The Importance of Preventive Law to the Growth of Mediation

We are in the information era marked by influx of ideas, data flexibility and improved efficiency. This information age has to a large extent contributed to global decline in career and employability.

Even though this has affected the fortunes of many professions, it is believed that Medicine and Public Healthcare and information technology continue to thrive. Medical healthcare exhibits peculiarities which include essential services, ethic of care, information technology and prevention.

Definition of Preventive Law by US Legal

Preventive law seeks to anticipate and prevent legal problems and litigation in a broad scope of areas such as… Lawyers who practice preventive law may offer services in mediation and alternative dispute resolution, government affairs, legal research …

Preventive law attorneys may evaluate legal implications of business contracts and attend meetings with representatives from business, government or private individuals as an advocate or mediator.

The lawyer will often conduct a legal audit, produce a legal status report, which provides the status of the legal affairs of the business or person, presents legal risks, and make recommendation for action.

The report may include identification and analysis of regulations and laws, intellectual property rights, environmental banking and financial services employment practices, tax securities laws…… the company will be protected in such a way to minimize the risk of litigation and to ensure that if litigation occurs, the business will have acted properly…

Preventive Law and Healthcare

Preventive Law shares some similarities with medical science. It seeks to encourage how legal services can be delivered to prevent legal problems and protect legal health. It seeks to promote and protect the legal health of private and business entities.

This field of law consists of legal and practical principles that anticipate and avoid legal problems. The goal of preventive law is to provide for the legal health of individuals and businesses. This practice applies to medical science as most successes in medical treatment are preventative.

Preventive Law and ADR/Mediation

Preventive law seeks to anticipate and prevent legal problems and litigation. Considering this definition, preventive law also shares some commonalities with the concept of alternative dispute resolution which is the use of methods such as mediation or arbitration to resolve a dispute without resort to litigation.

Conflict prevention and preventive law techniques could therefore include routine procedures for individuals such as legal check up to help them keep legally healthy. For businesses and organizations, periodic legal status reports to know their legal condition much like financial reports for the financial condition of a business.

Conclusion

Every sector seems very much in need of proactive and early conflict prevention to promote their legal health care through the application of ADR/mediation skills.

There is the need to develop and promote the field of preventive mediation with ethic of care harnessing information technologies. The definition by US Legal is instructive and seems to depict wide latitude and great opportunities for Mediation.

 

 

 

 

The Conflict Management Toolkit for Families (2)

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1.Commit to God’s plan that leads to a oneness marriage.

2. Build on a union driven by the man and obey divine order as regards headship of the man.

3. Good communication is important built on respect and openness.

4. Take each other’s feelings into account before doing anything.

5. Express feelings, concerns and expectations calmly.

6. Make your spouse your priority.

7. Unite to solve your problems with respect.  Don’t assume the worst. There are many possible reasons for his or her behaviour. Be honest, open come up with solutions together. Promote a common ground. View

8. Encourage dialogue. Allow him complete his sentence before replying. Stay on the subject. Take responsibility for your own responses.

9.Accept responsibility for your own role in the disagreement. Initiate contact.

10. Be willing to forgive.

11. Be trustworthy. Trust each other. Avoid suspicion.

12. Help him become the leader of your family.

13. Be a good listener.

14. Understand, know each other.

15. Respect, encourage, admire, accept him.

16. Appreciate him for taking the lead. Appreciate his initiatives.

17. Be her best friend.

18. Give her attention, love and care. Tell her you love her.

19. Offer your advice and help if he asks for it.

20. He has a good sense of humour.

21. Turn your fights into good ones.

22.Figure out the real problem, concerns, needs.

23. Support him in providing for the family. Discuss. Let there be openness. Let there be agreement.

24. Shun ego, assumption, defensiveness, impatience.

25. In making decisions make use of her opinions, insights and suggestions.

26. Meet his emotional needs.

27. Understand the other person’s point of view.

28. Be hard working with direction.

29. Encourage your partner’s dreams and goals.

30. Be happy with each other’s successes and achievements. Be there for each other when things go right.

31. Give unconditional love to your wife. Appreciate those things she does.

32. Love your mother-in-law. Make her love you.

33. Get along with the family.

34. Share his interests.

35. Let go of wanting to be right. A third position may exist.

36. Honour your parents.

37. Take your children on visits to their grandparents. Help them stay connected with their grandparents.

38. Be aware and respectful of each other’s differences. Manage these differences.

39. Look good for him.

40. Keep each other informed of happenings at end of each day. Do not condemn or judgmental. Support each other get over difficult situations.

