Saturday, December 28, 2019
The Risks In Finance And The Basel Guidelines Finance Essay - Free Essay Example
Sample details Pages: 11 Words: 3377 Downloads: 8 Date added: 2017/06/26 Category Finance Essay Type Research paper Did you like this example? What is finance? Finance is all about the knowledge of funds management. Simply speaking, to finance something is the same as to fund something. The funds can be in form of loans, bonds, owned capital, shares, etc (anything that can generate funds legally). So in finance, we learn anything that directly or indirectly related to funds management. Whether it is interest rate, time value of money, the calculation of risk, how to measure movement of share price, etc. All of these are related to finance. Direct Finance. Direct finance comprises of every direct transaction on the financial market, transaction with no middleman or agent. For example: Shareholders buy share to fund a company or buy government bonds to finance the government. Another example of direct finance is the internal capital market of multinational organizations. Semi direct Finance: The bank acts like an agent or intermediate party. In return, they receive fee/commission for the transaction. Banks dont take position in the transaction; they strictly serve as a middleman and therefore are free from the risks that the transaction bears. Donââ¬â¢t waste time! Our writers will create an original "The Risks In Finance And The Basel Guidelines Finance Essay" essay for you Create order Indirect Finance In indirect finance, which most people referred to as banking, banks take the direction/initiatives of all of activities. For example they receive money from households and lend it to organizations. Its not the household decision anymore how to use the money (for financing purpose); therefore we call it indirect. For example: Households save their deposit into bank in return of interest and the bank decide to loan the money to others (person, organization, company, etc) at higher interest rate (the difference becomes the banks profit). That way the bank will make a profit. In other case, the bank can choose to enter the stock market or buying bonds of its own choosing, etc in order to generate profit. This is the basic of banking. Many different kinds of risks exposed to the bank. Banks are exposed to many risks such as: Liquidity risk. Liquidity risk means that a given asset cant be sold quickly enough in the market to avoid a loss. This is the case when illiquid assets have to be sold in a short term. This is similar with cash flow insolvency. For example: Properties (hard to sell without incurring a loss at a short period of time). Liquidity risk can also mean that a bank isnt capable of paying her debts at a short term (similar to cash flow insolvency). This is different with balance sheet insolvency (negative net assets, therefore unable to pay). A bank maybe balance sheet solvent but still exposed to liquidity risk if it holds lots of illiquid assets. For example: Northern Rock (a perfect example of bank run). A bank run happens when large number of bank customers withdraw their deposits at the same period of time because of the fear the bank is unable to pay. In Northern Rock case, when the global demand for securitised mortgages droppe d in August 2007, Northern Rock became unable to pay back the loans from the money market with money which should have been raised from securitisation. On 14 September 2007, the bank obtained a liquidity support facility from the Bank of England, to return the funds it was unable to get from the money market. The banks assets were enough to cover its liabilities, but it suffered from liquidity problem. Because of this news, Northern Rock suffered a bank run and needed government intervention to guarantee its customers money. Later on, Northern Rock is nationalized. Credit risk/ counterparty risk/ default risk. It can be defined as any loss in the market value due to different reasons. It means as an investors risk of loss arising from a borrower who fails to make payments as promised. Or, it can also mean the loss because of the difference in firm value/ company value because the bank credit rating (one of the example) collapsed due to something happening within the bank (borr ower fails to pay up, bad management, etc)/ indirectly related to the bank. Market risk. Market risk is the risk that the value of a portfolio, going to decrease because of the change in value of the market risk factors. In case this happens, the bank will occur a loss. The four main factors are stock prices, interest rates, foreign exchange rates, and commodity prices. Therere 4 different kinds of market risk, such as: Equity risk, the risk that stock prices will change. Foreign exchange rate risk, the risk that foreign exchange rates will change. Interest rate risk, the risk that interest rates will change. Commodity prices, the risk that commodity prices will change. Operational risk. Operational risk is the failure of the people of the procedures of the systems. For example the mistyped case (fat finger) or simply known as typo. Example: Buying shares for $500, but