Internet Addiction: Ushering in a Generation of the Socially Inept

How long does a year take when it's going away? This was a question asked by Dunbar to a very highly disciplined soldier right before explaining, rising in almost furious passion, how fast life goes and that the only way that can slow it down is the slow, tedious, and overall unpleasant aspects of life. Granted this conversation took place in a work of fiction; however, how Dunbar insisted that he spend most of his time on base shooting skeet simply because it made his life seem to pass slower does draw parallels to how we distract ourselves today. Unlike in the 50's when Mr. Heller first introduced us to his pleasantly insane world that was Catch-22, today we have the amazing expanse of information and entertainment known as the Internet as well as the multitude of mediums for accessing it: computers, tablets, cellphones, televisions, even the very confines of our car can read Facebook updates. But with this quickly growing rise in demand for technology, status updates, and quick amusement, there is also a growth in research on a literal addiction to the Internet and technology. Many in the social sciences worry that we may be looking at a dependence on the superficial global connection, one that I fear may leave us with an incapable generation of social media dependents. Internet addiction is seen as an impulse-control disorder, much like other addictions such as to gambling or sexual activity, where users are unable to resist urges or impulses to access the Internet. In a recent study done by Dr. Kimberly Young of the University of Pittsburgh at Bradford, it was found that out of the nearly four hundred surveyed that were categorized as Internet dependent a resounding number had experienced academic, relationship, financial, or occupational problems that could be directly linked to excessive Internet use (Table 1).    One of the most alarming of these were those whose real relationships were affected with plenty sad and at times disturbing anecdotes of people becoming too absorbed in the lures of the online community; for example, one mother had forgot about some of the more basic needs of her own children such as picking them up from school or making them dinner (Young 1-5). The academic arena is one that has been most recently seen affected. When surveyed at the Cranfield School of Management in the United Kingdom, about 39% of students 11 to 18 years old said that texting had taken its toll on their ability to proper write English. Probably more concerning was the 59.2% that openly admitted to plagiarism, â€Å"inserting information straight from the Internet into schoolwork, without actually reading or changing it, and then, shockingly, a third of those said that they considered that acceptable schoolwork (Goodwin). Then you have Californian psychologist Larry D. Rosen who referred to the â€Å"Google effect,† what he described as â€Å"an inability to remember facts brought on by the realization [sic] they are all available via Google (â€Å"Rise † 8). What we see here can be construed as just laziness on part of this generation, a stereotype that I would agree with if not for the overwhelming evidence that suggests that this issue runs so much deeper, namely how we interact with each other when we are offline. The detrimental effects that dependence on the Internet has on people is further outlined in the report â€Å"Technology Overload: Explaining, Diagnosing, And Dealing With Techno-Addiction† by Nada Kakabadse, a professor of management and business research at University of Northampton in the United Kingdom. His commentary was hardly optimistic: â€Å"Being hooked into ICT [information and communication technology] devices and ignoring ‘offline' social interaction can lead to chronic insomnia, relationship break-up, job-loss, premature burn-out and accidents as a result of inattentiveness to daily detail.The harm to both the individual and society is immense. Idolatry of ICT gadgets such as the PDA, BlackBerry, mobile phone, has serious consequences, especially when ‘online' behavior begins to interfere with an ‘offline' life. † (Claburn) Vesile Oktan revealed in another report on the effects that Internet dependence had on students at the Karadeniz Technical University in Turkey on their ability to cope and control emotions. While his findings did indicate that Internet addiction was a reliable predictor in poor emotions management, he also point out previous studies that supported this such as young people with virtual gaming addictions had low self-control and discipline. He went on to discuss how this addiction could be a behavioral pattern that compensated, however inadequately, for failures in life (Oktan 3-5). A very similar examination from Greece only showed consistency; when comparing a younger demographic (ages 12-18) to their respective parents over the course of two years, it was found that without preventative initiative Internet addiction grew in the children. The biggest predictor variable for this addiction was parental bonding rather than actual security as many parents underestimated their children's involvement (Siomos). These two reports show a consistent connection between how people interact outside the digital world and how they both are affected and effect how one develops uncontrollable cravings. What the spectacular resources the Internet has to offer surely can't be refuted as invaluable. The ability to quickly and effectively communicate with each other over vast distances and almost instantaneously is a recent luxury that we at