41. Make financial decisions together. Ensure financial intimacy. Be financially responsible.

42. Don’t think it is greener on the other side.

43. Stay positive. View your spouse in a positive light.

44. Admit when wrong and apologize. Do not take it personally.

45. Protect your partner. Portray your spouse in good light to your family.

46. Watch how your attitude and actions impact on your spouse. Figure out what the other person is feeling.

47. Spend more time together.

48. Organize, take care of your home.

49. Treat your spouse better than you treat anyone else.

50. Paint the big picture.

51. Ensure physical intimacy.

52. Many people have worse problems but prefer to  work it out.

53. Not who is right but what is right.

54. Change yourself to change your spouse.

55. Don’t cheat on her. Be faithful.

 

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With the Children

The father, his children’s hero.

Model good behaviour for your children. Teach your children morals and right values.

Teach them by example. Provide good example for your children and every member of your household.

Raise your children to know God.

The mother, there for every member of her household.

A mother, helping her family do what is right,

kind, insightful, observant, watchful

A praying wife and mother.

 

Antidote for Divorce is to Nip it in the Bud

Pheasant v Pheasant [1972] 1 All ER 587

The fact of this case may seem ridiculous!   The petitioner husband alleged that the wife had not given him the spontaneous demonstrative affection which his nature demanded and for which he craved. He claimed it caused the marriage to breakdown irretrievably.

This case emphasizes the fact that an issue no matter how trivial can grow to become exceedingly big to threaten a marriage. No matter how minor, mundane or frivolous an issue may seem to an outsider, it means so much to those concerned. It must not be left unattended or mismanaged or would become an albatross capable of jeopardizing the relationship.

In this instance, the husband went the way of divorce.  Another person in a similar situation may have opted for extramarital affairs to satisfy his emotional needs which he missed at home. He would justify his actions that his wife pushed him into it. That she should accept responsibility for her role in causing the problem.

One wonders if the man tried to communicate his needs to her. Maybe he did but she did not listen well enough to understand his feelings and concerns or took it lightly and when he started fuming she thought he was being impossible.  Why didn’t they engage in a discussion to resolve the issue and reconcile? Did they try but it failed to resolve their differences?

It may be that the wife did not understand or know how to meet this need as one of the love languages of her husband. Many marriages have failed because of a partner’s inability to identify the needs of his or her spouse and learn to meet them.

It is important to consider if they have their private time that they spend together to catch up on their relationship and also to discuss their issues. If they believe a problem is serious and beyond discussion they could initiate communication through writing, a note and follow up with discussion.

No problem should be too big for couples to discuss and resolve but this needs cooperation of both parties. They should be willing to work together at the challenges to help the marriage and make it work.

There is another alternative instead of going to court for the purpose of dissolving the marriage. They should have explored counselling with the help of their pastor or marriage counsellor.

Even though hostility had built up over time making it emotionally charged and difficult for them to sit together to settle the matter, it is still not hopeless. They can go for mediation. They can seek the help of an independent third party mediator to help them work together to resolve the issue. This would have helped unearth the underlying cause that got lost in battle. It would have facilitated communication and expression of the need the way the wife would have understood.

There are different ways to save a marriage together.  The minor issue in this case festered and almost succeeded in permanently tearing the couple apart. This should not have happened if at the early stage the problem was nipped in the bud through communication, good listening, respect and understanding. They would have negotiated their differences through dialogue and resolved.

What came up for determination by the court was whether there was a breach of obligation between both parties. The court held that there was nothing in the wife’s behavior which could be regarded as a breach on her part of any of the obligations of the marriage. This decision is a big relief because it could have gone the other way!

It is instructive through this case that no issue should be perceived as unimportant in marriage. Every misunderstanding requires attention. Inside every problem is a seed that has the potential of growing to harm and destroy a relationship.

Having gone through all this they have to contend with the problem of reconnecting. The wife would need to roll out truckloads of spontaneous affection and this has to be sustained along with meeting his other needs. The husband on his part for taking her to court in addition to meeting her emotional needs has to go all out to do those things that will make her really happy.

They can achieve much if they can restore the love they both enjoyed at the beginning of their marriage. They should add to this their fantasies spiced with forgiveness.

 

Social Problems: Focus on Social Protection

The spate and magnitude of insecurity in Nigeria is alarming and deeply agonizing. It would leave the tough and strong-hearted drained, confused and devastated. The bombings, the killings, the abductions, the kidnappings, killing and maiming of innocent citizens including children! It is unthinkable as it is unimaginable!

When criminalities nothing compared to current happenings occur, the immediate reaction is to go after the culprits, apprehend them and bring them to book. These in many cases meet with delays, failures and a times misplaced justice. In this regard we need a change of strategy.

The pertinent question is what is responsible for these occurrences? What are the causes of these dastardly and despicable incidents? In addition to ongoing efforts that are mostly reactive, the situation also calls for effective crisis management that is proactive, preemptive and preventive. These include conflict management strategies that emphasize care, support and infrastructure.