instead mistypes it once so it becomes $5000. One of the biggest examples of operatio nal risk is Barings Bank, collapsed in 1995 after its employees, Nick Leeson, lost $1.3 billion speculating primarily on futures contracts and subsequently lost it all. Leeson was able to operate with no supervision from head office because of the banks poor internal auditing and risk management practices. Another type of operational risk is legal risk. In order to operate, the bank must operate based on the government rules and regulation. This is how the legal risk arises. It is a risk that arises when the bank is not in compliance with government regulation and therefore hinders it to enter a transaction or to operate. It includes the time and money wasted for the legal proceedings (or as a result of it, such as opportunity lost, etc) that the bank must endure in case it is accused of illegal conduct (or vice versa). It is one of the greatest challenges for managers to make their bank in compliance with government regulation. It is very difficult to predict the size of legal r isk. Its also very bad for the banks reputation. Settlement risk Settlement risk can be described as the risk that a counterparty fails to deliver a security or its value in cash per agreement when the security was traded after the other counterparty have already delivered security or cash value per the trade agreement. For example: Foreign exchange settlement risk or simply known as Herstatt risk. On 26th June 1974, some banks had undertaken foreign exchange transactions with Herstatt and had already paid Deutsche Mark to the bank during the day, believing they would receive US dollars later the same day in the US from Herstatts US nostro. But at the end of banking day, Herstatts topped all dollar payments to counterparties. As a result, the banks license was withdrawn because of a shortage of income and capital to make up for liabilities that were due. Reputational risk. Reputational risk is a type of risk related to the reliability of company. It may result in lost revenue or damage to shareholder value, ignoring to the fact whether the bank is actually guilty or not. Its about the image of the bank. Therefore, its related to many risks. If the bank is unable to settle its transaction (transaction risk) or have bad operation (operation risk) or making a big loss in financial market because of market risk, they all can damage the banks reputation, etc. Any kind of actions, wrongdoings, news that can have negative impact to the bank (whether its directly or indirectly (such as counterparties or investors bad reputation) related to the bank) can be considered as reputational risk. Therefore, reputational risk is closely related to the other risk. Other risks. There are many other risks that are exposed to the bank but havent been described in the lecture yet, such as systemic risk (risk of the collapse of entire financial system/entire market. Example: Lehman brothers (almost happening)), profit risk, and volatility risk (the risk that ari ses because the likelihood of fluctuations in the exchange rate of currencies). Saving mechanisms. Lender of last resort. Lender of last resort, as the name speaks for itself, is an organization which is willing to lend money to a bank when theres no alternative left. Usually banks want to avoid doing this, because it is damaging to the banks reputation and shows that the bank is in some sort of trouble (like what happen to Northern Rock, once they asked the Bank of England to bail them out, they suffered a bank rush). Most of the time, lender of last resort is the central bank of the country. Deposit insurance system. Every bank has to put a small percentage/portion of every deposit that its customers made in an insurance pool that is used to back up the customers deposit. This is useful when a bank has some liquidity problems, customers dont need to be a scared to lose all their money. But put in mind that the portion is relatively small. Maybe it can cover small banks, but not the big one. Capital adequacy. Banks are obliged to have minimum capital requirements to prevent them from failing. The more capital they have, the safer they are to meet their financial demands and obligations (because capital is their own money and they can use it for their own needs and demands). Bad banks. Bad bank is a term for financial institution that are created to keep the nonperforming assets owned by a state guaranteed bank. Bad banks are legal institutions that are used to isolate toxic products in order to save the healthy part of the bank. It is sometimes used to save the majority of the banks. Intentionally lose the bank in order to keep the others safe and afloat. Government bailout. Sometimes the government put themselves in, bailing the bank, financial institution, etc, in order to save the financial market (or in bigger case, the nations economy itself) from crisis and prevent it from systemic risk / collapsing. Capital Adequacy (Lecture 2). Basel I: Basel I is discussions by central bankers around the world in the year 1988 and resulted in a set of guideliness about minimal capital requirements for