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Assignment II – Intake Session Assignment Treatment Plan 1) Identify what additional information you would need to begin treatment with this client? One of the most important aspects of counseling is to learn how your client copes with their struggles. I found that this was not covered in the â€Å"Karen† intake. If I were to go back and complete an assessment with her, I would most definitely cover this topic in further detail, specifically with her traumatic event with her own personal experience with her car accident as well as losing her father to a car accident. I could always assume that she has chose to cope with the traumatic event of being in the car accident by isolative behavior as well as disengagement from social events†¦show more content†¦There are special considerations that need take place before someone get introduced to group; however, because it has the potential to trigger the individual and create a crisis in their life. Therefore, I would be careful to not place her in group too soon without knowing that she has healthy coping skills to handle the anxiety that may come from group therapy (N ilmadhab, 2011). In addition to CBT and Group I would utilize exposure therapy with Karen, which would allow her to have less fear of her memory of the car accident by repeatedly speaking about her trauma (Zoellner, Feeny, Bittinger, Bedard-Gilligan, Slagle, Post, Chen, 2011). Karen has learned to fear thoughts, feelings, and situations, as well as her close relationships that remind her of car accidents. I would help Karen talk about the trauma in hopes of helping her control her feelings and avoidance of the topic. Karen was very hesitant in discussing the car accident itself. She described it but did not seem to have the desire to discuss how the car accident made her feel; therefore, it would be critical to bring these feelings out of her and expose her to those feelings and emotions (Zoellner, et. al., 2011). Karen would learn to not be afraid of these feelings and memories from the car accident. I would also utilize eye movement desensitization and reprocessing (EMDR) therap y, which is commonly used for individuals suffering from post traumatic

Argumentative Position Paper Free Essays

| | | | | | The â€Å"Weak† Tea Party Movement Curt D. Collins Bellevue University Professor Wright EN102-T301 Composition II October 13, 2012 The â€Å"Weak† Tea Party Movement On Feb. 19, 2009, about a month after President Barack Obama’s first day on the job, CNBC host Rick Santelli railed against the President’s proposed bank bailout and stimulus package on the floor of the Chicago Mercantile Exchange calling it an effort to help those who did not, or could not, help themselves (Tea Party Movement, 2012). We will write a custom essay sample on Argumentative Position Paper or any similar topic only for you Order Now Santelli sanctioned â€Å"another tea party† similar to the American Revolution movement of the same name, and almost immediately, the movement gained momentum. By autumn, hundreds of Tea Party groups organized efforts in every state (Tea Party Movement, 2012). A year later, the movement influenced Republican party politics in the 2010 congressional elections (Tea Party Movement Evolves, 2012). With all the hype and candidate activities grabbing headlines for the past two years, the Tea Party Movement has fallen back to the shadows of the alleys that seldom get noticed. The goals of the movement initially were to remove Republican Party officials who were not living up to the conservative standards adopted by the movement and stop the Democratic economic policy supporters from carrying out the bailout plan. Although the Tea Party Movement was effective in 2009 and 2010 at trying to accomplish it’s goals, the lack of a substantive spokesman, little to not political pull, and sporadic support has watered down the efforts of the movement to an almost complete halt in 2012. Therefore, the Tea Partiers have lost their chance to evoke change in the government. Since the Tea Party Movement ideals do not support the President’s party, Democrats view the movement as a road block to progressing the current administration’s plans for economic recovery. Conservative thinkers, on the other hand, see the Tea Partiers as throw back hardliners who will stop at nothing to achieve the success that comes with defeating the Democrats in elections, passing an economic strategy that supports a more conservative framework, and purging the Republican party of so called conservatives that really don’t practice what they preach. This kind of focus and drive is a good thing. The founding of the United States of America is based on the idea that we all have the right to speak out against the current government. Conflict is healthy. With conflict comes resolution. The resolution brings a new idea that best suites the situation. Theda Skocpol, Victor S. Thomas Professor of Government and Sociology Harvard University, cites three main forces behind the movement’s success: â€Å"grassroots activism, funding from wealthy conservative advocacy groups, and publicity from right-leaning broadcasters† (Skopcol and Williamson, 2012). The movement has all the ingredients of becoming a very viable and valid contender for fighting the good fight, according to some. Newt Gingrich, former Speaker of the US House of Representatives, stated the following in a July 29, 2010 interview with Newsmax. tv:†First