times take for granted. The use of the Internet and its many outlets does make for a good distraction in much of the same way Dunbar made use of the shooting range in Catch-22 even though he detested actually doing target practice. Unfortunately, in this situation, what we can take for granted also has its capacity to consume and entrap us with its ease of access and being easily relatible unlike standard social situations when offline where one has to make compromises (Young 5). Many experts would rather not classify this issue as an actual addiction, citing that it is more of a means to an end such as how gambling addicts will switch to the Internet poker rooms when they can no longer get their fix from actual casinos or vice versa (Ritchie). I firmly believe that this is a real problem in society that will eventually prevent many people from achieving success as this continues to monopolize their time, effort, and mental processes. I would almost go as far to say that I have my own difficulties with this; case and point: I would readily say that this essay would have been completed in a timely manner if it had not been of the constant distraction from reality that the Internet provides. I will conclude with an anecdote that very clearly displays where many undiagnosed individuals are going if this issue is not given proper attention. I challenge you to read this and reflect on other well researched and described addictions such as with alcohol, gambling, and sexual activity. Then I pose to you a question: if we are dealing with a very similar problem with a medium that is as vast as it is accessible, long could a life take when it's going away? â€Å"When Johnny's grandmother died unexpectedly, the family was devastated. Fifteen-year-old Johnny seemed to be coping well, but would continue to spend at least six hours a day playing online role-play game [sic] World of Warcraft; sometimes up to 10 hours at the weekend. It was not until months later, after he had cut down on his gaming, that the impact of the death really hit home. Johnny went to visit his grandfather and was horrified to relearn that his grandmother had gone and would not be coming back. â€Å"He did acknowledge it, but was so immersed in World of Warcraft at the time that when he got off the game, he was shocked and very upset that she wasn't there, says Dr. Richard Graham, a consultant child and adolescent psychiatrist who subsequently treated Johnny for his gaming addiction. â€Å"The time Johnny spent gaming had steadily increased over the years until he was spending every available hour on his Xbox. He completely lost all interest in school and his grades inevitably suffered. It was only after a couple of months of treatment that Johnny started to re-engage with the people around him. ‘That emotional impact had been frozen in time,' says Dr Graham. ‘Even when there was a death in the family, something as crucial as mourning didn't take place.'† (Ritchie)

Health And Safety Challenges For Mining Companies Environmental Sciences Essay

Outline some of the cardinal wellness and safety challenges that is faced by a excavation company you are familiar with. The industry has experienced both high effect low frequence events ( catastrophes such as Moura and Gretley ) every bit good as low frequence high events ( such as faux pass, strains and falls ) contribute to the industry ‘s high lost clip hurt rate ( LTIR ) . It has besides had its portion of occupational diseases. Historically, pneumonocosis ( lung disease caused by inspiration of mineral dust ) , asbestosis and mesothelioma have been cardinal countries of concern. Noise, quiver and weariness are issues of important wellness concerns. The direction and control of major jeopardies associated with structural prostrations, fires and detonations are cardinal safety issues of the twenty-four hours.Moura:During the past 40 old ages at that place have been three mining catastrophes in the Moura territory at a cost of 36 lives. The first occurred at Kianga Mine on 20 September 1975. Thirteen mineworkers died from an detonation which was found to hold been initiated by self-generated burning. The mine was sealed and the organic structures of the work forces were ne'er recovered. The 2nd occurred on 16 July 1986 at Moura No 4 Mine when 12 mineworkers died from an detonation idea to hold been initiated by one of two possible beginnings, viz. frictional ignition or a flame safety lamp. The organic structures of the mineworkers, in this instance, were recovered. The tierce of the catastrophes occurred on 7 August 1994 at Moura No 2 Mine. On this juncture eleven mineworkers died as a consequence of an detonation. The mine was sealed and, at this clip, the organic structures have non been recovered. What is the model of the mine safety statute law in your state/country? Since Australia is a federation of provinces, each province sets out its ain Torahs, which include its ain regulative criterions for occupational wellness and safety. At get downing, each province was separate and used the old wellness codifications ( i.e. , statute law ) and criterions from the British system. This system relied to a great extent upon really specific ( i.e. , Numberss based ) system which was easy to implement and simple to understand. However jobs ensured as clip and engineering progressed which led to the wellness and safety reform that began in 1972. The Current Framework for Mine Safety in Australia in 3 ways: Regulations under a general OHS Act ( VIC/SA/TAS/NT ) In separate Mine Safety Acts and Regulations ( WA/QLD ) In separate mine Safety