banks in case they want to lend their money . It was used by the G-10 countries before a more advanced guideliness made (notably Basel II). How Basel I works? Basel I implies that every time a bank makes a loan to other institution (then in balance sheet of the bank it is put on debit side by nature), the bank needs to have certain amount of equity on its credit side as a backup in case the loan gone bad. Example: If you give loan for $100 and put $100 on your asset side (left side of balance sheet), youll need to have 8 (as example) as equity on the liability side (right side of balance sheet. This 8 is different for different type of assets. Lending to government is much safer than lending money to corporation. How to differentiate it? We use risk weight. Example: If the lender is government, we use risk weight of 0% ( we assume the government is perfectly safe). For bank we use a risk weight of 20%. For mortgage loan we use a risk weight of 50%. For company, which is the riskiest of them all, we use full weight (100%) to calculate the equity needed to backup the loan. Bottom line is the bank differ the equity needed to cover up the loan based on whos borrowing it (government being the safest and therefore have 0% risk weight, company being the most risky and therefore have 100% risk weight. And therefore we have the risk weighted assets of banks. Calculated as the different types of assets that bank has, multiply by the risk rate, then multiply by the predetermined equity that needs to be keep (in this case $8 for every $100 of loan). Example: Loan of $100 to government (asset side), then, equity needed = $8 X 0% = $0 (liability side). Loan of $100 to company, then, equity needed = $8 X 100% = $8 and so on. Amendment 1996: Capital has to be set aside for Market Risk. In Basel I there was no rule for modeling. The only thing we did was classifying. Bank need to look this amendment and make a benchmark model for its own use. Translate it into percentage of returns. Create a histogram and cut off the tail (1% probability mass). The position of cut off tail is the value at risk (VAR). It determines which position is accepted and which one is below standard and therefore imposed to extra charge. It is a quantile of distribution. It is the base on which the capital set aside for market risk is calculated. Now bank has to model the changes in the value of the portfolio of the company/ borrower. If a company exceeds this VAR (loss is bigger than VAR) by 1%, then the company performs well. If it exceeds 1%, then company will receive an extra capital charge. Usually the multiplier is 3 (can be more). Bank has to present this model to the regulator. Basel II Basel II is an improved second version of Basel I. Basel II had undergone many proposal and updates as well as received much response. Quantitative impact studies Ãâ ââ¬â¢Ãâà banks implement Basel II on a trial basis to check if it has an impact on their capital etc. There are 3 main point need to be stressed out on Basel II, such as: First pillar: Capital adequacy. Basel II still keeps the 1996 amendment with respect to market risk. Banks still have to keep capital aside for credit risk. Credit risk can be calculated in 3 ways component can be calculated in three different ways, such standardized approach, foundation IRB and advanced IRB. In standardized approach, risk weights are different for each individual borrower in each group. So now there is a credit rating (which is generated by external parties) which is different for each category. Lending to blue-chip company is absolutely safer than lending money to small unknown company. This is what Basel I lacks . The borrower is regrouped 2 times, therefore it is more accurate (we simply multiply the equity needed one more time based on the borrower rating which holds different rate of multiplier). Alternatively, bank can use Internal Rating-Based approach (banks are allowed to model the default probabilities of their own customers) was proposed. Second pillar: supervisory review. All banks have to model their economic capital and regulatory capital (the capital that the bank has to maintain in compliance with the law). Moreover, banks operate on the economic capital (their working condition), which (usually) is above the legal minimum. It gives the regulators much improved instruments compared to Basel I and framework to deal with the risk that a bank may face such as reputational risk, systemic risk, etc. It gives bank the ability to examine its own risk management system. Third pillar: market discipline, which means accounting disclosure. The idea is that we can safeguard banks if we let them disclose the riskiness of their positions. Bank needs to have a system in place to at least produce these numbers. By opening up their position, banks will be more thoughtful and careful in their actions. And regulator can keep track of them as well. 2.1. Financial market products. There are a lot of financial products; all has its own characteristic and classification. Examples of financial products are: Shares equity: : Certificates that represent that an investor has already invested in some form