement. [9] The procedural law that applies to the arbitration must not be overlooked, as it impacts greatly on the arbitration procedure. Procedural law under which the parties have chosen to arbitrate may require or stipulate specific arbitral procedures or restrain procedures. In addition the procedural law influences the enforcement of the arbitral award. Consequently any exceptions to the enforceability of arbitral awards must be assessed under application of the relevant procedural law in which parties have chosen to arbitrate[10]. There are only limited grounds in the New York Convention for refusing to recognise or enforce an arbitral award[11]. If an arbitration agreement is not valid under its governing law then it is not enforceable. Most of the trading states have legislation regarding arbitration that corresponds with the rule of the New York Convention, which states that arbitration agreements are ‘presumptively enforceable’[12]. If there is a valid arbitration agreement between parties, this confers jurisdiction upon the arbitration tribunal to arbitrate. As a result, the disputing parties are ‘contractually obligated to submit their dispute to arbitration. ’ It is this arbitration agreement, as well as the law governing the arbitration, which vests power in the arbitrators[13]. The New York Convention provides that procedures must be in accordance with the agreement between the parties, and it is this which illustrates the significance that party autonomy plays in the arbitration process. However it is also noted that limitations do exists on this autonomy as a result of mandatory provisions of the law of the state in which the arbitration is conducted. These mandatory provisions mostly designate the boundaries in which arbitrators and parties are to work within[14]. Globalisation has increased trade and investment which has demanded need for methods of resolving disputes which are then enforceable. International Arbitration meets this demand as it allows for flexible and accommodating dispute resolution which is governed by the choices and promises between parties. Arbitration offers flexible procedural rules and practiced legal principles to parties to resolve their disputes. The settlement of international disputes by arbitration is an invaluable feature of the world’s current legal landscape. Carefully drafted arbitration clauses allow parties substantial control over the resolution of their dispute[15], and thus the Rules under which they have chosen to conduct their arbitration play a pivotal role in the arbitration procedure. BIBLIOGRAPHY Clayton Utz ‘A guide to International Arbitration’ (2012) A Guide to International Arbitration- Second Edition. Emilia Onyema, International Commercial Arbitration and the Arbitrator’s Contract, (Taylor and Francis Group 2010) Gary B. Born , International Commercial Arbitration: Commentary and Materials, 2nd edition (Kluwer Law International 2001) Gary B. Born , International Arbitration and Forum Selection Agreements: Drafting and Enforcing, 3rd Edition (Kluwer Law International 2010) Gloria Miccoili, ‘International Commercial Arbitration’ The American Society of International Law. Jeff Waincymer , ‘Procedure and Evidence in International Arbitration’ (2012) Kluwer Law International. Julian M. Lew , Loukas A. Mistelis , et al. , Comparative International Commercial Arbitration, (Kluwer Law International 2003)Randy J . Aliment, ‘Alternative Dispute Resolution in International Business Transactions’ The Brief, 2009 Nigel Blackaby , Constantine Partasides , et al. , Redfern and Hunter on International Arbitration, (Oxford University Press 2009) PART II: (60 marks) 2. The dispute resolution clause is imperfect. Under which Rules will the Claimant likely have instituted arbitration proceedings? State your reasons. [3 marks] Claimant will likely have instituted arbitration proceedings under the ICC Arbitration Rules as they are referred to in the dispute resolution clause of article 47. The facts also state that the claimant filed its Request for Arbitration with the ICC Secretariat in Hong Kong. Also it is likely that the claimant will use the ICC Rules as they are applicable to different legal traditions and to disputes between parties from different parts of the world, regardless of whether they are members of the ICC or not. Furthermore the ICC Rules are purposed for the use of worldwide proceedings conducted in different languages and laws[16]. In addition, ICC Arbitrations can be held anywhere in the world and awards are enforceable in many of the world’s trading nations. By choosing to follow ICC Rules there is greater assurance of a nonpartisan framework to guide the dispute resolution process for parties involved in international commercial business transactions. 3. Draft a better arbitration clause for this Design Agreement. [4 marks] â€Å"Article 47: In the event of any dispute arising out of or in connection with the present contract, the parties agree to submit the matter to settlement proceedings under the ICC ADR Rules. If the dispute has not been settled pursuant to the said Rules within 45 days following the filing of a Request for ADR or within such other period as the parties may agree in writing, such dispute shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules of Arbitration. The place of the arbitration will be Melbourne, Australia. The language of the arbitration will be English. The agreement is governed by Australian law, and all disputes arising out or in connection with this agreement shall be resolved in accordance with, the law of Australia. † Assume for the purpose of the remaining questions that the ICC Court accepts the case. 4. The ICC Court decides to appoint a sole arbitrator. Is the ICC likely to choose either Dr Sunderkay or Ms Ixtapa, or someone else? State your reasons. [3 marks] In cases such as this one where there is a sole arbitrator, the process for choosing the arbitrator is dependent on how the decision was made to have a sole arbitrator. In this case, the Court decided that there would be a sole arbitrator and thus the parties will not be granted any extra time to agree on an arbitrator but instead the Court will directly proceed to appoint a sole arbitrator[17]. The ICC is likely to choose someone else, pursuant to Article 13 of the ICC Rules as the disputing parties have not come to agreement about an arbitrator. Under the Rules, the Court must choose an arbitrator while considering their nationality, residence and other relations with the parties and persons in the dispute. The Court has wide discretion under Article 13 to exercise its powers in appointing the sole arbitrator. 5. Who decides which language is to be used in the arbitration proceedings? What is the decision likely to be, and why? [3 marks] Usually the language to be used in the arbitration proceedings is decided and specified in the arbitration agreement between the parties. However, in the absence of such agreement between the parties, the language shall be determined by the arbitral tribunal pursuant to Article 20 of the ICC Rules[18]. In this process, consideration is given to relevant circumstances, specifically the language of the original contract. In this case the decision is likely to be English as the contract appears to be in English. This will be a relevant factor in the decisions of the arbitral tribunal. As English is not the native language of both parties to the dispute, interpretation will be necessary, the costs of which are to be shared equally by the parties[19]. The choice of the language to be used in the proceedings must be carefully considered. Fairness is critical and enquiry must be made to ensure that one party is not disadvantaged by the decision, and that there is not too much delay in hearings[20]. Bearing in mind that the Terms of Reference, the procedural timetable and the procedural orders are to be drafted in the language of the arbitration, the decision of which language to use in the arbitration is a preliminary and critical step. 6. How is the president of the tribunal likely to be chosen and why? [3 marks] Where an arbitration is to have three arbitrators, the third arbitrator will act as the president of the arbitral tribunal. Generally this president will be appointed by the court unless parties have agreed to another process for this[21]. The president of the tribunal is chosen pursuant to Article 13 of the ICC Rules which outlines the ‘Appointment and Confirmation of the Arbitrators’. In choosing the president the ICC Court will consider the prospective arbitrator’s nationality and residence as well as the relationships he/she might have with countries which are involved in the arbitration process, as well as the prospective arbitrators availability and ability to arbitrate within the Rules of the ICC[22]. The Secretary General may authorize a person nominated by the parties to the dispute or a person pursuant to the agreement between the parties, as the president of the tribunal, provided they satisfy requirements in Article 13(2). If the Secretary General finds that a president of a tribunal should not be confirmed, this matter will be then submitted to the Court. Where it is up to the Court to appoint an arbitrator, such appointment shall be made upon proposal, and if this is not successful, can directly appoint any person who the Court finds to be suitable[23], the criteria of such suitability is established in Article 13(4). The president of the arbitral tribunal shall be of a nationality different to those of the parties to the arbitration. However, where circumstances allow and where neither party objects, the president of the Tribunal may be chosen from a country of which either party is a national[24]. As there is much disagreement between the parties surrounding the appointment of arbitrators and no agreement has been come to, it is likely that the Court will choose the president of the tribunal. Furthermore, the dispute resolution clause under Article 47 of the Futurocity Project Agreement states that ‘parties agree that their dispute shall be resolved†¦.. sing one or more arbitrators chosen by the ICC Court of Arbitration’. 7. The parties have agreed that the place of the arbitration (seat) is Melbourne Australia. The dispute resolution clause stipulates that â€Å"New York law is to govern†. Who will decide which procedural law to use? Which jurisdiction’s procedur al law will likely be used? Why? [3 marks] The procedural law of an arbitration is also referred to as the lex arbitri or the curial law. Procedural law is dependant on the seat of the arbitration. Distinction must be made between the Procedural law and the Substantive law. Procedural law establishes the role that local courts will have in the arbitration process. When an arbitration uses a set of procedural rules such as the ICC Rules, the effect of the procedural law is reduced. Pursuant to Article 19 of the ICC Rules, arbitration proceedings are to be governed by the ICC Rules, and where the Rules are silent, proceedings are to be governed by rules that have been chosen by the parties. If the parties to the dispute have not decided on the procedural law to be used, it will be the task of the arbitral tribunal. As the procedural law is likely to be chosen in conjunction with the seat of the arbitration, it is likely that the procedural law of Australia’s jurisdiction will be chosen in this case. The choice of procedural law is an important one and careful choice must be made. If parties do specify the procedural law to be used, it is easier if there choice is the same as the seat of the arbitration. The procedural law affects the enforceability of the award and thus is an important decision in the arbitration process. 8. Make a complete list of the Issues which the Tribunal will have to determine in order to decide this dispute. 