Act and Regulations Subordinate to a general OHS Act ( NSW ) Since Victoria is my province, the undermentioned legalization will be used under 3 chief classs given as below. Dangerous Goods Act Environment Protection ACT Occupational Health and Safety Regulations As per Occupational Health and Safety Regulations: Occupational Health and Safety Act 2004. Act No. 107/2004: Enabling act. Sets out the cardinal rules, responsibilities and rights in relation to occupational wellness and safety ( OHS ) . Occupational Health and Safety Regulations 2007, Statutory Rule No. 54/2007: Specifies the manner in which a responsibility imposed by the OHS Act must be performed, or prescribe procedural or administrative affairs to back up the OHS Act ( eg requiring licenses for specific activities, the maintaining of records or giving notice ) . WorkSafe Positions: Are guidelines made under subdivision 12 of the OHS Act that province how WorkSafe will use the OHS Act or Regulations or exert discretion under a proviso of the OHS Act or Regulations. WorkSafe Positions are intended to supply certainty to duty holders and other affected parties As per Environment Protection ACT: Version No. 171, Environment Protection Act 1970, No. 8056 of 1970, Version integrating amendments as at 1 January 2010. This sets out the cardinal rules, responsibilities and rights in relation to Environment Protection Act. As per Dangerous Goods Act: This sets out the cardinal rules, responsibilities and rights in relation to Dangerous Goods Act. But here separately they all made for single classs as mentioned. Version No. 081 Dangerous Goods Act 1985 No. 10189 of 1985 Version integrating amendments as at 1 January 2010 Version No. 003 Dangerous Goods ( HCDG ) Regulations 2005 S.R. No. 96/2005 Version as at 14 March 2008 Version No. 005 Dangerous Goods ( Storage and Handling ) Regulations 2000 S.R. No. 127/2000 Version integrating amendments as at 1 January 2009 Version No. 001 Dangerous Goods ( Transport by Road or Rail ) Regulations 2008 S.R. No. 166/2008 Version as at 1 January 2009 Version No. 013 Dangerous Goods ( Explosives ) Regulations 2000 S.R. No. 61/2000 Version integrating amendments as at 1 January 2009 Robens suggested two cardinal issues were of import in accomplishing high criterions of safety. What are these two key issue? Where in the Act ( or ordinance ) are these two issues addressed in the mine safety statute law of your state/country? In 1972, the British Robens study sought to modify the old codifications of pattern utilizing two base principals. The first rule recognised the demand to unite all the difference OHS Torahs under one system. It was proposed that this would be accomplished by making â€Å" general responsibilities † into one opinion ( Robens Report, para 41 ) . The 2nd rule observed that a ego ordinance theoretical account be implemented where workers and decision makers ‘come together ‘ in order addition the criterions of wellness and safety ( Robens Report, para 41 ) . The Federal Government in 1985 passed statute law to organize the so National Occupational Health and Safety Commission ( NOHSC ) ; though, because Australia is a federation, each state/territory has to sign federal statute law in order to for the committee ( NOHSC ) to be apart of the Commonwealth and hence have any legal evidences. Each province reformed OHS Torahs, based on the Robens theoretical account and beyond. In fact, the OHS operates in a three manner system. The first is the general responsibilities which cover all employees irrespective of occupation position ( Internet Explorer, contracted or non ) and require the employee as practically possible to guarantee a safe working environment. The 2nd are the â€Å" commissariats in ordinances † are compulsory Torahs that are specific to each province. Finally, codifications of pattern are used as counsel which set the criterions for the general responsibility of attention. These aid in puting criterions the responsibility holder is required to place the jeopardies and buttocks and control hazards and hence helps Robens 2nd rule nevertheless there remains some critical spreads. What is the chief end of industrial hygiene? List the four key processes that play a function in accomplishing this end. Main end of Industrial hygiene is risk decrease and/or hazard riddance wherever possible. Anticipation Recognition Evaluation Control of workplace environmental jeopardies Specify the undermentioned footings Hazard Hazard Hazard direction Hazard Appraisal Probability Frequency Badness Dose TLV-TWA TLV-STEL Hazard: A jeopardy is any ‘thing ‘ that may do injury or hurt to a individual or belongings. Besides this is the potency of any agent or substances to do injury, normally ill-health or disease. Hazard: The hazard tells how likely an accident ( An accident is any unexpected or unintended event that may do injury or hurt to a individual or belongings ) will do injury or hurt to a individual or belongings. Hazard is a map of the type of jeopardy times the sum of exposure ( Risk = Hazard x Exposure ) Hazards direction: The procedure of ordaining general responsibilities of attention in order to extinguish, replacement, or cut down the likeliness of an accident ( i.e. hazard ) through technology or administrative solutions, or through using personal protection equipment ( PPE ) . Hazard Appraisal: Hazard Assessment is the procedure by which a particular hazard is quantified or qualified in order to understand how to pull off a specific jeopardy. It is based upon the consequence that a specific jeopardy may hold, the magnitude