of investments (in the form of a company, etc) and therefore he/ she owns a portion of that investment and any underlying asset beneath it and entitled to claim any gains from that investment. Bonds: Certificates that represent money a government or corporation has borrowed from other entities. T-bills (Treasury Bills): Short term debt obligation guaranteed by the US Government with maturity of less than a year. Options: A contract that provides the buyer with the right to buy or to sell an underlying asset at a specific price during a specified time period. Futures: Contract between 2 parties to buy/ sell a standardized asset at specified future date with the price agreed today. Forwards: Same as futures with the exception that they are not exc hange-traded or standardized. Swaps: Agreement between parties to swap the benefits of their financial instrument. For example: In bonds, both parties agree to swap the coupon payments related with the bonds. Both coupon payments can have different payment timing and value. Commodities: Sold in commodity market where primary/ raw products are exchanged. Can be in form of derivatives trading or direct physical trading. Commercial paper: Corporations short term debt instrument (1 to 270 days), usually used forà theà funding of accounts receivable,à inventories or toà meet short-term liabilities. Strips (Separate Trading of Registered Interest and Principal Securities), as the name speaks for itself, strips is a seperate trading for the interest / principal portion for the securities. It is cut into different pieces which are sold separately. By this, strips can also give buyer a tax advantage (typical in Belgium). Medium term notes: A debt note that matures in 5 -10 years (usually). Foreign Exchange (Forex): Over the counter financial market for trading currencies. Forex have been known to use spot transaction regularly. In contrast with derivatives, the buyer buy right now, pay within 2-3 days time and you get instruments at that same period as well. Life insurance: Contract between the policy owner and insurer that the insurer will pay a sum of money to the owner in case of events (death, critical illness, etc). In relation to finance market, life insurance policy is so often combined with investment (get insured and have investment, managed by the insurer), with the exception of pure protection life insurance. Asset Backed Securities: A security whose value and payments determined by a specifically designed pool of underlying asset, usually illiquid assets. Doing so will allowed the asset to be sold into the financial market, therefore comes the term securitization (making securities from illiquid asset). Mortgage Backed Secu rities: The same as Asset Backed Securities, instead the cash flows now comes mortgage loans (underlying asset). Convertible bonds: A bond that can be converted to common stock shares at equal value by the issuing company. Repo (repurchase agreement): Agreement that lets the seller to buy back the securities from the buyer at a later date (usually a short one). 70% of repos mature in less than 7 days. Interbank loan: Direct loans between two banks to cover up their financial needs using predetermined interest rates (LIBOR Rates, etc). Credit Default Swap: Swap contract between buyer and seller with the buyer pays a series of payments to sell as an exchange of payoff in case a credit event happens to a credit instrument that currently being swapped. As the name speaks for itself, it swaps the default risk from one party to another in turns of payment. Mutual funds: Collective investment funds, gathered from numerous amount of people, institution and company and is mana ged by a professional fund manager, usually a bank, insurance company or investment company (and therefore the manager collects commission from it). The fund manager then can decide where to invest the fund in the financial market and therefore forming a portfolio. They also have different taxing implication than others. These financial products can be classified into many types (highlighted with different color), such as: Derivative (green color) is a financial tool, an agreement between 2 parties to transact something else (underlying asset). Therefore, derivatives value is determined by its underlying asset. Example: Option to buy AA shares for $20. If share AA goes up to $30, the option is worth $10. If share AA goes $20 or below, the option worth nothing. Thats option it is dependent to the value of its underlying asset. Its a type of linear products that gives you win-lose situation when bought and have a timeframe in it for it to do some effect (to gain or to lose). Money market (yellow color) and Capital Market (blue color). The main difference between money market and capital market is in the time to maturity / time frame. Money market being relatively short term (less than 1 year) and capital market being relatively long term (more than 1 year). The rest of the products such as commodities and Forex are slightly different and therefore have their own categories. Thats all about the summary of first and second lecture of CAF. We hope you find it useful.
