|
Mediation In Australia
Mediation in Australia, as a form of mediation, involves understanding the role that culture plays in the multi-cultural society of Australia. Cultural differences often exist due to race and ethnicity, but can also arise from religion, gender, age, sexual orientation and disabilities. Major concerns in cross-cultural dispute resolution include perceived power imbalance—often escalated by communication difficulties, misconceptions, negotiation behaviour, face-saving and the publicity surrounding the dispute. Native title mediation Native title in Australia has frequently given rise to mediation. If a mediator lacks cultural literacy across different cultures or awareness of parties having difficulties during the mediation due to differences in culture, then the mediator's lack of understanding or misunderstanding could cause a breakdown in the negotiation-process. Cultural awareness ensures that mediators can adapt their skills and techniques to ensure that they can ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mediation
Mediation is a structured, interactive process where an impartial third party neutral assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that she/he manages the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"), while refraining from providing prescriptive advice to the parties (e.g., "You should do..."). Mediation, as used in law, is a form of alternative dispute resolution resolving disputes between two o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Standard Of Care
In tort law, the standard of care is the only degree of prudence and caution required of an individual who is under a duty of care. The requirements of the standard are closely dependent on circumstances. Whether the standard of care has been breached is determined by the trier of fact, and is usually phrased in terms of the reasonable person; this is sometimes labeled as the "reasonable physician standard." It was famously described in '' Vaughn v. Menlove'' (1837) as whether the individual "proceed dwith such reasonable caution as a prudent man would have exercised under such circumstances". Professional standard of care In certain industries and professions, the standard of care is determined by the standard that would be exercised by the reasonably prudent manufacturer of a product, or the reasonably prudent professional in that line of work. Such a test (known as the "Bolam Test") was used to determine whether a doctor was liable for medical malpractice before the 2015 UK ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mandatory
Mandate most often refers to: * League of Nations mandates, quasi-colonial territories established under Article 22 of the Covenant of the League of Nations, 28 June 1919 * Mandate (politics) In representative democracies, a mandate (or seat) is the authority granted by a constituency to act as its representative. Elections, especially ones with a large margin of victory, are often said to give the newly elected government or elect ..., the power granted by an electorate Mandate may also refer to: * Mandate (after shave), British after shave brand * Mandate (criminal law), an official or authoritative command; an order or injunction * Mandate (international law), an obligation handed down by an inter-governmental body * Mandate (magazine), ''Mandate'' (magazine), a monthly gay pornographic magazine * Mandate (trade union), a trade union in Ireland * , various ships of Britain's navy * Mandate (typeface), a brash-brush typeface designed by R. Hunter Middleton * The formal not ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a ''weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the wer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dreaming (story)
In Australian Aboriginal art, a Dreaming is a totemistic design or artwork, which can be owned by a tribal group or individual. This usage of anthropologist W. E. H. Stanner's term was popularised by Geoffrey Bardon in the context of the Papunya Tula artist collective he established in the 1970s. Terminology "Dreamtime" or "Dreaming" is commonly used as a term for the animist creation narrative of Aboriginal Australians for a personal, or group, creation and for what may be understood as the "timeless time" of formative creation and perpetual creating. In addition, the term applies to places and localities on indigenous Australian traditional land (and throughout non-traditional Australia) where the uncreated creation spirits and totemic ancestors, or '' genii loci'', reside. The term was coined by W. E. H. Stanner in 1956, and popularized from the 1960s. based on the description of indigenous Australian mythology by Lucien Levy-Bruhl (''La Mythologie Primitive'', 1935). ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Traditions
A tradition is a belief or behavior (folk custom) passed down within a group or society with symbolic meaning or special significance with origins in the past. A component of cultural expressions and folklore, common examples include holidays or impractical but socially meaningful clothes (like lawyers' wigs or military officers' spurs), but the idea has also been applied to social norms such as greetings. Traditions can persist and evolve for thousands of years—the word ''tradition'' itself derives from the Latin ''tradere'' literally meaning to transmit, to hand over, to give for safekeeping. While it is commonly assumed that traditions have an ancient history, many traditions have been invented on purpose, whether that be political or cultural, over short periods of time. Various academic disciplines also use the word in a variety of ways. The phrase "according to tradition", or "by tradition", usually means that whatever information follows is known only by oral tradition, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Genealogies