of the jeopardy ( I, e, how terrible it may be ) , and the continuance that the jeopardy may impact a individual or belongings. The hazard appraisal helps determine how a jeopardy may be managed and how a hazard may be controlled. Probability: the likeliness for an event to happen. One of the factors that serves as the dependent variable for hazard ( I.e. Risk=Probability * Severity ) or It is a manner of showing cognition or belief that an event will happen or has occurred. In mathematics the construct has been given an exact significance in chance theory, that is used extensively in such countries of survey as mathematics, statistics, finance, gaming, scientific discipline, and doctrine to pull decisions about the likeliness of possible events and the implicit in mechanics of complex systems. Frequency: Frequency is the rate at which a individual may come into contact with a jeopardy over a defined length of clip. Or The figure of times that a periodic map repeats the same sequence of values during a unit fluctuation of the independent variable Badness: Badness is the magnitude, or strength, with which a risky substance is exposed to a individual. It is the dimension for sorting earnestness for Technical support issues. Dose: Is the sum of the jeopardy which we are exposed. It is defined by the concentration of the risky substance times the length of clip a individual is exposed. Dose is the construct of dosage is paramount for occupational hygiene and hazard direction. Dose refers to the sum of a substance to which we are exposed, and is a combination of the concentration of exposure and continuance of exposure. Dose= concentration*duration of exposure TLV-TWA: TLV values by and large refer to a national exposure criterion for a jeopardy ( i.e. chemical, dust, or radiation ) . It is a agency of quantifying the maximal concentrations of a peculiar substance in an country over a specified length of clip, and so using it as a criterion for wellness and safety inspectors and responsibility bearers to utilize as a manner of measuring hazard. TWA is an acronym for clip leaden norm. In this instance, the continuance of contaminant exposure is expressed over an eight hr working twenty-four hours and a five twenty-four hours working hebdomad. In this manner, this exposure criterion incorporates the upper limit and minimal exposure rates a individual experiences during a regular on the job twenty-four hours. The accent of an exposure free clip is implicitly involved ( as would be the instance for noise ) so that certain organic structure thresholds are non passed. TLV-STEL: STEL is an acronym for short term exposure bound. For some substances, a short term exposure criterion is needed since ague and chronic wellness affects may ensue. Alternatively of an eight hr twenty-four hours, this exposure criterion is step over no more than 15 proceedingss. What are the chief airborne contaminants/pollutants that can do health-related jobs at mine sites? The Dust and particulates ( arsenic, lead, quicksilver and etc ) ; The Toxic gases ( C monoxide, sulfur dioxide and etc ) ; The Carcinogens ( asbestos, aromatic hydrocarbons, and etc ) ; The Flammable gases ( methane and C dioxide and etc ) ; The Radiation toxicant ( radon, U, Th and etc ) ; The Mixture of viruses and bacteriums. For a peculiar legal legal power ( state/country ) what are the legal demands for the concentration of the followers in the general organic structure of airing air flow ( maximal or lower limit ) ? Harmonizing to the HSIS Oxygen Pure O: no limitations Oxygen diflouride: TWA=.05 ppm Methane ( as a gas ) Pure methane: TWA=0, STEL=0 Bromomethane: 5ppm STEL=0 Carbon dioxide In coal mines: TWA= 12,500 ppm STEL= 30000 ppm Regular: TWA= 5000 ppm STEL= 30,000 ppm Carbon monoxide: TWA= 30 ppm STEL=0 Hydrogen sulfide: TWA= 10 ppm STEL= 15ppm Respirable dust ( no silicon oxide ) Coal Dust: TWA = 3 mg/ M3 STEL=0 Soapstone: TWA = 3 mg/ M3 STEL=0 Vanadium: TWA = 0.05 mg/ M3 STEL=0 Graphite: TWA = 3 mg/ M3 STEL=0 Respirable dust ( with silicon oxide ) : TWA= 2 mg/m3 Oxides of Nitrogen: Nitrogen Triflouride: TWA= 10 ppm STEL=0 Azotic Oxide: TWA= 25 ppm STEL=0 Azotic Oxide: TWA=25 ppm STEL=0 Nitrogen dioxide: TWA= 3ppm STEL=0 Nitrogen tetroxide: TWA= 0 STEL=0 Define Dust, list and briefly describe the general preventive steps, which can be used to command or forestall exposure to high dust exposures. Dust caused by the mechanical decomposition of stuff can be defined as a aggregation of solid atoms which: Are dispersed in a gaseous medium ( normally air ) Are able to stay suspended in the air for a comparatively long clip Have a high surface country to volume ratio. So briefly, over the full scope of airborne stuffs, dust by and large has the largest atom size although it can exhibit a broad particulate scope. In general, dust can be defined an merger of assorted particulates ( solid affair ) that can divide and stay in suspension in air. Dust is by and large caused by mechanical weathering through, in the instance of mines, the usage of really big machines ( drills and crushers ) and blasts. Dust can either present an immediate jeopardy ( I, e, oculus annoyance ) or long term wellness effects ( radioactive atoms that stick to respirable dust which are later inhaled ) . Whether the effects are long term or short term, there are a figure of ways that duty callings can command or even extinguish dust. Preventive steps ( Elimination ) : This is the best manner among all. This includes irrigating to cut down dust formation when film editing and boring ; guaranting that cutting equipment is