Friday, December 20, 2019
The Development of Video Games - 2845 Words
In societyââ¬â¢s current era of technological advancement, video games have gone a long way since they were first created. Video games in the twenty-first century are no longer just toys or junk in the lifestyles of the youth. They have become innovative inventions that not only entertain its users, but also help aid the people in both the academic field and in jobs. The influences that video games bring about in the culture of the youth today are, in fact, not the negative influences that most people think. Video games are actually this generationââ¬â¢s new medium for educating the youth. The information they learn are also mostly positive and useful things that they may apply in their future lives (Prensky 4). In a generation thatâ⬠¦show more contentâ⬠¦These forgeries resulted to the crash of Atari. Following this, many gamers wanted more fun, meaningful and higher quality games (Tobias and Fletcher, eds. 22). Atariââ¬â¢s comeback came with its console called th e ââ¬Å"Video Computer Systemâ⬠which was like a computer with an eight-bit processor. (Kent 100). Then in 1982, the VCS version of Atariââ¬â¢s Pac-Man was released and was also one of the most anticipated video game cartridges of all time. Atari even manufactured twelve million Pac-Man cartridges based on the demand of its consumers (Kent 227). By the end of 1982, Atari had come up with a new console called the Atari 5200. Many reviewers were impressed with the 5200 and considered it as a huge improvement over the past console Atari created. The Atari 5200 was praised for its high-resolution color graphics, special effects, and powerful system (Kent 230). It was also in the period of the 80s that Nintendo released its first game in the United States called ââ¬Å"Radarscope,â⬠which did not sell well despite its positive standing in Japan. Three thousand copies of ââ¬Å"Radarscopeâ⬠were shipped to the U.S. and because it did not appeal to American audiences, Ni ntendo only sold one thousand units (Kent 156). Although Nintendo was able to get in the American market, their games were not able to attract business. Nintendoââ¬â¢s ââ¬Å"Space Feverâ⬠and ââ¬Å"Sheriffâ⬠did not appeal to American gamers and arcade owners (KentShow MoreRelatedIndie Video Game Development1209 Words à |à 5 PagesBeing an indie video game developer is tough work as theres a lot that goes into the development of a video game. Unlike bigger AAA studios, indie developers only have themselves or a small team to accomplish this great amount of work and with that, comes a large amount of time having to be invested into the games creation but how does an indie developer know or gain enough knowledge to form a prediction of whether that game in development will be a success or not? The answer is simply data. JustRead MoreVideo Game Effects On Childrens Development930 Words à |à 4 PagesVIDEO GAME EFFECTS ON CHILDRENS DEVELOPMENT It is believed the average gamer usually ages 13 and up spends up to 6.3 hours a day playing video games. That is an alarming rate, which concerns both the public and scientist. Through out this paper three different articles will be analyzed and their view on the impact of video games on childrenââ¬â¢s and adolescents. The first article to be discussed is ââ¬Å"Prospective Investigation of Video Game Use in Children and Subsequent Conduct Disorder and DepressionRead MoreVideo Games And Its Impact On Human Development1145 Words à |à 5 PagesGames play an important part in human development, it is one of the most popular way people use to release stress from work, school or from family members. Its popularity is due in part to the variety of games that have a lot of variety including but not limited to; PC games, Board games, Console games, and so much more. The most famous out of all of this is the Console games, the most popular of which are the PlayStation 4 (PS4) and the X box One. After considering why consoles are still popularRead MoreVideo Games Effect On Human Development1783 Words à |à 8 Pageshuge topic of controversy is video games, specifically how much and how long people should play them, if at all. People have associated increased violence and other problems with violent media. Science on the other hand, states that games can have a greater positive impact on human development. Both sides present plenty of evidence to support their claims, but are video games detrimental to people? Despite the negative view of video games that people possess, the games do have beneficial effects onRead MoreThe Effects Of Video Games On The Development Of An Individual1659 Words à |à 7 PagesLiterature Review The articles in track number two surrounded the topic of family influence on the development of an individual. All of the research studies revolved around how external sources effected the development of a person. Each study focused on a different age and aspect of an individualââ¬â¢s surroundings. Article one ââ¬Å"Infant Development Outcomes: A Family Systems Perspectiveâ⬠focused on the early stages of infancy; birth to seventeen months, and the effects of the individual mental statusRead MoreEssay A History of Video Game Development1889 Words à |à 8 PagesVideo games are an ever-growing franchise that is constantly undergoing change. Ever since the dawn of video games, new consoles, games, developers, and teams have come together, fallen apart, triumphed, and failed. What is it that has allowed some to thrive where others failed? Several different factors have changed and influenced the world of gaming, including the history that is continuously