Genealogy () is the study of families, family history, and the tracing of their lineages. Genealogists use oral interviews, historical records, genetic analysis, and other records to obtain information about a family and to demonstrate kinship and pedigrees of its members. The results are often displayed in charts or written as narratives. The field of family history is broader than genealogy, and covers not just lineage but also family and community history and biography. The record of genealogical work may be presented as a "genealogy", a "family history", or a "family tree". In the narrow sense, a "genealogy" or a "family tree" traces the descendants of one person, whereas a "family history" traces the ancestors of one person, but the terms are often used interchangeably. A family history may include additional biographical information, family traditions, and the like. The pursuit of family history and origins tends to be shaped by several motives, including the desire t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Torres Strait Islanders
Torres Strait Islanders () are the Indigenous Melanesian people of the Torres Strait Islands, which are part of the state of Queensland, Australia. Ethnically distinct from the Aboriginal people of the rest of Australia, they are often grouped with them as Indigenous Australians. Today there are many more Torres Strait Islander people living in mainland Australia (nearly 28,000) than on the Islands (about 4,500). There are five distinct peoples within broader designation of Torres Strait Islander people, based partly on geographical and cultural divisions. There are two main Indigenous language groups, Kalaw Lagaw Ya and Meriam Mir. Torres Strait Creole is also widely spoken, as a language of trade and commerce. The core of Island culture is Papuo- Austronesian and the people traditionally a seafaring nation. There is a strong artistic culture, particularly in sculpture, printmaking and mask-making. Demographics In June 1875 a measles epidemic killed about 25% of the popula ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Aborigines
Aboriginal Australians are the various Indigenous peoples of the Australian mainland and many of its islands, such as Tasmania, Fraser Island, Hinchinbrook Island, the Tiwi Islands, and Groote Eylandt, but excluding the Torres Strait Islands. The term Indigenous Australians refers to Aboriginal Australians and Torres Strait Islanders collectively. It is generally used when both groups are included in the topic being addressed. Torres Strait Islanders are ethnically and culturally distinct, despite extensive cultural exchange with some of the Aboriginal groups. The Torres Strait Islands are mostly part of Queensland but have a separate governmental status. Aboriginal Australians comprise many distinct peoples who have developed across Australia for over 50,000 years. These peoples have a broadly shared, though complex, genetic history, but only in the last 200 years have they been defined and started to self-identify as a single group. Australian Aboriginal identity has cha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Spokesperson
A spokesperson, spokesman, or spokeswoman, is someone engaged or elected to speak on behalf of others. Duties and function In the present media-sensitive world, many organizations are increasingly likely to employ professionals who have received formal training in journalism, communications, public relations and public affairs in this role in order to ensure that public announcements are made in the most appropriate fashion and through the most appropriate channels to maximize the impact of favorable messages, and to minimize the impact of unfavorable messages. Celebrity spokespeople such as popular local and national sports stars (such as Michael Jordan for Nike and Coca-Cola) or television and film stars (such as Beyoncé for Pepsi and L'Oreal) are often chosen as spokespeople for commercial advertising. Responsibilities Unlike an individual giving a personal testimonial, it is the job of a spokesperson to faithfully represent and advocate for the organization's positions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Legal systems vary between jurisdictions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawyers
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor, legal executive, or public servant — with each role having different functions and privileges. Working as a lawyer generally involves the practical application of abstract legal theories and knowledge to solve specific problems. Some lawyers also work primarily in advancing the interests of the law and legal profession. Terminology Different legal jurisdictions have different requirements in the determination of who is recognized as being a lawyer. As a result, the meaning of the term "lawyer" may vary from place to place. Some jurisdictions have two types of lawyers, barrister and solicitors, while others fuse the two. A barrister (also known as an advocate or counselor in some jurisdictions) is a lawyer who typically specializes in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
