Leadership Essay Example | Topics and Well Written Essays - 2000 words - 9

Leadership - Essay Example as observed that , transformational leaders who may happen to have narcissistic tendencies can apply a very powerful influence over followers, who may give them trust and respect (Stone, Russel and Patterson, 2003, p.4) as to manipulate the latter. Manipulating followers may actually be violating the latter’s very freedom as the act would amount to misleading them to choosing what is proper as free human beings. These followers may virtually submit their wills to their leaders. The possibility of this argument is due to the appeal to emotions which a key ingredient to practice transformational leadership. The source of the first criticism is the fact that there are allegedly people who were transformational leaders who led their people to destruction. Used as examples are the cases of Rev Jim Jones and Hitler. In the case of Jones, the leader caused massive Jonestown suicide after convincing his people of the value of his proposition no matter how evil it may be (Krans, B. 2007). Which could be more evil than taking one’s life by the instigation of a leader who is supposed to espouse and value life and on the greatest values on human being? The case of Hitler is too familiar to escape mentioning the same when it comes to leaders who could move their followers to attainment of objectives and goals of the group. Who could imagine that Hitler was able to have the command of his followers to exterminate millions of Jews as to offend the sensibility of human kind? Hitler and Himmler, his fanatical racist and ultimate bureaucrat what able to take control of anti-Jewish initiatives and Hitler was the ideological and political author of the Holocaust (Farmer, 2010). The reasoning behind the criticism is assumption that there is a tendency by the transformational leaders to take advantage of the emotions of the followers who may forget about the supremacy of reason because they have virtually submitted their beliefs and wills to their leader because of their

MSc in Construction Law and Dispute Resolution Essay

MSc in Construction Law and Dispute Resolution - Essay Example Recent years have registered a growing trend of alternative dispute-resolution methods, for instance, mediation, adjudication, conciliation, and various other hybrid arrangements1. This can be attributed to the drawbacks associated with arbitration and litigation, namely, the upsurge in costs, deferrals and hostile relationships between parties. Unfortunately, during the last decade superfluous and increasingly complicated stipulations were incorporated in construction contracts. In general, this involved the addition of numerous alternative dispute resolution methodologies and arbitration divided into redundant tiers2. These apparently more economic and swift alternative dispute resolution techniques only rendered the process more ineffective instead of the other way round. Mediation plays an integral role in determining the conditions of contracts. The exercise of Alternative Dispute Resolution has gained widespread prominence for working out differences in every sphere of life. Du ring recent years legal systems have increasingly adopted restorative justice practices3, this implies that Alternative dispute resolution is even employed for dealing with criminal cases. ... 2. Dispute Resolution Methods Dispute resolution method potentially ensues in the following three outcomes, namely, an agreement (negotiation), compromise (conciliation) or judgment (court or arbitration rulings). The mediation outcome falls under the agreement and cannot legally bind parties to abide by the mediation outcome unlike arbitration or court proceedings5. But to be an ideal solution, the agreement should meet the interests of all participant parties. 3. Categorization Of Mediation Outcome Arbitration comprises a ruling given by a neutral, mutually nominated arbitrator. However, mediation outcome can be classified as a contract6. By taking into account elements that validate a contract, we can notice that in a mediation outcome, the opposing parties exchange informed offers and acceptances in order to determine an outcome. Moreover, consideration and intention to enter into a legal relationship exists so it can be concluded that it is simply not a concurrence of offers and acceptances. Therefore, the mediation outcome meets the criteria of a contract and should not be confused for a judgment which is a legal determination imposed on parties regardless of their consent. 4. Discharging Mediation Outcome The creditor should normally expect a voluntary settlement as regards to the obligation as is the case in normal contracts. However, in the case where the debtor continues to defer the obligation, the outcome will vary according to the commencement of the mediation process. Normally, two hypothetical circumstances exist: 4.1 Parties choose Mediation over Litigation As mentioned before, a mediation outcome is simply a contract; hence, the creditor can utilize the same remedies as are available to a contractor.