being written, the people who have built the games behind the scenes, and, of course, the actual videoRead MoreThe Importance Of Change In Video Game Development1262 Words à |à 6 PagesA change in financial state when I left the video game development industry wasnt the biggest stressor as I had saved up money and my wife was also working her small business which was brought in enough income to maintain a lifestyle as we were closing down expenses of living in Montreal. However, the time I spend in developing a small business came to a halt after having to move my grandmother-in-law, and my in-laws from two different states and place them in our home in Arizona. The distractionRead MoreVideo Games Help Motor Development And Brain1501 Words à |à 7 PagesSince the beginning of these, the benefits of video games have been ignored by many people due to the great discussions that have generated the defects of some video games that are violent. The young people, the main users of these only think o f having fun and as many of them say, it is only a game but with regard to the questioning of society, they generate a stubborn attitude, as experts say, there is no influence more marked than that which is not aware. Not all of them are dangers and threatsRead MoreVideo Games and Child Development: Good? Or Bad? Essays678 Words à |à 3 PagesVideo Games and Child Development: Good? Or Bad? Itââ¬â¢s no doubt that video games are very influential toward a younger audience. But, what people fail to realize is, that a game can seem influential to one person, but have no effect on another. The level of influence a game has on a person, depends on their mental state, and their perception of reality; however, it still can also have a positive effect on these individuals. To people that know the difference between pixels on a screen and actualRead MoreThe Positive Effects of Video Games on a Childs Development Essay1564 Words à |à 7 Pages Do video games induce emotional, physical and psychological scars on children? This question has been pondered by millions of researchers across the globe. On the news there have been frequent accounts of acts of violence caused by children. However it is not the child, parents, or guardians that are blamed. Instead the media has often blamed the video game industry for these acts of immorality. After the Columbine Shootings Bill Clint on (1999) stated that Over 300 studies report that the boundary
Thursday, December 12, 2019
SAT Practice Essay free essay sample
Imagine if we individuals were limited from performing our own creative process of comprehension, understanding, or any other task that comes along. If humans were all required to do things the same way, civilization would not be as advanced and as enlightened as we currently are. Try and picture a world that was molded and raised by several different minds, however containing the same exact thoughts. There would be no such thing as invention, or scientific discovery, or possibly even evolution. By allowing a person to do things in their own way, they not only posses the possibility of creating something brilliant, but it also allows them to freely express themselves. Everyone is born with different physical and mental traits, therefore naturally having their own natural flow. We sleep in whatever position we desire, we fall in love with the person that we decide to choose, and we make our own choices on careers, school, and how we live our lives. We will write a custom essay sample on SAT Practice Essay or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The mind is an incredibly complex and fascinating organ, that is able to generate an endless stream of ideas. There is no stopping the human thought or creation process. As easy as it can be for someone to accomplish great things when having the freedom to do so, there is also the chance that they could benefit negatively from this freedom. Over the years, there have been heroes and villains. When Hitler decided to do things in his own way, he used that power to cause destruction and despair to the world. However, when Martin Luther King Jr. decided to do things in his own way, he stood up to what white supremacists believed and preached to America, and gave the nation his thoughts, later on almost entirely putting an end to segregation and prejudice. In our lives, we are all given the opportunity to strive for success, or aim for failure. When certain persons have the knowledge that they can do things in their own way, they choose to simply do nothing at all. As an example, my brother and sister, who are both much older than I, were both given the choice by my parents to do what they wanted with their lives. My sister decided to push herself in high school, in both academics and extra-curricular activities. This resulted in her graduating from college early, entering the world of real-estate, and making a wonderful life for herself. On the other hand, my brother chose to drop out of high school, never attend college, and spend his time doing detrimental things. The case, I believe, is that it is definitely possible and achievable for people to accomplish more than they could ever expect out of themselves when doing it their way, but it is also very possible for them to single-handedly ruin their lives. What we have to remember is that we should never do or be what other people expect us to do or be; we have to have faith in ourselves, and always remember that we are capable of amazing things, as long as we stay determined and strong. Nobody can live our lives for us, or make us who we are; that power is controlled by only ourselves.