crisp, and utilizing oils to transport mine cuts to an enclosed country. Under these conditions, â€Å" the agencies of control † is through riddance. A concluding piece of equipment is a unsighted hole bore bit which traps the dust generated through an enclosure. Ventilation ( Engineering ) : This is an technology agencies of control dust through a proper airing system. Here the air must be able to be strong plenty to pick up the heavy dust atoms to cut down the sum of dust concentrating in the air or on the land. Dust extraction and filtration systems that pump in the ‘dusty ‘ air, filter out the atoms and so throw out ‘cleaner ‘ air. Removal of employees ( Administrative ) : This is an administrative attack where the employees are fundamentally removed from the jeopardy thereby extinguishing exposure. This is frequently non really practical, particularly in medium/small operations, or in rural operations where all employees are needed, or working rotary motion is non an option. Use of inhalator ( PPE ) : This is the least manner control nevertheless we have no other option. Here a worker uses a inhalator in order to filtrate out the dust, thereby understating hazard by cut downing exposure. However, many inhalators can be excessively heavy or cumbrous to cover with, particularly belowground. Discuss how methane is generated in mines. What are the cardinal hazards associated with methane, and how can the hazards be managed? Methane coevals in mines: This is produced by bacterial and chemical action on organic stuff and is evolved during both the formation of coal and crude oil. One of the most common strata gases. It is non toxic but is unsafe as it can organize an explosive mixture with air. A methane/air mixture normally called firedamp. Methane is normally associated with coal mines but it is besides normally found in other mines which are over or underlain by carbonous formations. Methane is retained within breaks, nothingnesss and pores within stone either as a tight gas or adsorbed on mineral surfaces. When mining disturbs the stone the gas force per unit area gradient set up between the reservoir of methane and the airing system induces flow of methane along natural or excavation induced breaks towards the gap. Key Hazard: Methane has no smell, but it is frequently accompanied by hints of heavier hydrocarbons in the paraffin series, which have a characteristic oily odor. The denseness of methane is a small over half that of air. This gives rise to the danger of methane layering in pools along the roof of belowground gaps. The perkiness of methane can besides do jobs in inclined workings. Methane Burnss in air with a pale blue fire. The explosible scope for methane in air is by and large quoted as 5-15 % with maximal explosibility at 9.8 % . The lower bound remains reasonably changeless, the upper bound reduces as the O content of air falls. To track the flammability of methane air mixtures a coward diagram as shown in figure 2 can be used. With relation to calculate 1: coward Figure 1: The coward diagram for methane in air. In zone A the mixture is non flammable but is likely to go so if farther methane is added. In zone B the mixture is explosive and has a lower limit nose value at 12.2 % O Zones C and D illustrate mixtures that may be in certain countries. Methane beds have two chief jeopardies associated with them: Layers extend the zones within which ignitions can happen When an ignition occurs the methane bed acts as an effectual fuse along which the fire can propagate, sometimes taking to much larger accretions in roof pits or in the mariner. Methane and Carbon dioxide ( mixtures of the two gases ) if mixed with N will do the dangers atmosphere. Because this associated with gas effusions are: Suffocation of mineworkers by gas and dust. Compressed air line of lifes may be maintained on or shut to faces that are prone to effusions. The force of the effusion may damage equipment, doing triping that may light the extremely flammable gas/dust mixture. The sudden enlargement of a big volume of gas can interrupt the airing system of the mine. To command and Manage: To command and pull off the hazard of Methane, foremost of all demand to cognize the beginnings and nature of methane, and how the methane is let go ofing and migrating. And so apprehension of hazards can easy take to larn of the methane hazard direction. The major systems as follows, In its of course happening province in a coal seam, firedamp does non represent an explosive hazard. However, where firedamp released from next seams meets â€Å" fresh-air † in the goaf, the firedamp is diluted and explosive mixtures ( around 5 % to 15 % methane in air ) are formed. Effective firedamp control is indispensable for safe working and involves supplying either: Face-End Ventilation and Gas Control: good designed Ventilation flow avoid the hazard of methane gas. Firedamp Drainage on Retreat Longwalls: Firedamp gaining control efficiencies on longwall faces typically lie between 60 % and 80 % of the entire gas on progressing faces and from 30 % to 60 % of the entire gas on retreat faces. Options and Addendums to Firedamp Drain: There are airing options applicable to some retreat longwall coalfaces which can rid of the demand for dearly-won firedamp drainage. Such methods ( eg. hemophiliac roads and sewer gate systems ) are aimed at deviating gas off from working coalfaces along paths separate from those used to serve the face. Goaf Flushing: Goaf flushing has been used for temporarily betterment of firedamp concentrations in a territory return but it is non a recommended