of all, I think the Republican Tea Party will beat the Democratic Socialist Party†¦ Second, I like the Tea Party movement†¦ I think the Tea Partiers I meet with around the country†¦ re serious people studying the Constitution, trying to find a way to get back to balanced, limited government with balanced budgets and with much less power in Washington, and I approve of their general direction. † July 29, 2010| The key point to take away from Gingrich’s statement is that the Tea Party is trying, without success, to invoke principles that have do not have widespread appeal. In cases like this, a spokesman for the Party Movement would be most beneficial. Rick Santorum, former US Senator (R-PA), stated the following during the June 13, 2011 CNN Republican presidential debate in Manchester, NH, available on CNN. com: | â€Å"I think the Tea Party is a great backstop for America. I love it when people hold up this Constitution and say we have to live by what our founders laid out for this country. It is absolutely essential that we have that backbone to the Republican Party going into this election. † June 13, 2011 | Although Santorum supports the ideas the Tea Party Movement endorses, he does not support the movement. Tea Partiers fight for what is theirs. Most are older citizens that rely on Social Security and Medicare, two things that the Democratic economic strategy will substantially reduce fiscally. â€Å"They think that government spending is OK as long as it’s for people who’ve worked all their lives and earned the benefits,† Skocpol said. â€Å"They speak of themselves as hard-working Americans who deserve all they’re getting from society. † The Tea Party Movement does not support programs like Pell Grants, food stamps, and Medicaide. In general, the movement members do not feel an obligation to support groups like immigrants, people of color, and young people. Opposition from these groups has contributed greatly to the demise of support for the Tea Party Movement. The mantra for Tea Partiers is that of a generation who worked hard for the benefits that they currently have and damned be anyone who tries to â€Å"steal† from that pot (Skopcol and Williamson, 2012). This ideology is slowly turning away a whole generation. Without support from these less mature individuals, the party is losing popularity, fast. The beginnings of the movement may have be admirable, however, its growth and victories are a result of donations from conservative groups and exposure due to making headlines (Skopcol and Williamson, 2012). â€Å"Conservative political action committees saw a good thing erupt in 2009, and joined with right-wing media leaders in cheerleading, pushing, leveraging the grassroots protesters to effect change within the Republican Party,† Skocpol said. Their goal was to move the GOP further to the right in policy terms, and to prevent moderates from getting elected, and from compromising with Democrats if they got there. The right-wing media helped to give scattered protesters and groups the sense that they were in something big together and could affect national politics. † Although Republicans benefitted from Tea Party influence by achieving electoral success in 2010 and may again in 2 012, Skocpol says that the movement creates major problems for the Republican Party as the years go on (Skopcol and Williamson, 2012). One of the problems being that the popularity of the movement might polarize supporters, therefore, the support will die in order to facilitate â€Å"acceptance† in the party as a whole. The more likely result is that Tea Party supporters will come into the fold of the Republican Party, abandoning the ideals and issues once fought for strongly by the movement. Mitt Romney, former Governor of Massachusetts, stated the following during the NBC News/Politico Republican presidential debate held at the Reagan Library in Simi Valley, CA  on Sep. , 2011, available at NYTimes. com:| â€Å"I believe in a lot of what the Tea Party believes in. The Tea Party believes that government’s too big, taxing too much, and that we ought to get — get to the work of getting Americans to work. So I put together a plan with a whole series of points of how we can get America’s economy going again. Tea Party people like that. So if the Tea Party is for keeping government small a nd spending down, and helping us create jobs, then, hey, I’m for the Tea Party. † Sep. 7, 2011| The real Tea Party Movement is not a political party. How can a movement endorse anybody? It can’t. This is a big factor for why interest and momentum is dwindling with the movement. One reason for the lack of leadership: Romney, Gingrich, and Santorum have each taken political and economic contrary stands on issues that the Tea Party Movement supported. Gingrich and Romney both supported a bank bailout in 2008, as well as supporting health insurance incentives years earlier (Skopcol and Williamson, 2012). Santorum, the most conservative of the three, voted against several projects that received Tea Party support during his time in the Senate (Skopcol and Williamson, 2012). Looking more like a senior citizens brigade than a force to be reckoned with in the political arena, the Tea Party Movement is waning. â€Å"The Tea Party movement is dead. It’s gone,† says Chris Littleton, the cofounder of the Ohio Liberty Council, a statewide coalition of Tea Party groups in Ohio (The Tea Party Movement Evolves, 2012). I think largely the Tea Party is irrelevant in