8 marks] Is there jurisdiction? Does the Tribunal have jurisdiction over this matter? Have the mediation requirements specified in the arbitration clause been satisfied? Has there been an actual breach of the contract between Condesign and Statinvest? If there has been a breach? What kind of breach? Is it a fundamental breach? Who is responsible/liable f or this breach? Is it Statinvest or SSS Corp? Has the new government actually ‘decreed that Statinvest shall no longer be allowed to administer any internal project of Ruritania’, as alleged by the Respondent? What issues surfaced in the private half-day meeting that was attended by the CEO’s of the two parties? Does the Respondent owe damages and interest as claimed by the Claimant? Should the breach of the Respondent (if there is found to be a breach) terminate the second contract? Should the breach of the Respondent (if there is found to be a breach) discharge the claimant from further obligations with respect to the Futurocity Project? Who is in possession of the Letter of Credit? Is the Respondent obligated to return the Letter of Credit to the Claimant which was provided by the Claimant as Performance Guarantee for the successful completion of the Second Stage of the Futurocity Project? Who is responsible to pay all the costs Arbitration and should th ey fall soley on one party? Should the Claimant have known that the person Mr Dupont wrote to regarding the mediation had left Statinvest? And did this affect Statinvest’s participation in the mediation process? If above affected the mediation process, does it render the Request for Arbitration premature? Did the Claimant name the wrong party in the Request for Arbitration? Is SSS Corp the only proper respondent? Or is Statinvest also a respondent? What is the effect of the new currency restrictions in place since the Revolution on this dispute and this contract? Does the Respondent have a legitimate excuse out of the Design Agreement on the ground of legal impossibility? What should the language of the arbitration be? Assume for the purpose of the remaining questions that the Tribunal has decided that it has jurisdiction to hear this case. The tribunal is you, the sole arbitrator appointed by the ICC. 9. The Respondent writes to you requesting an order for security for costs, stating that the Claimant is a small company with a very weak credit history. If Respondent wins the arbitration, and obtains an order for costs, it is unlikely to be able to enforce that order, because the Claimant has no assets available to pay it. a) How do you deal with this request? [3 marks] It is appropriate to put costs protections in place where there is risk of one party not being able to meet costs that may be ordered at the time of the arbitral award. The Rules of leading arbitral tribunals adopt different approached to the issue of security for costs. The ICC Rules do not specifically deal with security for costs. However, Article 28 outlines the guidelines of ordering ‘Interim and Conservatory Measures’. This provision allows for broad scope for the sole arbitrator or arbitral tribunal to grant a measure such as the one requested by the Respondent in this scenario, as the tribunal considers appropriate. The wording of this provision allows for great flexibility, scope and interpretation. Therefore as sole arbitrator I would weigh up the relevant criteria to determine whether I will grant the request of the order for security of costs. In addition, Section 23K Model Law allows the arbitral tribunal to order security for costs ‘at any time before the award is issued’, while keeping in mind the criteria specified in Section 23K(2) ML. b) What criteria do you use in deciding whether or not to grant the order? [3 marks] In deciding whether to grant the order or not, the sole arbitrator must weigh up the negative and positives. Consideration must be placed on whether the claimant’s financial situation could possibly jeopardize the recovery of legal costs if they were to be awarded. In addition, an order for security for costs would serve to deter against frivolous claims made by the claimant. However security for costs also places considerable practical and financial constraints on the ability of the claimant to proceed with what may be legitimate claims. For such reasons it can be viewed as a limitation on the right to a fair hearing for the claimant. In addition the claimants financial capacity must be weighed up to assess whether it would be of great disadvantage to burden them with security of costs. In deciding whether to grant the order the tribunal must ask themselves if the claimant is already in financial difficulty[25]. Furthermore, if ordering security for costs, the tribunal must make sure that such an order is not solely made on the party’s nationality or its corporations international foundations[26]. c) What is your decision? [3 marks] As the sole arbitrator I would decide to grant the Respondent’s request for an order for security of costs. Alternatively I would refuse it. I will provide reasons for both answers in the below question. d) Give reasons for your decision. [3 marks] The reasons for granting the above order would be to safeguard the effectiveness of the international arbitration between the two parties. It would also allow for greater enforceability of arbitral awards, thus greater resolution of the international commercial dispute between the parties, while also supporting a fair administration of justice. On the other hand, I would refuse the above request as it may place the claimant at a great financial disadvantage. The claimant (Condesign) are already in financial distress as they have not been paid for the First Stage of the Futurocity design they completed. An order for security of costs may further unnecessarily burden the claimant and harm their chance at a fair arbitration proceeding. Furthermore, by granting an order for security of costs, could act to create prejudgment towards the claimant, which could place limitation on the claimant’s right to a fair hearing[27]. 10. The Claimant writes to you requesting that you order the Respondent to return to Claimant immediately the Letter of Credit, or at least that you issue an injunction preventing the Respondent from calling the Big Bank Trust Letter of Credit. a) How do you deal with this application? [3 marks] Pursuant to Article 28 of the ICC Rules, the Tribunal may order any interim or conservatory measure it deems appropriate, at the request of a party. The arbitral tribunal may do so, unless the parties have otherwise agreed. On the facts of this case, no such agreement appears present. Ordering the Respondent to return to the Claimant the Letter of Credit or issuing an in junction would fall under this provision. However if the arbitrator(myself) grants the measures requested above by the Claimant, it ay only grant the measure ‘subject to appropriate security being furnished by the requesting party’[28]. It is likely that the tribunal will not order the Respondent to return the Letter of Credit immediately, but rather issue an injunction. This would be a more appropriate interim measure at the early stages of the arbitration process, as interim measures are aimed to be ‘grants of temporary relief pending final resolution of a dispute. ’[29] (b) Assuming you decide to grant this application, do you address it to Big Bank Trust? If yes, why? If no, why not? [3 marks] Assuming this application is granted, I would address it to Big Bank Trust as at this early stage of the arbitration process there appears to be some deal of confusion as to who the true Respondent is and thus it would be a lot clearer to contact Big Bank Trust and place an injunction on the Letter of Credit, as the Respondent claims that it is no longer in possession or in control of the Letter of Credit. Therefore, until issues as to where the Letter of Credit is and who the true Respondent are decided, it would be most efficient to address the injunction to Big Bank Trust. 1. About 6 weeks before the hearing of this matter is due to begin, the Claimant’s lawyer emails you, stating that the wife of Condesign’s CEO is terminally ill and not expected to live more than 2 months. He does not want to be away from his wife at this time. The Claimant’s lawyer asks that you either (a) postpone the hearing for approximately six months; or (b) move the hearing from Me lbourne to Paris where the CEO’s mother is in intensive care in hospital. The Respondent acknowledges that in fact Paris is more convenient than Melbourne, but it refuses to change the seat of the arbitration. Respondent opposes any postponement of the hearing, saying that it wants this case disposed of expeditiously. What do you decide, and for what reasons? [4 marks] Changed circumstances of a party, in this case, of the Claimant, can render the arbitration procedure unworkable or impossible, and thus it may be so that in some circumstances changing the venue is necessary, to accommodate for this[30]. Article 18(2) of the ICC Rules provides, ‘The arbitral tribunal may, after consultation with the parties, conduct hearings and meetings at any location it considers appropriate, unless otherwise agreed by the parties’. This provision may allow the tribunal to conduct hearings at a location convenient for the Claimant, in respect of his changed circumstances. However it has been noted that a change of the initially agreed place of arbitration should be a carefully reviewed decision, as the place of arbitration is an important aspect of the arbitration agreement between the parties. On the other hand, just like any other contract, an arbitration agreement is subject to change and interpretation, and moving the hearing from Melbourne to Paris may be the only effective means of ensuring that the intentions and goals of the original arbitration agreement are honored[31]. Therefore I would likely move the hearing from Melbourne to Paris. 12. On the first day of the hearing, which is expected to last 5 days, the Claimant’s lawyer advises you that its â€Å"star witness† refuses to travel to Melbourne as he has a serious case of aviophobia (terror of flying). The Respondent’s lawyer says that according to IBA Rules you should simply strike out the witness statement of this â€Å"star witness† if Respondent does not have the chance to question the witness about his statement. How do you handle this situation? [4 marks] The IBA Rules are designed to be used alongside other rules that govern international arbitrations, such as the ICC Rules. The parties have not directly mentioned the IBA Rules in their dispute resolution clause, and whilst they are not binding, they still remain influential over the arbitration process. Specifically, when parties come from different legal cultures, as is most likely the case in this scenario, the IBA Rules become a very useful guiding tool. Pursuant to Article 4. 7 of the IBA Rules the Claimant’s ‘star witness’ whose appearance has been requested pursuant to Article 8. 1 IBA Rules, shall have their witness statement disregarded due to failure to appear for testimony without a valid reason. However Article 4. 7 provides that there is discretion for the Arbitral Tribunal to decide otherwise, in exceptional circumstances, to not disregard the witness statement. Consequently, it remains up to the discretion of the arbitrator to decide if the star witness has a valid reason for not appearing and whether exceptional circumstances have been evoked. Decision would need to be make surrounding the star witness’ serious case of aviophobia. In addition, Article 8. 1 states that ‘each witness shall appear in person unless the Arbitral Tribunal allows the use of videoconference or similar technology with respect to a particular witness’. Thus, this provision allows for alternative methods of questioning, and the Respondent could possibly question the witness over videoconferencing, rather than in person. Furthermore, pursuant to Article 22 of the ICC Rules, which outlines the Conduct of the Arbitration, it is up to the arbitral tribunal in all cases to act fairly to ‘ensure that each party has a reasonable opportunity to present its case’. Therefore, as the arbitrator, I would be striving towards conducting an equal and fair arbitration proceeding that would allow both parties to present their case and use their witness statements, which is provided for under both the ICC Rules and Model Law Rules (Article 18) which are applicable to Australian Arbitrations. As it is also important that the Respondent has the opportunity to cross-examine the witness I could allow for videoconferencing for this to happen, while allowing the ‘star witness’ statement to be admissible. 13. The hearing has ended and you have received post-hearing briefs and declared the procedure closed under ICC article 27. In reviewing the transcripts and your notes, you realize that there is an important question, which neither party has addressed in its arguments. You need to know the answer in order to make a logical and fair decision. What, if anything, can you do? [4 marks] Pursuant to Article 27, the arbitral tribunal has declared the proceedings closed and thus ‘no further submission or argument may be made, or evidence produced’. However this provision states that this may be possible if requested or authorized by the arbitral tribunal. Being the sole arbitrator I would consequently have authority to invite further submissions and evidence from the parties in an effort to make a logical and fair decision. 14. You have submitted your draft award to the ICC for scrutiny. A few days ater, at an international arbitration conference, you find yourself seated at the head table, next to Counsel for the Respondent in this case. Respondent asks you a few innocent questions about when you expect the award to be available. You reply vaguely that the award will probably be sent out â€Å"in a month or so†. Counsel then tries to engage you in a discussion of the merits of the case. How do you respond? [ 3 marks] Article 11 of the ICC Rules states, ‘Every arbitrator must be and remain impartial and independent of the parties involved in the arbitration’. The very nature of arbitration, and one of its most desirable features, is its fairness and impartiality. In addition, it is widely regarded that arbitrators ‘shall be and remain free from bias’[32] Specifically, for the duration of the arbitration process, the Arbitrator should seek to avoid any communication with a party or representative of a party, and if this said communication cannot be avoided, the arbitrator should seek to inform the other party of this[33]. Thus, when Counsel tries to engage me in a discussion of the merits if the case, I would refuse to continue discussion, and then I would explain the above guidelines regarding the ethics of Arbitrators, as well as inform the other party of this communication.