gas control solution. The method is by and large applied to a fully-developed goaf ( Internet Explorer. where sufficient goaf has been created to organize a significant gas reservoir ) . The airing force per unit area across a territory is reduced, after work forces have been withdrawn, leting high gas concentration gas to migrate frontward into the return airway. Transport activities in the chief return may hold to be suspended. Finally, the equilibrium between gas flow into the waste and gas flow into the return is restored, the gas concentration in the territory return being at a higher concentration than earlier due to the reduced air measure. On reconstructing the original air flow, the gas is forced into the goaf, off from the face, therefore cut downing the emanation into the return until equilibrium conditions are one time once mor e obtained. This attack is non advised due to the uncontrolled release of elevated firedamp concentrations into air passages and across electrical equipment. Methane Drain: To bring forth gaseous fuel and/or to cut down methane emanations in to airing system its been used. Methane that is drained demands to be transported safely to the point of bringing, the substructure that is required to accomplish this consists of the followers: Pipe ranges, Proctors, Safety devices, Controls, Extractor pumps Other than all above mentioned, in single states they are following up regulations and ordinances to command and pull off the hazard of Methane. Here is an illustration UK statute law provinces, Electrical power must be switched off when the general organic structure concentration of methane exceeds 1.25 % . If methane concentration exceeds 2 % forces other than those associated with bettering the airing in the country should go forth the country. Discuss the beginnings and hazards associated with arsenic, quicksilver and nitriles. How can the hazards be managed? quicksilver Beginnings: Natural beginnings: Vents Volatilization from oceans Erosion of natural sedimentations Human Activities: Estimated to be 1/3-2/3 of the entire quicksilver released into the environment. Beginnings include: Stack losingss from cinnabar roasting The working and smelting of metals Coal fired power workss Discharges from mines, refineries and mills Combustion of coal and municipal wastes, industrial wastes and boilers Medical waste incinerators Pesticides Overflow from landfills/croplands quicksilver Hazards: Continuity: Can alter signifier, Can non be destroyed Solubility: Cinnabar ( HgS ) is indissoluble ( and resists enduring ) ; Liquid Hg is somewhat soluble in H2O. Bioaccumulation: Hg methylation signifiers CH3Hg+ which is easy absorbed by beings and biomagnifies from the underside to the top of the nutrient concatenation Bioaccumulates ( dressed ores ) in musculus and tissue of fish and other wildlife CH3Hg+ by and large increases by a factor of 10 or less with each measure up the nutrient concatenation Arsenic Beginnings: Arsenopyrite ( FeAsS ) is the most common arsenic mineral in ores and is besides a by-product associated with Cu, gold, Ag, and lead/zinc excavation. Arsenic trioxide ( Fe2As3 ) is present in flue gases from Cu ore roasting coal-burning power workss and incinerators besides may let go of As into ambiance. Water: mean concentration is 1 ppb, but can be & gt ; 1,000 ppb in mining countries ; As+5 most prevailing ; many compounds dissolve in H2O. Arsenic Hazards: Arsenic is a human carcinogen In worlds the primary mark variety meats are the tegument and vascular system birds, animate beings, workss, and freshwater fish can go contaminated Toxicity in H2O is determined by H2O temperature, pH, organic content, phosphate concentration, suspended dirts, presence of oxidizers, and speciation Nitriles Beginnings: Can leach from landfills and cyanide-containing route salts every bit good as to the ambiance from auto fumes ( hydrogen nitrile gas – HCN ) . Some nutrients ( Prunus dulciss and lima beans ) contain nitriles of course It can be produced by some bacteriums, Fungis, and algae Spills: Cyanide and other heavy metal pollutants overflowed a dike at Baia Mare, Romania, polluting 250 stat mis of rivers, and killing 1000000s of fish Most persistent in groundwater & A ; at higher pH Nitriles Hazards Oral lethal dosage of KCN for an grownup is 200 milligram Airborne concentrations of 270 ppm is fatal Long term exposure to lower degrees consequences in bosom strivings, take a breathing troubles, purging, blood alterations, concerns and thyroid secretory organ expansion CN does non bio-accumulate in fish Cyanide hazard Control Methods: Production: Encourage responsible nitrile fabrication by buying from makers who operate in a safe and environmentally protective mode. Transportation system: Protect communities and the environment during cyanide conveyance. Managing and Storage: Protect workers and the environment during nitrile handling and storage. Operationss: Manage cyanide procedure solutions and waste watercourses to protect human wellness and the environment. Decommissioning: Protect communities and the environment from nitrile through development and execution of decommissioning programs for nitrile installations. Worker Safety: Protect workers ‘ wellness and safety from exposure to cyanide Emergency Response: Protect communities and the environment through the development of exigency response schemes and capablenesss. Training: Train workers and exigency response forces to pull off nitrile in a safe and environmentally protective mode. Daily review of leach residue storage pools and shadowings bringing