the primaries. They aren’t passionate about any of the candidates, and if they are passionate, they’re for Ron Paul. † Ron Paul has no support from any party and is not considered to be a contender for the office of the President. The Tea Party Movement will not influence government as long as it continues to repel support of minority groups, cling to issues that affect only a fraction of the population , and fail at choosing a spokesperson who can be rallied around to act as effective leader for the group. References Skocpol, T. , and Williamson, V. , (2012). The Tea Party and the Remaking of an Conservatism. Oxford; New York: Oxford UP. Print. Tea Party Movement. (2012). In The New York Times. Retrieved from http://topics. nytimes. com/top/reference/timestopics/subjects/t/tea_party_movement/index. html Barrow, W. , (2012). Tea Party Movement Evolves, Achieves State Policy Victories. (2012). In Huffington Post. Retrieved from http://www. huffingtonpost. com/2012/08/12/tea-party-movement_n_1770452. html How to cite Argumentative Position Paper, Essays

Dispute Resolution in Oil and Gas Industry

Question: Describe about the oil and gas industry? Answer: Introduction The oil and gas industry is one of the most expensive industry. It is a complex industry, consisting of risky operations The parties enter into special contracts. This industry has complex and risky operations, hence susceptible to myriad disputes. The disputes that arise are related to jurisdiction, quality of goods, quantity of goods, insurance, international boundary, expert findings, etc, thus it is necessary to solve the dispute between the parties by appropriate means. ADR (agreed dispute resolution) processes are also called alternative dispute resolution. It can be mediation, arbitration, negotiations, expert determination, conciliation and evaluation. Arbitration is one of the forms of agreed dispute resolutions. It permits the parties to the contract to solve their disputes by arbitrator instead of the traditional court system. To initiate arbitral proceedings, the parties to the contract can refer their dispute to one or more persons - known as the 'arbitrators' or an 'arbitral tribunal' and it is agreed between them to be bound by the decision or award of arbitrators or the arbitral tribunal. International commercial arbitration is of two types, 1) An institutional arbitration and 2) An ad-hoc arbitration (Maniruzzaman, 1993). The institutional arbitration process is one where the parties to the dispute refer their case to the arbitral institution for determination of an award, whereas in adhoc arbitration, the parties file their dispute to an arbitration not managed by any established arbitral institution. There is no dearth of arbitral institutions in the world. There are three main International Commercial Arbitration Institutions viz, the International Chamber of Commerce (ICC), International Cente for the Dispute Resolution (ICDR), International Court of Arbitration the American Arbitration Associations (AAA) and the London Court of International Arbitration (LCIA) (Bower and Young, 1995). The reasons as to why international commercial arbitration is still preferred in spite of development in litigation 1) Neutrality It so happens, that the contracts are between the parties of different nations and different jurisdictions, None of the parties to the contract are ready to be subjected to the jurisdiction of another nation. The countries would want to avoid the advantage of home country, thus resulting in parties choosing neutrality based arbitration. For the purpose of neutrality, the nationality and residence of the arbitrator are considered by the court. The arbitrator's relation to the parties to the contract is also considered in order to make sure that the arbitrator's decision is independent and impartial (Trakman, 2002). The decision of the arbitrator can be challenged in case of absence of independence and impartiality by the public policy executors. 2) Autonomy The main principle of International commercial arbitration is autonomy. It gives autonomy to the parties to the contract, that is not given in litigations. It is provided in Article 19 (1) of UNCITRAL Model Law that subject to the provisions of national and international laws of arbitration, the parties to the contract agree about the conduct of arbitral tribunals proceedings. The parties to the contract are free to concur on the methods of solving their disputes in the United Kingdom. Arbitrators are persons with expert knowledge in the oil and gas industry in comparison to magistrates and honurable judges of courts who lack expertise. In the case of Jivraj v Hashwan (2011) UKSC 40, the Supreme Court held that the autonomy of parties cannot be challenged by overruling the decision of Court of Appeal. There is no limit as to the freedom of parties (Giles, 2011). 