There is always the feeling of nostalgia when people recall the good old days when there was communal living characterized by a strong sense of community, people looked out for one another, pool resources, shared meals, help, protect, cared for one another and resolve conflicts amicably. There was a sense of belonging and meeting one another’s needs. They were their brothers’ keepers.

This sense of cohesion got lost over time. Many families are struggling with harsh economic conditions and its consequences, unemployment, poverty, accommodation problems and social isolation which may result in family tensions.

Family stress could lead to serious disagreements between parents, family breakdown or violence posing great dangers to children or long term harm which may be associated with children’s behavioural problems with consequences on their education and future, emotional damage and crime.

A principle of conflict resolution is to understand the root cause or sources of a problem to determine the strategy required to fix it. It is widely believed that to prevent a problem from occurring is better than searching for a cure. Considering the spate of youth joblessness and the danger it portends.

This and the ideals of communal living find expression through the children’s law, Child’s Rights Act. It mandates State Governments to identify disadvantaged children within their areas assess their needs and provide services appropriate to their needs including financial assistance where necessary.

It provides solutions to address some of the problems faced by families and their children and youths. It proffers pointers that will drastically reduce the prevalence of social problems such that youths are not rendered vulnerable and made pawns in the hands of the unscrupulous.

It mandates the establishment of family centres in every State of the Federation where needy children and their families can visit when in need of support and assistance to meet their unique individual family needs. A family-friendly facility they can turn to when in distress. They can be established by government or voluntary agencies. This serves as a viable means of emotional outlet and promotes a sense of belonging.

This will protect families, at-risk youths and single mothers. It will provide education, empowerment and emotional support to vulnerable children and help to their families. Those with one need or the other can walk or call in to trade helplessness hopelessness for hope and care.

We need to encourage proactive approach to support and empower families in need, make them strong to protect children and youths. It is not only the children and their families that will benefit the society as well!
It is expedient to emphasize the establishment of family centres playing down the paraphernalia of government to make it user-friendly and encourage patronage. We need this in addition to having God in our lives.

 

 

 


8 Qualities that Make an Employee Outstanding

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To be an employee that is valued, you need to imbibe attributes that will help you achieve success in your career and personal life.

Positive
Enjoy your work

Demonstrate a positive attitude

Develop good communication

Expect and adapt to change and market conditions

Commit to excellent client/customer service and relationship
Imbibe a pleasing appearance neat and clean

Excellent service
Be hard working but please your employer. Match your employer’s needs meet the employer’s needs in a way that is compatible with the company’s style

Set priorities. Be sure what you are doing is your boss’s top priority
Commit to excellence

Competent
Be aware of the most recent developments in the industry.

Build experience have a deep knowledge of the company and industry

Acquire new knowledge, information, techniques and find ways to align these with your work

Invest in lifelong learning continue to learn and upgrade your skills and be skilled in several applications

Develop intrinsic motivation for self improvement

Network professionally

Honest

Be punctual

Don’t sneak out of work learn to ask for permission

Take responsibility

Be committed

Be dependable

Be an employee known for honesty in all situations and with all people tell the truth at all times and be trusted around valuable items without fear of theft don’t allow anything tarnish or damage your reputation

Be a person of character. A person of character doesn’t gossip, speak ill of the boss or criticize anyone
Be loyal

Passionate
Find out your employers needs and the challenges the company faces transfer your skills and the aspects of your background and experience that align with their needs

Learn difficult jobs and tasks no one else wants to do

Exceed expectations.

Figure things out yourself after it has been pointed out to you

Be innovative

Do projects on time without reminders pressure or prodding and with utmost good quality excellence and enthusiasm

Be among those who do the most work volunteer for assignments and when offered do them quickly and diligently
Come prepared to every meeting. Speak early ask questions

Collaborative
Be supportive of others

Give credit to others

Don’t be judgmental or feel threatened how others handle certain tasks rather appreciate their differences

Acknowledge the advantage of diversity others will bring in their unique talents and skills for effectiveness

Learn that what comes to you may not mean the right or only way to do it others may obtain good results by following different methods

Don’t read behaviours motives of others this may lead to wrong perceptions and misunderstanding we are all different

Recognize that troublemakers may be defined as those who approach something differently or who challenge another person to re-evaluate or learn a new way that something can be accomplished

Courteous
Be principled. Know when to establish boundaries but be helpful.
Treat people with respect

Be courteous and polite.

Put God first

Put God first in all that you do. Be guided in your daily endeavours by His standards and let your actions and decisions conform to His principles. When there are challenges talk to God through prayer as you work to resolve them. This will foster your emotional well-being and enhance your health, morale and productivity.