How to Pay for College Without Parents Help

How to Pay for College Without Parents' Help SAT / ACT Prep Online Guides and Tips Paying for school is daunting enough when you have the financial support of your family. But for students whose parents can’t or won’t contribute to expenses, figuring out how to pay for college on your own becomes a whole different challenge. In this guide, I'll lay out everything you need to consider about how to pay forcollege without parents and all the steps you need to take. Table of Contents Fair warning: we're going to be talking abouta lotof stuff in this article. So here's a table of contents for you to use as a quick reference: Paying for College On Your Own: Why it Matters What Does College Even Cost? Minimizing Your College Costs: Instructions for Any Cost-Conscious Student Steps to Take if Your Parents Won't Pay What You Should Do if You're an Independent Student Closing the Gap: How to Cover Your Remaining Costs Creative Ways to Fund Your Education Example Scenarios What's Next? Paying for College on Your Own: Why It Matters The most significant sources of student financial aid are need-based. This means that family financial need is the main criterion taken into account when determining aid eligibility. Your finances are not considered separately from your family’s finances when aid sources determine financial need. This is the case even if your parents can't or won't help you pay for college. So why is it such a big deal if you can't count on your family to contribute to expenses? First, it's assumed that your parents are your family’s primary earners. As a student, you likely earn little to no money. If financial need were only based on a student applicant’s finances, everyone would be eligible for financial aid (spoiler art: not everyone is eligible for need-based financial aid). You’re considered a dependent of your parents, which means they’re the ones primarily responsible for funding your education. This is the case even if your parents don’t claim you as a dependent when they do your taxes. This is also true even if you can show that you’re self-sufficient and don’t depend on your parents for financial support, or if your parents are divorced. If families across the country could pay less for college by claiming that their kids are financially independent, financial aid sources would be overwhelmed. The conclusion here? Federal and school-based financial need arebased on your family’s overall finances. If your parents don’t submit their financial information for consideration, you won’t be eligible for most forms of aid. If they do submit their financial info and they’re low-need, you won’t be eligible for most forms of aid. You’d think that aid sources would have different aid eligibility criteria for students whose parents don’t want to pay for school, but this isn’t the case. If your parents refuse topay, the federal and institutional funding sources will likely wash their hands of the problem. This is a frustrating and unfair situation for any student to be in. You may feel you’re at a disadvantage here- and to be honest, you are. But whatever the reason that your parents won’t be contributing to your college education, there are steps you can take to maximize your aid eligibility. It won’t necessarily be as easy as paying for college with familial support, but it’s definitely not impossible. One of the best parts of going to college is the sense of freedom and independence that comes with adulthood. You have options and autonomy here as a young adult- so let’s get started figuring outhow to pay for college without parents. What Does College Even Cost? For the 2018-2019academic year, the average annual cost of tuition and fees was: $35,676at private colleges $9,716for state residents at public colleges $21,629for non-state residents at public colleges The cost of tuition and fees is usually the first expense that comes to mind when peoplethink about paying for college. Unfortunately, there’s a lot more to the picture than just tuition costs- there are hidden or implicit expenses associated with spending a year at college. Here are some of the biggest hidden costs you might encounter based on average amounts from 2018-2019: Room and board:averages $12,680at private 4-year colleges, $,140at public 4-year colleges College textbooks:about $1,240 Travel costs:vary widely based where you are and where you're going. For example, if you're going to anurban college, you might be able to take public transportation anywhere you want to go. But if you go to school across the country, you'll probably have to buy plane tickets to travel home over holidays or summer break. Lab fees and supplies:about $50 per class if they're not already rolled into fees Personal expenses:about $2,000,but this cost will fluctuate drastically based on a) the cost of living of your area, b) your budgeting skills, and c) your standard of living. Lumping together all of these expenses (especially if you can estimate travel costs and personal expenses) will give you a school’s real sticker price- also known as the Cost of Attendance, or CoA. It’s pretty easy to get an estimate of a school’s CoA- just google â€Å"[school name] cost of attendance.† To get a more detailed explanation of all these expenses, including tips and strategies for reducing costs, check our guide to what college will really cost you. Just a quick glance at these numbers will tell you that college is probably too expensive for you to cover on your own. What’s more important than sticker price, however, is your â€Å"net price† at a particular school:it’s what you pay after all financial aid is taken into account. This is what you actually oweout of pocketfor a year of college. Want to estimate your net price at almost any college? Just google â€Å"[school name] net price calculator.† Many schools have a tool built into their websites that will give you an estimate of how much you’ll pay out of pocket. These calculators take financial need and sometimes merit-based factors into account. Sometimes, though, the net price is still daunting, especially if you’ll be tackling it on your own. The rest of the post will be focusing on minimizing this net price, starting with smart college application strategies. Minimizing Your College Costs: Instructions for Any Cost-Conscious Student What do you do if you don't have access to a ton of resources? You try to minimize your costs from the start. If you’re applying to schools with price in mind, your strategy should focus on lowest net price, not necessarily lowest sticker price. Naturally, the best way to decrease your costs is to apply to schools that will offer you low netprices. Once you’ve been accepted to schools, you’ll receive official financial aid packages. You can then determine which packages you’re most comfortable with. Here are the types of schools that will give you the best deals. Top Private Schools A lot of well-ranked schools (including Ivy League universities and top liberal arts colleges) have especially generous financial policies. The bulk of financial aid at these schools tends to be need-based, not merit-based, so you may not get much aid if you come from a wealthy background. Notably, the Cost of Attendance (or sticker price) for these schools will likely be higher than those ofpublic schools. You might be wondering what constitutes a "wealthy" background according to these schools. Thevery top schools- think Harvard, Princeton, Yale- sometimes give aid to families who make $150,000 and up. For families who are wealthier than that, Harvard asks them to contribute no more than 10% of total income. The bottom line is that these competitive schools can even afford to help out families who are relatively well-off. This means that even if your parents don’t pay for school, you could still be eligible for generous aid based on your family’s financial situation. Schools That Offer Generous Merit-Based Aid If you’re a high-achieving student but don’t think you’ll qualify for much need-based aid based on your family’s finances, you should look into schools that offer generous merit scholarships. Schools with generous merit-based aid programs often offer scholarships to attract competitive students. If you have a particular talent (e.g. if you're an athlete or musician), or if you have high grades and test scores, you could be offered some pretty large scholarships. If you're interested in a particular school, just google "[school name] scholarships" to see what sort of aid they offer. You can also start bychecking our list of schools with the best financial aid. Public Schools Public colleges and universitiescan be reasonably priced for in-state studentsbut very expensive for out-of-state students. They also offer much less generous financial aid packages than some of the top private schools, although they may offer more merit-based aid to attract competitive applicants. if you’re interested in attending a public university and won’t be getting assistance from your parents, you should definitely apply to a wide range of in-state schools. Steps to Take If Your Parents Won't Pay Here's where we start getting intothe nitty-gritty steps ofpaying for your education. After strategically applying to schools, the most effective way to cover your college expenses is to apply for as much financial aid as possible. Even if your parents don’t want to contribute financially to your college education, there are ways that they can help make financial aid available to you. The bottom line is that more financial aidmeans a lower net price. Like I mentioned earlier, the main sources of financial aid are federal and institutional (i.e. aid from your school). You can still qualify for aid from these sources if your parents won't be paying for any part of your school expenses, but you’ll need your parents’ help in applying. Assuming you’re already using the college application strategies that I’ve discussed above, here are the steps you should take in order to maximize your aid eligibility: Step 1: Submit a FAFSA, or Free Application for Federal Student Aid This is the only application you'll need to submit to qualify for federal aid. Many schools also use the FAFSA to award their own aid. In order to qualify forthings like the Pell Grant, Perkins loan, or Direct Subsidized loan, you'll need to submit your parents' financial information even if they won't be contributing. For detailed instructions on submitting this application, check out our guide to applying for financial aid or ourguide to the FAFSA. Step 2: Apply for Scholarships You can receive funding for schools through private organizations that offer grants or scholarships. If your family is low-need, apply for merit-based awards;if your family is high-need, you can apply for both merit- and need-based awards. There are so many scholarship programs out there- national, local, big, small. You should do your own scholarship search by looking for awards that are tailored to your interests, background, location, and ethnicity. Start off by checking out our guides to top scholarships for high school juniors and seniors. Once you have a plan for submitting a FAFSA and applying for scholarships, you'll need to talk with your parent or guardians about getting the information you need from them. It's important to start an open dialogue about financial aid with your parents. How to Talk to Your Parents About Applying for Financial Aid If your parents can’t or won’t pay for college expenses, they may be wary about filling out a FAFSA or giving out financial information for need-based scholarships. It's important toassure them that submitting a complete FAFSA with their financial information does not obligate them to help you pay for college. The FAFSA has nothing to do with your bills or college expenses...it’s simply an aid application. Bottom line: if they refuse to help you with your FAFSA, they’re not protecting themselves. They’re just impeding you from qualifying for financial aid. What if, though, they're just overwhelmed by the process of completing and submitting a FAFSA? If this is the case, you can let them know that the FAFSA only takes 2-3 hours to complete. You could even do it on your own if you have your family's financial information handy: Social Security Numbers for you and your parents Alien Registration Numbers (if you or your parents aren't US citizens) Recent federal tax returns, W-2s, and other records or income for both you and your parents Any records of untaxed income The sooner you submit your FAFSA, the better, so don't put off having these discussions with your parents or guardians! What You Should Do If You're an Independent Student If you're classified as independent, you'll be doing things a little differently. If you’re still in high school, chances are that you are a dependent student, and everything I’ve written so far will apply to you. In other words, your family’s finances will be an important factor in determining how much aid you’re eligible for. But not all students who attend college will be considered dependents, and as such, they won’t need to submit their parents’ financial info for consideration when they fill out their FAFSA. Independent students don’t have to pay for college on their own. Parents canhelp if they’d like, but both colleges and the FDOE award aid under the assumption that independents will be paying their own way. This will work to your advantage when it comes to aid eligibility, particularly if your parents are relatively wealthy. If your family’s finances aren’t considered when schools and the federal government determine aid eligibility, you'll likely receive more need-based aid. Who Qualifies as an Independent? You may be considered independent if: You’ll be 24 or older by 12/31 of the school year for which you’re applying for aid You’ll be in school for a post-grad degree You’re married or separated (but not divorced) You have children who receive more than half of their financial support from you You have dependents (besides children or a spouse) who live with you and receive more than half of their financial support from you You were a ward/dependent of the court, in foster care, or both your parents were deceased at any point after you turned 13 You’re an emancipated minor or in a legal guardianship as determined by a court You’re an unaccompanied youth who is homeless, or self-supporting and at risk of being homeless You’re currently serving on active duty in the US armed forces for purposes other than training You’re a veteran of the US armed forces The FAFSA asks all necessary questions to determine independent/dependent student status, so just answer the prompts honestly when you fill out the application. What If You Don’t Meet the Above Criteria? If you don’t qualify as an independent student but strongly feel that your parents’ financial information shouldn’t be considered when you submit your FAFSA, you should look into a dependency override. A dependency overrideis when financial aid administrators change a student’s status from dependent to independent so that they aren’t required to submit parents’ financial info for consideration on the FAFSA. As a result, the student will likely qualify for much more need-based aid. Dependency overrides are very rare, though. 