3) Speedy disposal and cost effective Arbitration is preferred, as it is speedy and cost effective. Whereas litigation involves high fees and is very expensive, the court processes are lengthy. However, there is a difference of opinion regarding the costs of the arbitration process, as it is believed that the arbitration is costly in comparison to international litigations. In Arbitration, the award is not appealable, except in a few cases, there is less of discovery, so it takes a shorter time, hence, more beneficial in comparison to litigations. It is authored by Watkins and Latham that, delay in arbitration may result due to the arrangement of the arbitrators schedule and even the party schedule (Hwang, 2015). Enforceability of the Award The basic benefit of international arbitration is in respect of an enforcement of an award. As per the New York Convention, it is obligatory on the contracting parties or contracting states to give recognition to the award and also obligatory to enforce an award, except, in case of irregularities that are of a serious nature in procedure or in the integrity of procedure (Ahmed, 2010). The development of resolving international disputes in oil and gas industry by arbitration is attributed to the New York Convention and is regarded as an important treaty in the matter of international arbitration in the commercial sector. Since, it is obligatory to enforce an award, it becomes much easier to enforce an award given in one contracting state into the other contracting states. The most important feature in the matter of arbitration is the principle of separability which exists in an arbitration clause or agreement. It states that, even if, the clause of arbitration in the contract is decla red as null and void, it permits the parties to enforce an award. The principle of separability is incorporated in Article 16 (1) of the UNCITRAL Model Law, as under an arbitral clause, which is a part and constitutes a contract shall be considered as an agreement and irrespective of the rest of the terms of the contract. The decision taken by the arbitral tribunal which declares the contract as null and void will also do not make the arbitration clause invalid (The Merits, the Award and Annulment -- Act IV, Scene I, 2008). This separability doctrine of the arbitration clause is favored and in many cases, defended by the arbitrators. In the matter of arbitration between Texaco Overseas Petroleum Company (Topco) California Asiatic Oil Company v Government of Libya Arab Republic Award of 19th January 1977,17 LL.M 3 (1978) 4 Y. B.Com. Arb. 177 (1979), wherein it was held that the doctrine of separability is widely accepted. It is complicated, expensive and time consuming to enforce the judgement of the court in another country, thus arbitration internationally is the most preferred means of settling disputes as it is speedy and simple (Wortmann, 1998). Confidentiality International Commercial Arbitration is of a great advantage due to its virtue of confidentiality. It is agreed between the parties to the arbitration agreeent to maintain confidentiality of proceedinds, orders, documents and also the awards, whereas in litigation, there is no confidentiality, the proceedings are open to the public, however there is a lot of controversy regarding the confidentiality of arbitration proceedings, as the person who seeks to enforce an award has to apply in court for enforcement, thus it results in proceedings becoming open to public. In the case of Dowans Holdings Dowans SA (Costa Rica) (DOWANS) and Dowans Tanzania Limited v Tanzania Electricity Supply Co. Limited (TANESCO) Arbitration Case No.15947/ VRO. ICC, in this case gave an award favouring DOWANS applied to High Court of Tanzania Dar-es-Salaam. the proccedings acquired huge news media reporting. Thus, the dispute regarding confidentiality may be right (Uk.practicallaw.com, 2016). Non-Adversarial This is one of the most important factor of a non-adversarial approach. As put forth by King and Others, the basic aim is to prevent the disputes, co-operation and solving the problems Its objective is to find the truth and not the dispute determination only. The approach is more multidisciplinary than monopoly. This approach of non-adversarial is based on the principle of win-win. This is most suitable for oil and gas industry, as the parties to the dispute intend to maintain relationships even after the disputes are resolved and award is granted. It is a big advantage in this regards due to this approach of Non-adversarial for maintaining good relationships between the parties to the dispute after the completion of arbitration process. In litigations, the principle of winner-take all is due to adversarial approach, so the question or intention of maintaining relations is not there (Legislation.gov.uk, 2016). Conclusion In short, oil and gas industry prefers an arbitration process, as it enables the parties to select a venue that is neutral, resulting in a neutral process. The most deciding factor for parties to prefer international arbitration despite developments in litigations, is due to party autonomy. As per the NewYork Convention, the parties can enforce an award of an arbitrator, thus the parties to the dispute are given an assurance for choosing arbitration for Redressal of their greivances. And lastly, due to its non-adversarial approach to solve disputes on the basis of principle of win win, it allows the parties to the dispute to maintain good relations, which is very important for continuing the operations in oil and gas industry. However, according to the survey carried out by Professor Loukas Mistelis, Director of the school of international arbitration, eighty percent of the corporation stated that, the main disadvantage of arbitration was huge expenses (Resolution, 2015). Recently, i t was acknowledged by the stakeholders that arbitration is costlier than litigation and that at times it is not possible for the parties to refer the dispute to arbitration for vindication of their rights (Uk.practicallaw.com, 2016). It is not accepted by some that arbitration is more expensive than litigation as they consider some arbitration are cheaper than litigation and some are costlier, in the case of complex disputes, the cost goes up to hundreds or millions in foreign currency. The people who consider arbitration expensive have following reasons in believing so: 1) It is the case that the clause in the contract results in party to a particular arbitration institution, thus they are not able to exercise an option of choosing a low cost arbitration, if the agreed arbitration institution is expensive. Thus, it becomes expensive as the party cannot choose a low cost institution. 