grapevines ; Incident coverage and a system of exigency processs ; Systems for informations recording, rating, reading and coverage ; Procedure technician preparation and consciousness of possible nitrile related jobs, including personal safety and impacts on the environing natural environment ; systematic records direction and certification of carnal mortalities ; Integrating cyanide direction processs into the site Environmental Management Plan which is presently being updated. Arsenic and quicksilver hazard control methods: The above mentioned methods are suited to follow Arsenic and quicksilver every bit good. However in practical universe, it depends upon the harmness, will change to importances of handling. Specify the intent of airing in belowground mines. What types of airings systems are common? The intent for airing in mines is to thin assorted signifiers of gases. These gases could be either a chemical jeopardy ( as in carbon-monoxide and dust ) or explosive physical jeopardies such as methane accretion along the roofs of mine shafts. Ventilation systems frequently come in the signifier of, fans which control air flow arrests and seals will seal escapes in peculiar to older mines Doors and air locks Regulators which is a door with an appropriate transition to keep air force per unit area gradients Aircrossings which allow suction and blowing airing systems to easy by base on balls one another and non let for cross taint Electrical power is normally employed in mines, what work patterns would you specify for the care of electrical equipment? Always to be Maintained, reviewed and modified mine power supply systems. Make certain Consistently inspect machineraries and carry out trials for mistakes and jeopardies Make certain ever the electrical equipment is decently viewed, so that arrange some visible radiations near electrical equipment in belowground mines to guarantee to be seeable. Make certain while Create processs to guarantee noise and electrical jeopardies ; over electromotive forces, current ordinance, noise degree decreases etc. , are maintained to allow legislative criterions. Without excessively much emphasis, seek to supply machinery that can be moved easy that are besides within legislative demands and can provide equal electricity Create an alternate power supply beginning in instance of machinery dislocation which allows to make care activities. For the speedy designation, install proper mine overseas telegrams with appropriate coloring materials coding system. And following safety regulations and ordinances besides makes the good work patterns for the care of electrical equipment. Failure to exert cautiousness may ensue in hurt, so cautiousness must be used when runing or mending electrical equipment When executing electrical work, ever use the proper protective equipment, such as: safety spectacless, protective baseball mitts, and a decently rated metre. State ordinances, Australian Standards and company policies are designed to guard against electrical jeopardies in the excavation industry. So following up those are really indispensable Wet conditions may eat metal electrical constituents and do their failure. Falling stone may damage an electrical overseas telegram or constituent. So need to avoid those sort of unsafe conditions before put ining at specific topographic points or demand to take attention to avoid those jobs. Exercise cautiousness to be used to utilize proper protective equipment when working with batteries. Because batteries could detonate and do hurt or could light and do fires. All have to be cognizant and particularly all electrician decently trained to Be watchful and knowing of the jeopardies of electricity. Make certain ever maintaining attitude tono electrical work can be performed until the electrical circuit is knocked, locked, and tagged. Always make certain the frame land is decently connected. No electrical work shall be performed except by a qualified individual. Circuit surfs and gulfs shall be marked for designation. Circuit interrupting devices or proper fuses, shall be installed to protect against short circuit and overloads. Unpluging devices shall be locked and tagged out. All electrical equipment shall be examined, tested, decently maintained, and consequences recorded as required Your mine employs grapevines to convey the followers: Compressed air Service H2O Methane Run of mine drainage H2O How would you guarantee that each grapevine can be readily identified by a speedy ocular review? Coloring the pipes with different sort of colorss may give solution to this instance. Examples: Blue coloring material for service H2O Red coloring material for Compressed air Green coloring material for Methane Yellow coloring material for mine drainage H2O This manner each pipe is easy visualised in the mine. A mark that demarcates the coloring material coding system will besides be necessary to clear up the coloring material cryptography system. Distinguish, with the usage of illustrations, the difference between major, chronic and minor incidents. What are the legal demands for describing these different types of incidents in your legal power? Incident is a happening of an event that has a non human component to it ( unlike accidents ) . Major incidents: Are sudden alterations which are dramatic, necessitate immediate responses, and are by and large dearly-won and a figure of human deaths. An illustration is methane gas effusions in belowground coal mines. Examples: Major fire, detonation Fatality Structural prostration Major equipment harm Major loss of production Typically