896rxwhat you think may count as an â€Å"unusual situation† may be discounted by federal financial aid administrators. Here are some situations that will not qualify for dependency overrides: Parents simply refuse to pay for any college expenses Parents are unwilling to provide any information on the FAFSA for verification Parents don’t claim you as a dependent for income tax purposes You (the student) demonstrate total financial self-sufficiency Here are some situations that MAY qualify for dependency overrides: An abusive family environment (e.g. sexual, physical, or mental abuse or other forms of domestic violence) Abandonment by parents Incarceration or institutionalization of both parents Parents lack the physical or mental capacity to raise a child Parents' whereabouts are unknown, or parents can’t be located Parents hospitalized for an extended period An unsuitable household (e.g. you’re removed from the household and placed in foster care) Your spouse dies, or you get divorced If any of these situations apply to you, you may need to present evidence or documentation to support your circumstances. Dependency overrides are decided on a case-by-case basis- if you think you might apply for one, you should read more about the process. Closing the Gap: How to Cover Your Remaining Costs You're almost at the finish line. At this point, you should have an idea of whether you're(1) high-need or low-need and (2) dependent or independent. You should also have an idea of the types of schools you'll apply to- for example, top private schools, in-state public schools, schools with generous merit aid, or some combination. After you submit your college applications, you’ll receive financial aid packages from schools with all the federal aid and school-based aid you’re eligible for, including grants, scholarships, and some federal loan options. You’ll decide what forms of aid you want to accept, and which ones you’d prefer not to take. Here, I'll briefly discuss the types of aid you may receive, and which types are better than other. Grants and Scholarships: These equate tofree money. You should acceptthis aid if it’s available to you. Loans: Loans are amounts of money that you have to pay back after you graduate, plus interest charges. Some loans are much better than others, meaning you'll end up paying less money in the long run. Federal loans are generally good options because they often have lower interest rates. There are a lot of important considerations if you're thinking about taking out loans, so it's important to educate yourself! Read more about federal loans like the Perkins, Direct Subsidized, and Direct Unsubsidized. You should also learn more about how to apply for student loans andreducingthe amount of student debt that you have to take on. Financial aid packages often build in a parental contribution based on family’s finances. If your parents won’t be contributing this amount, it becomes your responsibility...and they aren’t obligated to pay it. If you want to be able to register for classes and actually attend college, this amount needs to be covered. If grants and scholarships don’t cover all your college costs, it’ll be up to you to decide how much student debt you're comfortable with to close that gap. In the next section, I'll talk more about how to use student loans to cover your college expenses. Using Student Loans to Pay for School The average U.S. college graduate has about$37,000 in student debt after graduation. If you’re paying for college without the help of your parents, you may end up with more than the average amount of student debt, especially if you are responsible for paying the â€Å"parental contribution.† Student loans aren’t inherently bad, and you’re not a failure if you graduate with student debt (most people graduate with some loan debt). If you’re smart about the types of loans you take out, your debt should be pretty manageable over the long run. "Good" Loans Most federal loans are â€Å"good." They have low-interest rates compared to private loans and come with a built-in grace period (a period after you graduate where you don’t have to make payments). The best types of loans are subsidized, which means they don't accrue interestwhile you’re not making payments, so you owe less in the long run. They also may be forgivable if you enter certain public service careers, so they end up functioning as a grant. "Bad" Loans Private loans usually have less favorable terms than federal loans. For example, they won't be subsidized, and they'll likely come with higher interest rates. Typically, private loans are the last resort in covering any remaining balance that you owe for school. Private loans may be difficult for you to get on your own. Most require a cosigner, another person to sign the loan who takes responsibility for the amount borrowed. If you take out a private loan, then you'll probably need a parent or another family member (with good credit) to cosign. No Loans If you want to try to avoid debt, check out our guide on paying for college without taking on student loans. Without financial help from family members, however, it might be unrealistic in certain situations to try to pay for college without loans. Itmay be possible, though, for students who qualify for a lot of need-based aid. Creative Ways toPay for College Without Parents These ideas may not be revolutionary, but they'll get you thinking outside the box. We have talked a lot so far about the challenges of paying for college on your own, in addition to theways you can minimize your costs. In this section, I'll go over some more creative ways to come up with funds for college after you've looked into the normal financial aid and loan options. Scholarships I've briefly touched on scholarships a bit earlier in this post as a way to come up with funds.There are two main types of scholarships: Need-based: Good options for high-achieving, low-income students Merit-based: Good options for high-achieving students regardless of income Now, scholarships are never a sure bet, but they can cover a good chunk of your expenses if you areproactive about submitting applications and you do your own research about local or targeted scholarships. To get started, check out our scholarship guides on the top awards for high school juniors and seniors. Student Jobs If you get a student job while you're in college, you can potentially put moneytowards your bills for tuition, room, and board. You could also use your incometo cover yourdaily personal expenses. This isn't a great option for everyone, however. If you'reworking so much that your schoolwork starts to suffer, it defeats the purpose of getting a student job. If you canbalance a student job with your academic responsibilities so that you have money to put towards your bills, working might be a good call. Read more about whether it's a good idea to get a job as a student. You know what's even better than getting a job during the semester? Getting a paid internship during winterbreak or summer vacation. In this case, you get professional experience anda chance to put money towards school. It's a win-win! High School Savings If you’re currently in high school and anticipate that you’ll be on your own for college, you might want to consider getting a job now. This isn’t right for everyone (for the reasons I listed above), but if you have the time and the initiative, it could help you build up a nest egg before you head off to college. To get started, read more about the best jobs for teens. Family Support Sometimes support can come from unexpected places. If you're reading this article, your parents probably won't be contributing much to your college expenses. Butdo you have grandparents, aunts, or uncles who may be willing to help you out with college costs? If you feel comfortable bringing this up with family members, it may be a good move to seek financial help from people other than your parents.If you feel uncomfortable asking for funds outright, consider asking to borrow money and then paying it back with student job or post-graduation earnings. You can also ask for funds for college costsfor holidays and birthdays. Example Scenarios You've learned a lot, but now you have to put all this information to the test. This stuff may be confusing to understand at first, so in this section I'll present some example scenarios to demonstrate the concepts we've discussed how to pay for college on your own. These are real-world scenarios, using real schools, to give you a realistic idea of howcollege expenses play out in different situations. Scenario#1: Student From a Low-Income Family As youalready know, students from low-income families may be eligible for quite a few need-based aid programs, especially if they're relatively high-achieving. Student A Information State Residency: California Family Size: 5 Family Income: $50,000/year Academic Status: Strong 3.5 GPA, 1800 combined SAT score Student ACollege Applications Student A wants to tackle her college expenses by cutting costs and seeking out as much funding as possible. She applies to several schools, including an in-state public school (UC Irvine) and an out-of-state private school (Davidson College). Here's what her expenses would look like at UC Irvine and Davidson, based on both schools' financial aid calculators (remember, she has to have her parents fill out a FAFSA in order to be eligible for federal loans): School UC Irvine Davidson Total Cost of Attendance $32,102 $62,894 Estimated Grant Eligibility $22,031 $58,794 Estimated Net Price (Cost of Attendance minus Grants) $10,071 $4,100 Estimated Federal Loan Eligibility $5,500 $4,100 Estimated Out-of-Pocket Costs (Net Price minus Federal Loan Eligibility) $4,571 $0 Based on her estimated out-of-pocket costs, she thinks that Davidson College will be the more financially prudent choice. Still, she wants to work to minimize her federal student loan amount ($4,100). Here are steps she can take to help cover expenses: Get a student job.Student A would prefer not to work during the semester because she plans on being involved in many extracurricular activities. She can still work during summer and winter breaks, though. If she works full time for 10 weeks, bringing home $/hr, she could make $4,400 her freshman year. Amount Earned: $4,400 Apply for outside scholarships.If Student A receives outside scholarship money in addition to earning her own income, she could potentiallybring in more money than she'd spend her freshman year. I bet you didn't think it was possible to make money going to college!She starts by checking out our guide to scholarships for high school seniors. No scholarship is a sure thing, but applying to as many scholarships as possible (even small ones) will increase her chances of earning some money. Let's say that Student A wins a relatively small, $500 scholarship Amount Earned:$500 Student A decides she's able to make Davidson work. Here's a quick breakdown of how she's able to cover her estimated out-of-pocket costs: Estimated Out-of-Pocket Costs $4,100 Federal Loans - $0 (she chooses not to take loans) Scholarship Winnings - $500 Student Job Earnings - $4,400 Remaining Balance + $800 Amazingly, Student A walks away with $800 extra dollars her freshman year, even though she doesn't receive any financial support from her family. The vast majority of her expenses arecovered with need-based financial aid. This wouldn't have happened, however, if she didn't get into a school with a great financial aid program.It goes to show that one of the best things you can do toensure college affordability isto come to your college apps with a strong academic record. Scenario #2: Student from a RelativelyHigh-Income Family Students from high-income families may not qualify for much need-based financial aid (even if they're paying for college on their own), but that doesn't mean they can't get funding from other sources, especially if they have solid grades and test scores. Student B Information State Residency: AZ FamilySize: 4 Family Income: $100,000/year Academic Status: About average 3.0 GPA, 1500 combined SAT score Student B College Applications Like Student A, Student B wants to minimize his costs because he knows he'll be responsible for all college expenses. Heapplies to several schools, including an in-state public school (Arizona State University) and an out-of-state private school (Lesley University). Here's what his expenses would look like atArizona State University and Lesley, based on both schools' financial aid calculators: School ASU Lesley Total Cost of Attendance $27,260 $43,600 Estimated Grants from School $3,000 $8,000 Estimated Net Price (Cost of Attendance minus Grants) $24,260 $35,600 Estimated Federal Loan Eligibility $5,500 $5,500 Estimated Out-of-Pocket Costs (Net Price minus Federal Loan Eligibility) $18,760 $28,700 Based on expected out-of-pocket costs, he thinks ASU will be the less expensive choice. Still, he doesn't think he can come up with $18,760 per year (on top of the $5,500 in annual federal loans) while he's a full-time student. Here are the steps he can take to reduce his costs: Live at home. If he attends an in-state public school, and the school's close enough to his parents' home, he could save a pretty good chunk of change. At ASU, the cost of room and board comes to $10,400. If Student B lives (and eats) at home rent-free, he could deduct that amount from his out-of-pocket costs. He might end uppaying for some or all of his