What are the pros and cons of challenges to the appointment of Essay

What are the pros and cons of challenges to the appointment of arbitrators - Essay Example Nevertheless, the solicitor takes the vital role of advising on all possible methods that can be applied in dispute resolution, prior to recommendation of relevant in a given situation. In this case, arbitration is an alternative for resolving disputes in a situation that a third party reaches a decision, which is binding upon the parties to the dispute. The arbitrator decides on the issue in concerning the dispute, and he or she enforces a binding decision on the parties. Therefore, arbitration is undertaken due to a certain business contract; hence, offering arbitration for is situations where the disputes arise. Moreover, arbitration is considered to be the best suited for facilitating a settlement between parties in dispute. The paper will focus on exploring pros and cons of challenges to the appointment of arbitrators in the perspectives of parties bringing the challenge, opposing party in the disputes and the arbitrator whose appointment is be. In the process of arbitration, th e parties involved in the dispute agree to submit their dispute to the neutral arbitrator, instead of a court. Therefore, the arbitrator acts like a judge, whereby he or she listens to the testimony, reviews evidence and enters a binding ruling. After the decision in made, the prevailing parties may deicide filing in court to convent the award to a judgment. 4. On the other hand, the prevailing party may be raise claims that the judgment, which was provided, and the process involved binding arbitration require enforcement through the courts. Pros of arbitration One of the pros of arbitration is being quicker compared to litigation, and this becomes a debatable topic with arbitration tending to similar to a formal process of the court5. Therefore, once the party bringing the challenge and the opposing party in the disputes enters into arbitration they do not have to wait for the Court to add them in to a list, which is over clouded6. The parties have a chance of acquiring a suitable arbitrator, who is available, and they are make to decide on the time of arbitration. On the other hand, the decision made during the arbitration is binding to the party bringing the challenge and the opposing party in the disputes. However, there are some of other forms of ADR, which are non-binding; hence, they facilitate failure of the arbitration, despite the cost. In this case, once the arbitration is submitted there are expectations of definitive results. Arbitration is considered faster and less formal compared to the Courts process since the appointments are planned in a way that establishes a mutual convenience among the party bringing the challenge, opposing party in the disputes and the arbitrator. However, in the courts situation, the plan is dictated by the Court calendar, hence, in arbitration there is a chance of deciding on the duration, time, which is to be spent by the arbitrator in their case7. The party bringing the challenge and the opposing party in the dispute s have a chance of appointing somebody who they are familiar with in a situation of a dispute. Therefore, the arbitrator relates the process of arbitration to an industry normal practice. The party bringing the challenge, opposing party in the disputes and the arbitrator are able to include the clause in contracts sue to the likelihood of reaming confidential, unlike the disputes in the courts. Therefore, arbitration facilitates maintenance of the business relationship between the party bringing the challenge and the opposing party in the disputes8. Given that arbitration can lead to a resolution of a dispute faster than litigation, it is considered less costly than litigation since the

Stroke Rehabilitation Essay Example | Topics and Well Written Essays - 4000 words

Stroke Rehabilitation - Essay Example 70). This study shall evaluate the stroke rehabilitation of an elderly male. It shall consider the assessment, planning, implementation, and treatment in clinical practice. It shall critically analyse the efficacy of the care given to the elderly patient – with a sharp focus on rehabilitation. It shall also critically evaluate the role and function of team members and their contribution to the rehabilitation process. It shall discuss the psychological outcomes for the patient and carers, while taking into account the longer term needs of the patients. This paper is being conducted in order to establish a comprehensive understanding of stroke rehabilitation, especially among elderly patients. Discussion Patient Profile The patient in this case is a 65 year old elderly male, married, with three grown children. He was admitted three weeks ago for a headache and the sudden onset of the following: difficulties in speaking and swallowing, left sided paralysis, and a tingling sensati on of his extremities. Upon admission, he was immediately assessed. After subsequent diagnostic processes, he was diagnosed for an embolic stroke. The appropriate intervention was later carried out to remove the embolus. At which time, his condition was assessed. Due to a 10 minute lack of oxygen supply to his brain, he suffered from left-sided paralysis with his mobility and speech severely compromised. He was then discharged from the neurological care unit and onto the rehabilitation clinic. Assessment of patient The assessment of the post-stroke patient was mostly an assessment of his mobility and his ability to conduct his daily activities. The patient was assessed on the following areas before a plan for rehabilitation was conceptualized by the rehabilitation team: neurological aspects, including level of consciousness, cognitive disorders, motor deficits, disturbances in balance and coordination, somatosensory deficits, disorders of vision, unilateral neglect, speech and langu age deficits, and pain; presence of comorbid diseases; functional health patterns, including bladder and bowel function, swallowing disorders, nutrition and hydration, skin breakdown, physical activity endurance, and sleep patterns; presence of depression and other affective disorders; neuropsychological function; and family functioning and other contextual factors. All of these aspects were assessed using standardized assessment tools. These tools have included the following: Glasgow Coma Scale, Modified Rankin Scale, Measures of Disability of Daily Living, Mini-Mental Status Examination, Berg Balance Assessment, Rivermead Mobility Index, Hospital Anxiety and Depression scale, Family Assessment Device, and Quality of Life Assessment scale (Warlow, van Gijn, and Dennis, 2008, p. 534). Assessment results Based on the assessment, the patient scored 12 out of 20 on the Glasgow Coma Scale. This was based on the recommended scale to measure the patient’s level of consciousness (He rndon, 2006, p. 366). He scored 4 out of 6 on the Modified Rankin Scale. This scale is used to measure a patient’s level of disability (Stroke Center, 2010). The patient scored 87 out of 126 on the Functional Independence Measure Test. This test assessed the patient’s ability to carry out independently his daily activities (DeLisa, Gans, and Walsh, 2005, p. 986). On the Mini-mental Status Examination, he scored 23 out of 30. This test assess