cost 1000000s of moneys Chronic Incidents: Are events that result in an hurt ; is related to a figure of causes, and have effects that are lower in magnitude and strength than major incidents. Sometimes these events may do change in the normal processs in mines. Examples: Recuring quality divergence. Recuring equipment failure. System corrosion/erosion. Fleeting emanations. Slips, trips and falls. Minor Incidents: Or near miss incidents which do non involved in any loss or hurt but if a different event occurred, could do hurt or injury. When these incidents happened, the legal demand is 5 stairss: 1. Reporting 2. Gathering the Facts 3. Determine Cause ( s ) 4. Develop and Implement Corrective Action 5. Monitor and Review Discuss four theories of accident causing. Domino theory: It is developed by Herbert Hinrich ( Travelers Insurance Co ) in 1920.Says that hurts occur from actions that interact. The hurts are caused by insecure Acts of the Apostless by workers and are by and large preventable given proper safety preparation. It includes: Injuries arise from a set of complete actions Most hurts arise from insecure Acts of the Apostless Accidents are mostly preventable Insecure Acts of the Apostless can hold ulterior effects vs immediate Management should take control Harmonizing to Heinrich, five factors can take up to an accident: Lineage and societal environment Mistake of a individual Insecure mechanical or physical state of affairss The accident itself ( falls, being hit ) Injury: Typically lacerations and breaks Under this rubric, direction should take control and supply safety to workers. Human Factors Theory: Accidents are caused by human mistake under three chief factors: Overload ( instability in a individuals capacity ) Inappropriate Response: How a individual responds to a state of affairs Inappropriate Activity: Human mistake in judgement, action, way, etc. ) Accident and Incident Theory: Asper this theory, the environment is a cause alternatively of human mistake. The design and excessively high of outlook in work end product are the causes of accidents. Therefore, there is an indirect influence of direction and economic factors ( deadlines, agenda, budget, peer force per unit area etc. ) that can take to bad judgement and therefore accidents. The Accident and Incident Theory proposes a causal relationship exists between direction clime and focal point, and accident causing. Epidemiologic Theory: Accidents are caused by a ) sensitivity features ( cultural, physical charecteristics, societal norms ) B ) Situational characterisitics ( unequal preparation, small counsel, or direction â€Å" clime † ) . Under this theory there is a causing nexus between the environment and societal or mental factors. The Epidemiology theory holds that theoretical accounts used for survey and finding of disease can be utilized for accident causing as good ( a ) What is occupational hearing loss? A signifier of hearing loss due to the disfunction of the auditory nervus, ( i.e. hearing loss ) that is caused by the overexposure to noise degrees of high strength ) . This is besides called acoustic injury hearing loss Specify the footings frequence, strength, dubnium, dubnium ( A ) Frequency: The rate at which sound atoms vibrate through an elastic medium that the ear can comprehend as ‘sound ‘ . Frequency = Cycles per Second = Hertz = Hz 1000 Hz = 1 Kilohertz = 1 kilohertz = Human Voice Intensity: Intensity is the sum of energy going through a unit volume of air during a certain timeframe. dubnium: The dB ( dubnium ) is a logarithmic unit that indicates the ratio of a physical measure ( normally power or strength ) relation to a specified or implied mention degree. Amplitude = Loudness = Decibels = dubnium 60 dB = Average Speaking Voice dubnium ( A ) : It is the frequence response curve which is resembles the normal frequence hearing curve for most people. A metre utilizing this web will give a consequence which does hold some resemblance in degree to that degree which is experienced by most people The other manner we can state that, Noise is measured in dBs ( dubnium ) at a certain graduated table, such as A or C. The dB graduated table is logarithmic. That means, with a 5dB exchange rate, 95 dubnium is 100 % more noise than 90 dubnium. Specify the term Daily Noise Dose ; what factors influence this? Daily Noise Dose: The Daily Noise is an exposure criterion that measures the grade a individual working is able to be exposed to resound. Worksafe states that a degree of 85 dubnium ( S ) ( ie not additive criterion ) over 8 hr twenty-four hours ( much like the clip weight norm ( TWA ) exposure standard ) should non be breached, nor a peak degree of 140 dubniums at any specific clip should non be breached ( much like the TLV-STEL ) . If exposure to resound is to happen above these degrees a step of control upon noise is required. Harmonizing the National Institute for Occupational Safety – NIOSH – the day-to-day dosage degree – D – should non be or transcend 100. When the day-to-day noise exposure consists of periods of different noise degrees, the day-to-day dosage can be calculated as: D = ( te1 / td1 + te2 / td2 + †¦ + ten / tdn ) 100 % A A A A A A A A A ( 1 ) where D = day-to-day noise exposure ( % ) Te = exposure clip at a specified noise degree td = maximal continuance clip at a specified noise degree The day-to-day dosage can be converted to an 8-hr Time-Weighted Average -TWA by the expression TWA = 10 log ( D / 100 ) + 85A A A A A A A A ( 2 )

Alternative Dispute Resolution Mechanism

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