meals, and he might incur extra travel expenses to get to and from school. This could decrease the amount he actually saves. Maximum Amount Saved: $10,400 Apply for outside scholarships.Student B receives a $3,000 grant from ASU, but he knows that applying for outside scholarships could help get him more funding. He starts by checking out our guide to scholarships for high school seniors. It's free to apply for most legitimate scholarships programs, so he wouldn't lose any money bysubmitting applications. Maximum Amount Saved:Indefinite Let's say Student B is able to live at home for free but doesn't win any scholarships. He saves $10,400 of his original estimated out-of-pocket cost, $18,760. He still has to come up with $8,360 to fund his freshman year. Here are the steps he can take to cover his remaining cost: Get a student job. If Student B works an average of 8 hours a week over the course of the year and brings home $10/hr, he could make $4,160 his freshman year. This is a pretty conservative estimate since he could work full-time over the summer or on breaks. Amount Earned: $4,160 Take out private loans. After subtracting his job earnings from his costs, Student B still has to come up with $4,200 to cover his expenses for his freshman year. He decides to take out this amount in private student loans. He knows he'll have to pay this back after he graduates. Amount Earned: $4,200 Student B decides he's able to make ASU work. Here's a quick breakdown of how he's able to cover his Estimated Out-of-Pocket costs: Estimated Out-of-Pocket Costs $24,260 Federal Loans - $5,500 Living at Home Savings - $10,400 Scholarship Winnings - $0 Student Job Earnings - $4,160 Private Student Loans - $4,200 Remaining Balance $0 Now that you've seen how these cost-cutting and money saving tips work in action, you can go ahead and apply these concepts to your own college and financial aid applications. The above scenarios won't apply to everybody, but the thought processes demonstrated above definitely do. What's Next? If you're eager for more information, there are a ton of things you can learn about to help prepare yourself for upcoming bills and expenses. You might start by brushing up on federal financial aid, and programs like the Pell Grant and Perkins loans are key. The FAFSA is an important part of the federal aid process. If you're looking for a broader overview of concepts, you could read our guide to applying for financial aid. While you're at it, check out a list of colleges with the best financial aid programs. Want to improve your SAT score by 160 points or your ACT score by 4 points?We've written a guide for each test about the top 5 strategies you must be using to have a shot at improving your score. Download it for free now:

Global Negotiation Strategies Essay Example | Topics and Well Written Essays - 250 words

Global Negotiation Strategies - Essay Example The parantara skill that often receives credit for driving business the Indonesian way stands out in the sense that it ensures neutrality between the interested parties throughout the negotiation process. Similarly, many Indonesians embrace the skill because it has other mechanisms of raising conflicting issues, thereby ascertaining that harmony prevails throughout the negotiation process. The event that the parantara skill of negotiation ascertains that there is no conflict throughout the negotiation process implies that it is effective. Its effectivity is similarly measured by the fact that it keeps the perceptions of the negotiating parties neutral throughout the process, hence resulting in a long-term association. To make sense out of negotiation as a whole, I looked into the reports of two of my classmates; one handled Saudi Arabia while the other dwelt on Belgium. I found the Saudi Arabian question interesting in that the parties are at liberty to be late for their discussions. On the other hand, it is uncalled for that negotiation in Saudi Arabia leave out mothers and women because they belong to the female gender (Cavusgil et.al, 2002). Similarly, it is interesting to note that pointing of fingers is unacceptable while carrying out negotiations in Saudi Arabia. The Belgians on the other hand embrace Flemish and Wallon strategies of negotiations. Negotiations in Belgium often take an exploratory manner; thereby looking at all the available options before settling on one. It is of great significance to recognize the fact that the Belgian negotiation culture is flexible, hence making them ready to compromise their stance in order to find a solution to any problems that

Security and Privacy Controls for Federal Information Systems Essay

Security and Privacy Controls for Federal Information Systems - Essay Example Implementation of Access control Internal Revenue Service (IRS) developed a documented access control policy that addressed the purpose, roles, responsibilities, management commitment, coordination among organizational entities, and compliance with all rules and regulations. We also developed and documented procedures to facilitate the implementation of the access control policy and associated access controls including risk management. These procedures and rules will be reviewed and updated at a specified period of time. Account management is a control within the Access control family. It is denoted by identifier AC-2: This control enables the organization to manage information systems accounts including identifying account types, establishing conditions or membership, identifying authorized users of the information system and specifying user privileges. The organization manages information system accounts, including: Identifying account types (examples: individual, group, system, application, guest and temporary); Establishing conditions for group membership; Identifying authorized users of the information system and specifying access privileges; Requiring appropriate approvals for requests to establish accounts; Establishing, activating, modifying, disabling, and removing accounts;

History of Biligual Education Essay Example for Free

History of Biligual Education Essay My project was to go and find out about bilingual education’s history, process, and the experts in the field of bilingual education. Bilingualism is the ability to speak two languages fluently. Bilingualists study Bilingualism and bilingual education, which is teaching all subjects in school through two different languages. Bilingual Education was first adopted in Ohio in 1839, due to the increase of German-Americans (Rethinking). By the end of the 19th century, many states had adopted bilingual education laws to meet the demands of new immigrants due to industrialization. When World War I came many Americans changed their views of bilingual education, due to the fear of German-Americans and the government’s new Americanization policies, including English-only instruction. It wasn’t until the Civil Rights Movement Era and the Bilingual Education Act of 1968, when bilingual education was reintroduced into the United States. â€Å"The courts decision in the landmark Lau v. Nichols case required schools to take affirmative steps to overcome language barriers impeding childrens access to the curriculum. Congress immediately endorsed this principle in the Equal Educational Opportunity Act of 1974.†(Rethinking). In California, bilingual education was banned until 1967. In 1967, Governor Ronald Reagan signed legislation (SB 53) that authorized bilingual education, before the Bilingual Education Act of 1968. A blow for bilingual education came in 2002, when President George Bush’s No Child Left Behind Act got rid of the Bilingual E ducation Act of 1968, changing the way people look at bilingual education. In 1998 California, under Ron Unz’s Proposition 227, reverted Ronald Reagan’s SB 53. This Proposition later confirms Bush’s No Child Left Behind Act and the country’s renewed interest in English only instruction, due to the Iraq War. Many critics of bilingual education believe that bilingual education is failed, but proponents of bilingual education feel bilingual education is a better option than English-only instruction. Critics of bilingual education believe that children who receive bilingual education will not be able to help students learn English as well as English-only students. One of the critics of bilingual education, Rosalie Pedalino Porter of the Institute for Research in English Acquisition and Development (READ), believes that â€Å"the expectations for bilingual schooling were threefold: better and more rapid learning of English; better mastery of school subjects; and higher self-esteem among students, which could lead to higher academic achievement and fewer school dropouts. Unfortunately, none of these goals was achievedThe goal [of English immersion] is threefold: early literacy development in English, subject matter instruction in English with a special curriculum, and early inclusion of LEP students in mainstream classrooms for maximum exposure to native speakers of English and for greater integration of diverse student populations(Porter). However, â€Å"controlled studies consistently show that children in such properly organized bilingual classes acquire at least as much English as those in all-English classes and usually acquire more†(Krasen). Another proponent of bilingual education, Jay Greene provided research that â€Å"the use of the native language in instructing limited English proficient children has moderate beneficial effect s and that efforts to eliminate the use of the native language in instruction harm children by denying them access to beneficial approaches†(Greene). In addition to the belief that children who receive bilingual education will not be able to help students learn English as well as English-only students, critics of bilingual education believe that the passage of Proposition 227, caused test scores to increase. Proponents of 227 from the READ Institute argue that, the test scores from 1998-2000, show that minority English language learning students in California have done better on the SAT 9 test than those in bilingual education had done before (Mora). Kenji Hakuta, shows in his article, Points on SAT-9 Performance and Proposition 227, â€Å"test scores rose in districts in California that kept bilingual education, as well as in districts that never had bilingual education† (Hakuta). In addition, â€Å" Scores increase about 1.5 to 2 points per year after a new test is introduced. Thus, test score inflation accounts for about half of the increase in grades two and three in the SAT9 reading test since 1998, and all of the inc rease in grades four through seven SAT9 reading scores in California have actually declined slightly in grades eight through eleven†(Linn et. al). Research done by these bilingualists show that Proposition 227 has not increased the minority English language-learning students in California’s English skills. Critics of bilingual education believe that poorly trained teachers and complicated bilingual education structures cause more confusion than English-only programs. Susan Headden, writing in U.S. News World Report, comments, â€Å"Poorly trained teachers further complicate the picture. . . . The paucity of qualified candidates has forced desperate superintendents to waive some credentialing requirements and recruit instructors from abroad. The result is teachers who themselves struggle with English† Advocates cite that just because bilingual education needs improvement doesn’t mean it should be eliminated. Critics of bilingual education look at the success of Canada’s French immersion policy in schools. In kindergarten and first grade native-English speakers are taught entirely in French. Then gradually, English is introduced and by the end of elementary school, most students become fluent in French and English. However, more impressive is the bilingual education of European countries. Since there are eleven different official languages of the European Union, students are taught multiple languages .The study of first foreign language begins in first year of primary school, then an additional language is added in the second year of secondary school and the fourth year of secondary school. By the time students exit college with a Baccalaureate degree, they will know at least four languages. From, my research I was able to find proponents and critics of bilingual education. I noticed that there were many more proponents of bilingual education, among them are Kenji Hakuta of Stanfor d University, Colin Baker of the University of Wales, Stephen Krashen of the University of Southern California, Wayne P. Thomas and Virginia Collier at George Mason University, and Jim Cummins of the University of Toronto. Critics of bilingual education include politicians, George Bush, Susan Headden, and Rosalie Pedalino Porter. Perhaps we should be looking to other nations to solve our educational issues, as neither English-only nor bilingual education seems to work. References *Based on an Analysis by National Association of Bilingual Education. (2002, Winter). History of Bilingual Education. Rethinking Schools. Retrieved May 10, 2007, from http://www.rethinkingschools.org/special_reports/bilingual/langhst.shtml * Greene, J. (1997). A meta-analysis of the Rossell and Baker review of bilingual education research. Bilingual Research Journal , 21(3), 103-122. *Hakuta, K. (2000). Points on SAT-9 Performance and Proposition 227. Lecture presented at Stanford University , Cubberley Hall 228, 485 Lasuen Mall Stanford, California. *Headden, S. (1995, September 25). One Nation, One Language? U.S. News World Report, 38+. Retrieved May 10, 2007, from http://faculty.ed.umuc.edu/~jmatthew/articles/onenation.html *Krasen, S. (1996). Under Attack: The Case Against Bilingual Education. Culver City, CA: Language Education Associates. *Linn, R., Graue, E., Sanders, N. (1990). Comparing state and district test results to national norms: The validity of claims that ‘everyone is above average. Educational Measurement: Issues and Practice , (9), 5-13. *Mora, J. K. (n.d.). What Do the SAT-9 Scores for Language Minority Students Really Mean? Retrieved May 10, 2007, from San Diego State University Web site: http://coe.sdsu.edu/people/jmora/SAT9analysis.htm *Porter, R. P. (1999, December). The Benefits of English Immersion. Educational Leadership, 1(57), 52-56.