Wednesday, December 4, 2019
Arbitration Dispute Settlement Procedure â⬠Myassignmenthelp.Com
Question: Discuss About The Arbitration Dispute Settlement Procedure? Answer: Introducation Arbitration is the dispute settlement procedure where the impartial party (Arbitrator) is selected to study a case as well as hear both sides of the party so as to arrive at agreement; some of its features include law; The Arbitrator controls the outcome; he has the power to decide. Extensive discovery is usually required Arbitrator listens to the party facts as well as the evidence and gives the award The parties involved present the case and then testifies under the oath Arbitration process is formal; there is no private communication involved between the party and the arbitrator The decision are based on evidence, facts as well as the law The result is either lose or win the award hence relations are lost It is a bit expensive compared to meditation but less costly compared to litigation It is private, but the decisions are publicly available Mediation Mediation is the process where a mediator facilitates dialogue in a multi-stage manner to help both parties reach a conclusion plus satisfactory agreement. Its features include; The parties involved in the dispute control the outcome The mediator does not have the power to make decisions. A decision is made only with the party consent as well as approval There is a voluntary exchange of information, but it is limited. Here the parties involved share information that can be used as an assist in reaching a decision The mediator assists the parties in defining plus understanding the problems in every sides interests Individuals do not testify under the oath, they vent feelings, share stories as well as take part in creative problem solving Mediation is informal. There are no attorneys. The parties involved are just active participants Joint plus private meetings and discussions between the counsel and their parties is allowed The outcome is not based on managememt or evidence but the needs of the parties involved The results is mutually satisfactory; this means that a relationship can either be created or maintained The process is less costly compared to arbitration It is private and confidential Conciliation Conciliation is the process of resolving disputes where an independent candidate (conciliator) helps the parties to reach an agreement The conciliator cannot enforce his decisions since he does not have the power No prior agreement is required The process is available for existing disputes There no legal proceedings compared to arbitration Similarities In the three processes (mediation, arbitration, and conciliation), the parties involved in the dispute have control over the format of the proceedings. Selection of unbiased, ground rules, timing as well as the ability to adjourn the procedure at any moment is under the parties mandate. This enables them to establish a comfortable setting plus a conducive environment for settling the dispute They allow direct involvement of the concerned parties contrary to litigation which is open only for the attorneys They foster a mutual approach to disputes in a legal way. The parties merely bear grudges against each other or dissatisfaction from the result of the trial These methods of dispute resolving are fast, private and less expensive compared to trial References Blain, N., Goodman, J., Loewenberg, J. (1987). Mediation, Conciliation and Arbitration-An International Comparison of Australia, Great Britain and the United States. Int'l Lab. Rev., 126, 179. Cooley, J. W. (1985). Arbitration vs. mediation-explaining the differences. Judicature, 69, 263. Fisher, R. J., Keashly, L. (1991). The potential complementarity of mediation and consultation within a contingency model of third party intervention. Journal of Peace finanacial Research, 28(1), 29-42. Sgubini, A., Prieditis, M., Marighetto, A. (2004). Arbitration, Mediation and Conciliation: differences and similarities from an International and Italian business perspective.
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