2) The second reason attributing to being expensive is the responsibility of the party to pay the arbitrators' fees, administrative fees, fees of the institution, whereas in litigation, Judges are not to be paid by the parties to the dispute, as the government pays them (Academia.edu, 2016) . 3) The arbitration procedures put a burden of lots of extra fees on the party. All the extra fees results in arbitration expensive, however, these extra fees tend to become less costly than the costs of attorney's fees and other legal expenses, where substantial investigations are required. It may be said that there are expensive arbitration and cheaper arbitration and litigation too may be expensive or may be cheaper. In spite of being expensive, international commercial arbitrations are preferred to solve their disputes because of its reliability of enforcement of awards. It may be suggested that in coming years arbitration may develop and has a bright future. It can be further suggested that a mechanism needs to be developed to reduce the arbitration cost. If the parties to the dispute in international contracts conducts a research in the matter of selection of arbitral institution or other body, then in that case it would enable them to know the costs of arbitration (Celik, 2013). They can analyze and get details of the costs of all the arbitral bodies or institutions and choose the one that suits their budget. In view of the given reasons for preferences for International Commercial Arbitration, it seems that arbitration is a more advantageous method of solving the disputes as it enables the parties to maintain good relations at the end of the arbitration. It is very important for the parties to continue to keep good relationships with each other in oil and gas industry. References Academia.edu. (2016). Dispute Resolution in Oil and Gas Industry: International Commercial Arbitration. [online] Available at: https://www.academia.edu/8782565/Dispute_Resolution_in_Oil_and_Gas_Industry_International_Commercial_Arbitration [Accessed 16 Mar. 2016]. Ahmed, M. (2010). Arbitration Clauses: Fairness, Justice and Commercial Certainty. Arbitration International, 26(3), pp.409-420. Bower, D. and Young, A. (1995). Influences on technology strategy in the uk oil- and gas-related industry network. Technology Analysis Strategic Management, 7(4), pp.407-416. Celik, D. (2013). Judicial review under the UK and US Arbitration Acts: Is arbitration a better substitute for litigation?. IALS Student Law Review, 1(1). Giles, J. (2011). Hashwani v Jivraj: London Court of International Arbitration and others intervening: ([2011] UKSC) 40: Supreme Court (England and Wales): Lord Phillips of Worth Matravers PSC, Lord Walker of Gestingthorpe, Lord Mance, Lord Clarke of Stone-cum-Ebony, Lord Dyson JJSC: 27 July 2011. Oxford Journal of Law and Religion, 1(1), pp.298-299. Hwang, M. (2015). Commercial courts and international arbitration--competitors or partners?. Arbitration International, 31(2), pp.193-212. Lando, O. (2007). Culture and Contract Laws. European Review of Contract Law, 3(1), pp.1-20. Legislation.gov.uk. (2016). Arbitration Act 1996. [online] Available at: https://www.legislation.gov.uk/ukpga/1996/23/contents [Accessed 16 Mar. 2016]. Maniruzzaman, A. (1993). Conflict of Laws Issues in International Arbitration: Practice and Trends. Arbitration International, 9(4), pp.371-404. Resolution, O. (2015). Oil and Gas Industry Favours International Arbitration for Dispute Resolution | White Case LLP International Law Firm, Global Law Practice. [online] Whitecase.com. Available at: https://www.whitecase.com/news/oil-and-gas-industry-favours-international-arbitration-dispute-resolution [Accessed 16 Mar. 2016]. Jacobs, K. (2016). ARTICLE:The Convergence of Renewed Nationalization, Rising Commodities, and "Americanization" in International Arbitration and the Need for More Rigorous Legal and Procedural Defenses. [online] Litigation-essentials.lexisnexis.com. Available at: https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplaycrawlid=1doctype=citedocid=43+Tex.+Int%27l+L.J.+359srctype=smisrcid=3B15key=592a6c4c3b6a0f623a2a617ab1d3e26f [Accessed 16 Mar. 2016]. The Merits, the Award and Annulment -- Act IV, Scene I. (2008). Arbitration International, 24(1), pp.77-96. Trakman, L. (2002). Confidentiality in International Commercial Arbitration. Arbitration International, 18(1), pp.1-18. Uk.practicallaw.com. (2016). Practical Law. [online] Available at: https://uk.practicallaw.com/2-510-6528?service=arbitration [Accessed 16 Mar. 2016]. Uk.practicallaw.com. (2016). Practical Law. [online] Available at: https://uk.practicallaw.com/4-502-1378?service=arbitration [Accessed 16 Mar. 2016]. Wortmann, B. (1998). Choice of Law by Arbitrators: The Applicable Conflict of Laws System. Arbitration International, 14(2), pp.97-114.