Cancer :: essays research papers fc

The Mysterious Face of Cancer Statement of Purpose: What people need to understand though is yes cancer is Life-altering chain of events but cancer is not the end of the world. I. Death is inevitable; there is no way around it. A.  Ã‚  Ã‚  Ã‚  Ã‚  There are more than one hundred types of cancer. B.  Ã‚  Ã‚  Ã‚  Ã‚  There are three main ways doctors and scientists detect cancer in a patient. C.  Ã‚  Ã‚  Ã‚  Ã‚  If a patient does have cancer and it is detected in the early stages there is a greater chance of recovery. II. There are three main types of cancer treatment doctor’s use.   Ã‚  Ã‚  Ã‚  Ã‚   A.  Ã‚  Ã‚  Ã‚  Ã‚  Most cancers are treatable if they are detected in the early stages. B.  Ã‚  Ã‚  Ã‚  Ã‚  Sadly, many people discover they have cancer after is too late. C.  Ã‚  Ã‚  Ã‚  Ã‚  There are several warning signs that may save a patients life. III. Scientists may not know right now why cancer affects certain people but they do know that it has nothing to do with age or gender. A.  Ã‚  Ã‚  Ã‚  Ã‚  In the United States about 8.4 million Americans alive today have a history of cancer.   Ã‚  Ã‚  Ã‚  Ã‚  B. Nearly 552,200 people will develop cancer in the next year. C. There are several steps a person can take to reduce his or her risk of developing the cancer virus. The Mysterious Face Of Cancer Every person on earth will eventually one day have to leave it behind. It is not the choice of the person whether they go peacefully or whether they go with pain. More often than not a person will go with pain. This is the case with cancer. More and more people die everyday from cancer and it appears to ruin the lives of all those associated with it. What people need to understand though is yes cancer is a life altering chain of events but cancer is not the end of the world. Death is inevitable; there is no way around it. Perhaps cancer patients realize this more than anyone. â€Å"All creatures born upon this earth must, in the end, die. Some live long and peaceful lives. But others are caught up in struggles—must fight for their lives† (Silverstein 12-13). This is the case with cancer. Cancer patients will struggle and fight for their lives and not have the luxury of dying peacefully. The cause of cancer is still unknown to scientists but they have been able to come up with some possible explanations. Cancer affects newborn babies, boys, girls, women, men, animals and even plants. The possible causes of the cancers that affect each of these groups include chemicals in the body, viruses, ultraviolet rays, smoking, and it has been proven to be hereditary in some cases.

Hpv And Oral Cancer Health And Social Care Essay

One individual dies from unwritten malignant neoplastic disease every hr of every twenty-four hours. Oral malignant neoplastic disease is the 5th most common malignant neoplastic disease in the universe with over 450,000 instances diagnosed worldwide and over 210,000 deceases happening yearly. ( Peter KC Goon1, 2009 ) In the yesteryear, the largest causes of unwritten malignant neoplastic diseases were smoking, smokeless baccy, and intoxicant. With the addition in smoking instruction and a decrease in the figure of people who smoke, certain caput and cervix malignant neoplastic diseases, such as voice box malignant neoplastic diseases, have decreased. However, there has been no decrease in the incidence of caput and cervix malignant neoplastic diseases overall. In fact, tumours in the unwritten pit, chiefly the lingua and tonsils, have risen among immature work forces and adult females at a rate of around 3 % yearly. Those rates jumped to 11 % each of the last two old ages, the bulk of which is male. At this rate of growing, the figure of people diagnosed with unwritten malignant neoplastic disease will transcend the figure of instances of cervical malignant neoplastic disease diagnosed yearly in the following decennary. ( Jimeno, 2010 ) What is surprising is that the cause of the addition in unwritten malignant neoplastic diseases is due to the virus that cause cervical malignant neoplastic disease and until late was considered a adult female ‘s disease. Fortunately, many of these new instances of unwritten malignant neoplastic disease can be avoided with compulsory and cosmopolitan vaccinums that have already been approved by the FDA, with early sensing, through public outreach plans, and most significantly, by speaking with our kids about sex The virus driving this upseting tendency in unwritten malignant neoplastic disease is the Human Papillomavirus or HPV. HPV is the most common sexually familial infection in the United States ( The Ohio State University, 2010 ) . There are approximately 100 different strains of HPV, with 60 % of them doing common warts and 40 % that are mucosal. HPV16 and 18 are both mucosal, and are deemed high hazard in the development of cancerous lesions, and are responsible for 95 % of all cervical malignant neoplastic diseases. Harmonizing to the World Health Organization, HPV is responsible for over 500,000 new instances of cervical malignant neoplastic disease each twelvemonth and claims over 250,000 lives worldwide. It is estimated that HPV is present in three quarters of all adult females by the clip they are 50 ( National Conference of State Legislatures, 2010 ) . It takes about two old ages for a organic structure to acquire rid of the HPV virus and most people have no sick effects or symptoms of the virus, while others will develop malignant neoplastic disease. Recent surveies reveal that over 80 % of the tumours found in freshly diagnosed oropharyngeal malignant neoplastic disease patients are due to HPV16 and all are squamous cell carcinomas. This extremely aggressive strain of the virus is now the taking cause of unwritten malignant neoplastic diseases, exceling malignant neoplastic diseases caused by baccy and intoxicant combined. ( Swanson, 2010 ) These freshly diagnosed instances of unwritten malignant neoplastic diseases caused by the HPV virus are chiefly happening in the base of the lingua, which is the portion that starts at the dorsum of the pharynx and continues toward the gorge, and in the tonsils. Surveies have proven that HPV16 ‘s primary agencies of transmittal is through unwritten venereal sex, although current research is concentrating on other agencies of transmittal, including caressing and sharing drinks. Once a individual has been exposed to the virus, it can take between 20 and 30 old ages for the development of HPV related unwritten malignant neoplastic disease ( Chustecka, 2010 ) . One oncologist has said that there â€Å" is an epidemic, about a pandemic, of unknown proportion†¦ , † in respects to the figure of new patients that he is now handling with caput and cervix malignant neoplastic diseases caused by HPV. The demographic for caput and cervix malignant neoplastic disease patients has changed over recent old ages every bit good. Prior to 2003, the bulk of these types of malignant neoplastic diseases were found in older work forces in their 60s and 70 ‘s that have a long history of smoke and imbibing intoxicant. However, these traditional hazard factors no longer use. These yearss, the archetypal patient most at hazard are Caucasic work forces and adult females in their 40s and 50s, many which have ne'er smoked coffin nails or drank intoxicant merely on rare occasions. They do nevertheless hold other high hazard factors derived from sexual patterns, chiefly a high figure of sexual spouses, or a history of unwritten genital or unwritten anal sex. To understand this recent epidemic, past sexual behaviours have to be analyzed. During the late sixties and 70s, a sexual revolution of kinds occurred. It was a clip of sexual promiscuousness and rebellion against the norms of society. Monogamy represented repression. Sexual activity with many different spouses no longer held stigmata and unwritten sex became more widely practiced. Surveies show that since the 1960s, more than 80 % of the population now engages in unwritten sex. In comparing, merely 30 % of people born prior to 1950 hold engaged in unwritten sex. ( Manier, 2008 ) With the debut of AIDS in the late 80 ‘s, sexual attitudes began to alter. Education attempts doubled and parents began once more learning their kids about abstention and â€Å" safe sex. † In the 90s, under the instructions of Bill Clinton, unwritten sex was no longer considered sex. Oral sex rates skyrocketed because it had become much more acceptable to teens and to society as a much less hazardous option. However, the hazard factor for undertaking unwritten HPV grows in direct proportion to the figure of unwritten sex spouse a individual has. If a individual has more than five but less than 25 unwritten sex spouses in a life-time, there is a 250 % addition in the opportunities of developing unwritten malignant neoplastic disease. That rate rises to 750 % if a individual has over 25 unwritten sex spouses in a life-time ( Newswire, 2010 ) . For old ages, physicians have advocated one-year Pap vilification for adult females in hopes of cut downing the figure of patients that develop cervical malignant neoplastic disease caused by the HPV virus, by catching it in its pre-cancerous phase. Unfortunately, there are no trials available for work forces. Research attempts are under manner to develop new tools for usage by tooth doctors for early sensing of unwritten malignant neoplastic diseases. Thymine he job with some of these trials is the tumours are chiefly happening in countries non viewable by the bare oculus, in the tonsils and in the base of the lingua. Oral rinses would besides be uneffective for those same grounds. In 2007, the FDA approved a vaccinum, Gardisil, which would protect against both the virus that causes venereal warts and against the strain responsible for cervical malignant neoplastic disease. The Advisory Committee on Immunization Practices, ( ACIP ) recommends Gardisil for misss ages 9 to 26 in hopes of diminishing the figure of instances of cervical malignant neoplastic diseases diagnosed each twelvemonth. The FDA besides approved this same vaccinum for usage in male childs every bit good. In October 2009, the ACIP heard grounds sing the efficaciousness of the vaccinum in males every bit good as the costs associated with adding males to an all female vaccinum. The information presented to the Immunization Work Group was uncomplete because the informations sing HPV and its relation to unwritten malignant neoplastic disease, anal malignant neoplastic disease and penial malignant neoplastic disease was non included. The information presented to the work group contained statistics through 2003 and hence out-of-date, as the figure of caput and cervix malignant neoplastic diseases has increased over 30 % since that clip. After much argument, the work group approved a declaration to add the vaccinum as a permissive vaccinum for males aged nine to 16 for the intervention of venereal warts, alternatively of a recommended vaccinum to protect against both strains ( Advisory Committee on Immunization Practices, 2009 ) . Under a permissive recommendation, a supplier is non required to offer the vaccinum to his patients but must immunize if the parent or kid petitions the vaccinum. In add-on, private insurance will non cover the cost of the vaccinum and immunisation plans will non advance the recommendation ( Advisory Committee on Immunization Practices, 2009 ) . The determination to do the vaccinum permissive in males, alternatively of recommended, was based on the cost per quality adjusted life twelvemonth. To be cost effectual, a vaccinum should be less than $ 50,000 per QAL. The theoretical accounts presented to the IACP reflected a QAL over $ 100,000. These figures are non accurate because the theoretical accounts have uncomplete informations. For case, the theoretical accounts did non include all malignant neoplastic diseases that can be treated with the HPV vaccinum, merely on the strains that cause venereal warts. In add-on, the theoretical accounts were based on high inoculation rates of over 75 % in misss. Presently the inoculation rate is around 30 % . The consensus of many in the medical community is that high inoculation rates in eligible misss will contradict the demand to immunize male childs. This goes against grounds turn outing work forces and adult females have similar prevalence of the disease, and work forces have a higher acquisition rate of the virus ( Silverman, 2010 ) . Even though, with the current rate of inoculation being so low, it would do sense to urge the inoculation universally for both sexes. A cost analysis theoretical account that included the informations through 2002 but adjusted the malignant neoplastic disease rates to include all HPV malignant neoplastic diseases the vaccinum would protect against, places the QAL around $ 24,000. With the significant addition in the figure of instances in recent old ages, that sum is now even less. Either manner, the QAL falls good under the gilded criterion needed for inclusion into a national inoculation plan and would do better usage of the resources available. There has been much research by top universities and oncologists go forthing small room for argument on the correlativity of HPV and unwritten malignant neoplastic diseases in work forces, every bit good as anal and penial malignant neoplastic diseases. Despite all of the information that has been, made populace since 1998 when the nexus was foremost discovered, the Centers for Disease Control has yet to acknowledge HPV as a beginning taking to unwritten malignant neoplastic diseases. Public consciousness runs have started in little bunchs in the United States, but they are missing when it comes to acquiring the word out. Because of this, caput and cervix malignant neoplastic diseases are non caught in their early phases but instead in their late phases, and this histories for the really high decease rate of about 45 % at five old ages from diagnosing, and high intervention related morbidity in subsisters. Finding these malignant neoplastic diseases in an early phase greatly improves the opportunities of endurance. Ironically, caput and cervix malignant neoplastic diseases caused by HPV have a much higher rate of success than non-HPV malignant neoplastic diseases. Much of the medical community, like the populace, is non cognizant of the correlativity of unwritten sex, HPV16, and caput and cervix malignant neoplastic disease. Therefore, life salvaging showings are under utilised and inoculation recommendations are ignored. Despite the addition in Numberss, there is small to no public consciousness of the association between HPV and unwritten malignant neoplastic disease. In a recent European broad survey, 75 % of the respondents were unfamiliar with the term caput and cervix malignant neoplastic disease while 81 % of work forces in the US were unfamiliar with HPV ( Paul L Reiter, 2009 ) . There are enterprises in topographic point to assist increase cognition about caput and cervix malignant neoplastic diseases. The sawbones general ‘s one-year study in 2010 focused merely on unwritten wellness this past twelvemonth, a first for this type of study. Testing protocols for tumours are in topographic point. The word is get downing to distribute but its slow traveling. Celebrities who have suffered caput and cervix malignant neoplastic disease, such as Roger Ebert, are talking out about their ordeal, which can help in public consciousness, since famous person patients garner more attending than regular patients do. Screening devices are easy being developed that will help in placing these types of malignant neoplastic diseases early on. However, the biggest obstruction in cut downing the Numberss is still instruction. Our medical community must be made cognizant of the HPV connexion. In fact, the ADA merely released guidelines sing testing for caput and cervix malignant neoplastic diseases but recommends tooth doctors to pay close attending to their patients with a history of smoke or imbibing, and no reference of HPV. Medical forces need to be trained on what to look for: a new ball or a sore pharynx that does non travel off, gruffness, a hurting or tintinnabulation in the ear, oral cavity hurting or white spots or sores in the oral cavity, fistula infections that do n't react to antibiotics, upper jaw hurting, nose bleeds, and trouble external respiration or swallowing. In my household, the malignant neoplastic disease had spread to the lymph nodes and the first mark was a ball located on the cervix, but this occurs after the malignant neoplastic disease has metastasized into the lymph nodes, which is considered late phases of the disease. There besides lies a great trade of conflicting information on the web, including the CDC and WHO, that minimize the effects of HPV and developing oropharyngeal or other malignant neoplastic diseases. The disease is non acquiring the regard it deserves. We must besides educate through unfastened treatment with our kids, that unwritten sex is non safe sex if we hope to halt this epidemic. Sexual activity instruction has to include the dangers of multiple unwritten sex spouses and the high rates of transmittal of the virus. A 2007 study of undergraduate college pupils found that most immature grownups agree penile-vaginal intercourse is sex, but less than one in five think that oral-genital contact counts as â€Å" holding sex, † ( Stacy, April ) . Mouth rubbers or dikes are available and should be handed out like regular rubbers with instructions as to how to utilize them. Adults must besides be educated about the dangers of HPV and about showings for early sensing. The stigmata that this is merely a adult female ‘s disease or a disease found chiefly in the homosexual community must be erased. One of the ways to assist is to talk out to friends and household and portion the information. This deathly slayer must non be kept soundless any longer. One individual dies every hr from caput and cervix malignant neoplastic disease. Our voices can go our arm in distributing consciousness. We must educate our kids and other friends and household about the dangers of HPV. Vaccines could be really good but the IACP must be supplied with current information so that current recommendations for the HPV vaccinum can be reviewed. If the current vaccinum is given before exposure to the virus, a big figure of HPV-positive instances of oropharyngeal malignant neoplastic disease can be prevented. Last, early sensing testing systems must be developed that can observe this unobserved malignant neoplastic diseases before it is excessively late.

Sullivan Ford Case Study

Introduction This case details the position of Carol Sullivan-Diaz, the 28-year-old daughter of Walter Sullivan who died at the age of 56. Walter had bought a Ford dealership in 1983 that eventually grew into what is now Sullivan Ford Auto World. The business sells cars but also services them. Carol is disappointed by current turnover in car sales and sees that the service revenues are below average for this size of dealership. Carol’s now has to decide what way to tackle the future. She can sell the business but will probably only return a value below what it might be worth if profitable or she can look at the operation and see if she can turn it around herself. While she has a bachelor’s degree in economics, an MBA degree and a background in health care management, she also served time working with her father so she appears to have the skills and experience to tackle the issue if she so desires. Characteristics of Services The car sales and car service are closely linked. Here, we look at the car service following on from the car sale and both these processes are happening with the same provider, Sullivan Ford Auto World. While we generally say that services are intangible, in this case the car sales service has a high goods content that is the car at the end of the process. The car service on the other hand, is intangible. The core business here can be looked at as the car sales and the supplementary service is the car servicing. Sullivan is trying to establish the service as a stand-alone service. Sullivan could have customers that have not bought a car but have their own car serviced at the garage. But Sullivan would hope that when they sell a car, this customer will come back regularly to have their car serviced. However, survey results suggest Sullivan is not getting repeats. Another difference here is that when a car is sold, ownership changes to the buyer but in services we say that ownership does not change. What happens is that the car service â€Å"process† changes the physical possession that is the car. As we know, services cannot be stored. The physical car can be stored and kept as stock or inventory but the car servicing cannot. Therefore, it is essential that the servicing is kept working in order to generate turnover. If the service department has capacity to service ten cars per day, it must try to meet that target because if it is idle at any stage, that time (and time is money) cannot be regained. In the sale of a car, the customer can be involved as they are making the purchase decisions. They will decide if they need or want the car and then seek information. They can view the car, test drive it, smell the â€Å"new car† smell and enjoy the experience. They can contact Sullivan and see what’s on offer in advance. With the car service, the customer is not really involved (except to deliver the car for appointment) as car service is specialised and the customer will not be present when the service is being carried out. They cannot see the â€Å"service† and may have to wait and drive for days to be sure the service was successful. When the customer is buying a new car, they will be fairly sure of what they are getting. Ford has a good reputation and is seen to be a reliable brand, so the customer can be confident. The service is not the same. It is harder for Sullivan to maintain consistency with the service. Sullivan will be depending on his own mechanics to provide the quality whereas the car purchase will depend on Ford. Also, if there is a problem with the service, it will be difficult to hide this from the customer. It will be essential for Sullivan to be aware of the customers expectation so as he will not be disappointed afterwards. I also feel that there is a feel-good factor to buying a car and the customer is often happy to be involved in the deal but with a service, it usually happens when there is a problem so the customer may not feel happy when availing of this service and needs to be made feel comfortable. Walt said this himself when talking about the front end; â€Å"everybody’s happy when someone is buying a new car† and also observed of the service side â€Å"customers always seem to be miserable back there†). Also, as it takes time to service the car and doing without the car may inconvenience the customer, they may have a negative perception before the process starts. There is need to be aware of the difference between the car service and the customer service. The service may be good but the customer service can be bad at the same time. Customer Behaviours ) A search quality is a characteristic that can be easily accessed before purchase. [1] In the case of the car, the customer will be able to research qualities like colour, performance. He can get a feel for the car by looking around the interior, the boot, see what the engine looks like and sounds like. These are qualities he can use his five senses to evaluate. They are tangible. Ford’s reputation should eliminate risk when purchasing. However, this is not the case for the service. He cannot have a pre-purchase experience. There is no tangibility. For this, his behaviour will change. He may seek testimonials from others and depend more on word of mouth. He will seek advice on the reputation of Sullivan’s service. From the case, we see that there are problems with the service. Delays at processing, inconvenient scheduling, availability of parts etc. There is a risk here as the service may not be satisfactory so Sullivan must reassure the customer. Sullivan must ensure that the mechanics are fully trained and that customers have confidence in them b) An experience quality is a characteristic that can only be assessed after use. [2] Generally, there is a feel good factor after someone buys a car. With a reliable brand like Ford, customers would feel little risk involved and would enjoy their new car. Providing that the car runs well, the buyer should be in a position to pass on this experience by word of mouth. This is not true of the car service. Firstly, the customer may not know if the service worked. There is a risk there even after the service. One could, for example, have left the car in for servicing because every now and then the car may lose power. I believe that the customer will still be wary for some time after. If the car then loses power, there will be that sense of let down. I have found I am often on edge after a service, almost waiting for something to go wrong. If the customer is unhappy with the delays, etc outlined earlier, that too will affect the experience quality. Sullivan’s customers do not seem to be enjoying the experience between delays, inconvenience and a grubby work entrance as well as the mechanics not explaining what is happening. c) A credence quality is a characteristic that consumer may have difficulty assessing even after purchase because they do not have the knowledge or experience. [3] This may not be an issue when buying the car. The buyer immediately knows how a new car is. One expects that the driver is experienced enough to know how the car feels and also would be aware of their expectations. When it comes to the car service, the customer may not know anything about car mechanics but will know how they feel after and if they are happy with the car. They do not need any expertise to know if the problem has been resolved. Sullivan’s people are not communicating with them well. d) There are different risks involved with the two services. Ideally, buying a new car should involve no risks but you can be unlucky. You could end with a car that has problems but this is reasonably rare. The car service is different. You have to trust the service provider that they can do the job. You may be depending on recommendations and unsure of the quality of the service. The customer will not be present so has to rely on the provider that they will do the job correctly (and will work first time, â€Å"was it fixed right†) and indeed must feel sure that they will actually do the job at all. This is an area open to fraud, as the customer will not see the process. The customer here may be worried about the risk of delays. It tells us that Sullivan is slow to write the orders, not convenient when it comes to scheduling, unsure of availability of parts and this all takes times. e) The decision making process for buying the car will be as follows. First, the customer recognised the â€Å"want† for the car. Next they will seek information. The information will come from research, word of mouth, specialist publications, etc. Step three will be the evaluation of alternatives. The alternatives are fairly limited and will be to decide if he wants to take public transport, get a bicycle, depend on lifts but if one ants to be independent, there are no alternatives. Next is the purchase and then after that, evaluate the product. Has it satisfied his needs? Was it of value? f) The car service will have a different 3-stage process. Firstly, at the pre-purchase stage, the customer will be aware of their need and that means that the car needs servicing. They will explore solutions and that may mean going to t he service provider or look for alternatives. They will talk to third parties and maybe the supplier themselves. This will help them identify risks and their desired service level. The zone of tolerance will be established at this time. An alternative will be to service the car at home or get a friend who is skilled to do this that they trust. If they decide to go ahead, they will then make that decision. Service will be delivered and payment made. After this step is the post-encounter stage. Here they will evaluate the performance and compare it to their expectations. Are they satisfied or not with the service? Interestingly, the survey shows that the customers are made aware of what they had to do if they needed a service but less than a third had been introduced to someone in that department Flower of Service Below is the Flower of Service and analysis of the problems facing Sullivan. The â€Å"core† is the car servicing and both the facilitating services and enhancing services surround it. [pic] Facilitating Services Information – This is the first step in the service where the customers get the information they need. In Sullivans, they are told what to do if they need a service but they are not being introduced to any of the team. Here they should find out about the scheduling, how long the service will take, the price, does the warranty cover it, etc. Order Taking – This is where the bookings are taken; the scheduling is put into place and so on. Sullivans seem to be falling down here. Their survey results show the worst ratings and things like promptness of orders, scheduling convenience, service hours convenience are all pointed out. The fact that all orders were hand-written slowed down processing and often the telephone ringing slowed it down even more much to the frustration of the customers. Another frustration was that if the job was not of routine nature, a price could not be given on the spot. The customer would be called later in the morning with an estimate. Billing – People expect clear and precise billing and there is nothing to suggest that there is a problem here and as all orders are handwritten and with carbon copies, it should be easy for the bills to be clear. Also, the customer is either given an instant quotation for routine work or will contacted with a quotation so this should make billing clear. Payment – As the cars are due to be collected by 6pm on the day of the service, it would be expected that payment be made then. The service writer would have all the paperwork in order when the customer would collect the car. Enhancing Services Consultation – This is more than just information. Information really consists of answering the questions of customers whereas consultation is deeper and probes the specific needs or requirements of the customer and then draw up an appropriate plan. This would be important in an area where the customer is unfamiliar with actual service. The mechanic should diagnose the problems and then take the customer step by step through the possible solutions and alternatives. Here in Sullivans, they explained what to do when a service was needed but after that not many were introduced to someone in the service department. This is where the expertise lies and therefore consultation should have followed. The survey also said that customers were offered poor explanations of the work done and found the staff rude and impolite. Hospitality – This is the welcome that customers should get on arrival and a sense of being a valued customer. This should be easy to deal with as a smile and a friendly face costs nothing. Feargal Quinn, of Superquin fame, says, â€Å"If somebody comes to us looking for a job, we make sure they know how to smile†. [4] It is the small things that make people feel welcome. Sullivans seem to be failing here too in the service department. When greeting the customer, there must be a smile, it must be sincere and there must be eye contact†. [5]In Walt’s time, he made everyone welcome in the front office and had little time for the service area. This showed. It was shabby and greasy. The customers were interrupted by ringing phones while waiting for their car re ports to be written. Rick Obert was â€Å"gruff and argumentative†. The service department people feel uncomfortable bringing people over to the service bays so that does not seem hospitable. There was a man in a confrontation over his service so that certainly lacks hospitality and should have been dealt with immediately. Safekeeping – People expect that their possessions would be safe while being kept by the service provider. The customer here would hope that their car is safe while on the premises for the service and when not being worked on by the service people, that it would be parked in a safe place and manner. A perception here could be that Sullivans is lacking here. While there is no direct evidence, the fact the building was â€Å"old and greasy† and the service writers’ room was â€Å"cramped with paint peeling† might lead customers to believe there is a lack of safekeeping in the department. Exceptions – These are services that fall outside the normal service. We are told that the scheduling is inconvenient and service hours are too. Here exceptions should be made. There does not seem to be an atmosphere of making the customer satisfied. It seems as if Walt’s idea of not bothering with the service department has grown. There does not seem to be an ethic of problem solving. I felt from reading the piece it was a case of take it or leave it. There also seems to be no way of handling complaints. The man who Was shouting at the end had issues of â€Å".. three visits†¦service stinks†¦who s in charge†. This should have been dealt with quickly in a hospitable manner. Advice On Marketing Mix Carol has a background that could be very useful in dealing with this. She has a bachelor’s degree in economics, an MBA degree and is involved in health care management. She worked with her father so she has the skills and experience to deal with this. The 7 Ps are; Product, Place, Promotion, Price, Physical Environment, Process & People. I will look at these individually and see how Carol can mix them to help improve her situation. Product – The product in this case is the actual car service. This is the core of their offering and it is essential that this is a safe, reliable product. The customer has to be satisfied that the service is of quality. They could give the customer some confidence by making sure that they are introduced to a member of service team who can answer any questions or worries they might have about the service. Customers did worry about the product. They worried about how much the service might cost, how long it took, how did the warranty sit, etc. These are basic parts to the product that must be addressed by Carol. Place – The â€Å"place† of Sullivan’s car sales appears to be of no concern. It is on an intersection of a busy urban highway, with many new developments near by. In 1996 he bought the current site and developed it into what it is now. The place seems to be known as the study says â€Å"everyone seemed to know Walt†. But the worry from Carol’s point of view for the service department is that this area cannot be seen from the road. So people looking for services and who may not be as familiar with Sullivan’s could easily pass by. On top of that the building looks â€Å"old and greasy†. Promotion – As far as I can see from the study, the only promotion that takes place is on site promotion. The garage is decked out with bunting, flags and banners that say â€Å"Lets Make A Deal†. This is an area that she could easily develop. She could offer a free service with a car sold. She could also make appointments in advance by working out the customers’ average mileage and schedule an appointment like a dentist would. She could manage supply and demand better by offering discounts for services on days she finds are quiet. She has the academic background for this as well as her medical and family business experience. Price – In this case study we are not told that the price is affecting the number of customers that avail of it. Price is often the most thing that will make customers decide where to buy so Carol could look at this. Where there is an issue is the explanation of the work, how much it will cost and will it work on first attempt and not be a recurring cost. Physical Environment – Judging from the description of the garage, the physical environment of the service area leaves a lot to be desired. Firstly, the service area is hidden behind the showroom. Even though the equipment is modern, the building is old and greasy. The service writers work in a cramped room with peeling paint and the customers have to stand and wait while orders are being written up. This seems like an old style office plan and not acceptable in modern day car dealing. The study has told how stressed and bothered customers are when in the building so the physical environment should be made pleasant to help calm the clients. Process – The process here needs an overhaul. Customers find the order taking slow and it can be interrupted easily by the phone ringing. She must computerise it immediately. The customer leaves the car and collects it later. This is fine but the service hours are inconvenient along with the scheduling so the whole process is a trauma for the customer. She needs to implement an evaluation system that she can monitor the quality of service and maybe get the staff to explain the nature of service. She needs to put a new process in place that will allows the car to be dropped off and have a convenient entrance, instead of a side door of a greasy building and then be met with a smiling service writer who will schedule a service that is convenient. People – This is a very weak area for Carol. The survey results show that the people served by Carol and her sister were much more satisfied. The customers reported that interpersonal variables were poor. For example, politeness and understanding customer problems rated badly. The service manager was said to be gruff and argumentative with customers. This has to be addressed. When people are dealing with a possession as personal as a car, the dealer has to be polite, patient and understanding. Larry Winters is vital here. He has been leading salesman and has shown strong management capabilities. She also needs to employ more mechanics to utilise the equipment and have the service department working to capacity. Conclusion I think Carol has the skills to turn her business around. She is educated and has experience in her own business. She has the turnover of people coming through the business so if she uses her know how, I believe she will succeed. ———————– [1] Essentials of Marketing, Charles W. Lamb, Joseph F. Hair, Carl McDaniel, 2011 [2] Essentials of Marketing, Charles W. Lamb, Joseph F. Hair, Carl McDaniel, 2011 [3] Essentials of Marketing, Charles W. Lamb, Joseph F. Hair, Carl McDaniel, 2011 [4] â€Å"Crowning The Customer, How To Become Customer Driven†, Feargal Quinn, O Brien Press, 1992 [5] Mechanization Takes Command, Organizations As Machines, Gareth Morgan â€Å"Images Of Organization†, Sage Publications, 1986.