The Future of Londons Museums

The Future of Londons Museums The following research paper investigates the present condition of London’s museums, focusing upon three aspects: their historical development, their present issues and debates, and their strategies for ensuring future survival and prosperity. To ascertain these facts five senior management figures from five leading London museums were interviewed and asked to complete questionnaires discussing the themes mentioned above. The research focuses at much length upon the decision of the present Labour government to introduce free admission to London’s museums and to finance this policy with funds from the National Lottery. Another key aspect of the research was to determine the level of competition posed to London’s museums by European, American and other international museums; further, to discover how London’s museums might raise their performance to match this competition. In addition, another type of competition faced by London’s museums is that of domestic attractions perceived by tourists and the public to be more sensational and exciting than ‘old-fashioned’ museums. Famous examples include the London Eye, Madam Taussards, and the Tower of London amongst others; these attractions fit well with the zeitgeist of modern British youth and it is a major problem for London’s museums as to how they will re-assert their prominence. A third central aspect of the research, viewed both from the sides of museum management and from the government, is the question of the strategies that London’s museums will pursue in the twenty-first century. The survival and success of London’s museums will very much depend upon the decisions made regarding such strategy and its efficacy once put into place. The present research assesses the likely efficacy of such strategies, and the consequences that their implementation will have upon the public’s ‘museum experience’. The results of the research paint double-sided picture: on the side, of optimism regarding the increased admissions figures witnessed since free admissions began, and, on the other side, a gloomy scene dominated by the London museums’ lack of financial support and by the negative consequences of the government insistence of putting attendance figures before a qualitative artistic and cultural experience. Section 1: Introduction Since the foundation of the British Museum almost two hundred and fifty years ago, London has had an international reputation as the museum capital of the world, as the city with the finest collections, the best specialists and the most to offer the fascination of the public. In addition to the British Museum, London can boast the Natural History Museum, the Science Museum, the London Transport Museum, the Victoria Albert Museum and the Theatre Museum amongst numerous other world-class museum-experiences. In their early decades London’s museums flourished through the generosity of private donations and gifts, and through royal and government funding; these ample resources gave museums such as the British Museum unrivalled funds for the construction of magnificent architecture and the gathering of the most splendid specimens and pieces from across the globe. But by the early 1990’s, and reflecting Britain’s changed economic circumstances, London’s museums found themselves in need of considerable new funds to pay for refurbishments and developments so as to keep pace with other museums in the capital cities of Europe and in America. The advent of the National Lottery in 1994, and the terms of its constitution whereby a majority of its funds would go to museums and galleries, apparently offered the very chance to bring about a revival in the fortunes and prosperity of London’s museums. Thus between 1994-2003 more than  £13 billion was given to good causes by the National Lottery and the Heritage Lottery Fund (HLF) (Selwood Davies, 2005: p.3);  £1 billion was given to six hundred museums across the country (Selwood Davies, 2005: p.3). These funds were intended for the construction of new buildings and exhibition halls, and to compensate museums and galleries for the loss of revenue that they would incur once free admission was introduced. A few smaller museums were also enabled to open in London because of grants from the HLF. The next radical step in the recent history of London’s museums came when the Labour Party in their 1997 manifesto, promised that when elected they would introduce free admission into London’s museums a move that it was anticipated would greatly increase attendance from members of the general public. In the event, this prediction turned out to be just right, particularly in the two years immediately succeeding the introduction of free admission. The government minister then in charge of museums in 2001, Estelle Morris, spoke of 2000 as ‘an unprecedented season of openings and flourishing’ (DOC, 2000) for London museums. The year 2000 witnessed nine major construction or refurbishment projects in London’s great museums and a total of  £379 million spent on this ( £193 million of which came from lottery sources) (Selwood Davies, 2005: p.4). The most spectacular of these projects was the construction by Norman Foster of the Great Court at the British Museum costing  £110 million (of which  £47 million was derived from lottery sources) (Selwood Davies, 2005: p.5). All in all, it seemed that the lottery was proving a vital fertilizing force in the rejuvenation and restoration of London’s great museums. This optimism was very clearly reflected in the visitor figures following free admission. In 2001/2002 London museums that had previously received capital funding from lottery sources noticed a staggering rise in visitor numbers of 5.3 million when compared with the 1999/2000 season; in 2002/2003 this figure jumped again to 6.3 million extra visits compared with 1999/2000 (this representing an increase of 89%). In stark contrast London museums that did not receive lottery funding say they annual attendance figure drop by 7% in 2001/02 and 13% in 2002/03 when compared to the 1999/00 season. To take an individual instance, the Victoria Albert Museum witnessed an increase in attendance from 75,773 in November 2000 to 132,882 in November 2001 (this figure even jumped 270% by March 2002). Likewise, attendance figures at the Science Museum rose by 120% and the National History Museum by 74% in the same period (All figures: Selwood Davies, 2005: pp. 6-10). Nonetheless, this stream of incessantly impressive and rising admissions figures masked a major concern unsettling many of the managers and director’s of London’s leading museums. These figures of course welcomed lottery funding as a vital means of rejuvenating London’s museums and making them competitive with museums found in New York, Paris, Berlin and elsewhere. Nonetheless, the advent of free admission introduced at the same time a far greater degree of vulnerability and uncertainty in the financial arrangements and security of London’s museums. It was obvious to museum strategists and directors that a great deal of lottery money would be needed to compensate for the loss of revenue endured once free admission was introduced. Crucially, it would be paramount that lottery contributions of the levels of 2001 would be sustained for the long-term; nothing would be worse that one spectacular year for two of prosperity and massive investment followed by ten or twenty years of under investment and decline. It is recent charge imputed by many museum directors against the government and the HLF directors that they were naà ¯ve in profoundly underestimating the levels of investment that would e required to sustain not only the rejuvenation of London’s museums but merely also their survival. The British Museum alone, for instance, according to its director Neil MacGregor stands to lose  £80 million over ten years from lost revenues and reclaimed VAT. Increased attendance figures are welcomed naturally by all museum directors on the absolute condition that sufficient funds are made available to pay the costs of this increased attendance. Selwood and Davies calculated that since the advent of free admission and 7.3 million extra visitors each of these visitors cost London’s museums on average  £3.56 per visitor  £3.56 extra that has to be found by the museums from non-lottery funding (Selwood Davies, 2003: p.8). Thus free admission has had a bitter sting in its tale, and it may be said that presently a great many of London’s famous museums find themselves in financial difficulties, unable to pay for restorations and improvements; unable to compete with American and European museums for the finest pieces and exhibitions, unable to attract the brightest researchers and curators and ultimately in danger of losing the great reputations that some have nurtured for as long as two centuries. It is clear to all, museum directors and government officials alike, that the present funding arrangements of London’s museums are precarious and that a serious strategy needs to be devised to offer such museums long-term financial security and thus a platform to compete with the other leading museums of the world. This present dissertation conducted interviews, by way of questionnaires with five senior figures from five of London’s leading museums the British Museum, the Science Museum, the Natural History Museum, the London Transport Museum and the V A museum to ascertain their thoughts and attitudes regarding the present state and the likely future state of London’s museums. These senior figures were questioned on their beliefs regarding the lottery funding of museums, on the advent of free admission, on the extent of government funding, on international competition, and on future strategy. The picture that emerges from these interviews is one of profound uncertainty over the future survival and prosperity of London’s museums; buffeted on the one side by the loss of revenue from free admission, and on other sides by the short-fall in promised lottery investment and the present government’s obsession with the quantitative aspect of museum attendance at the expense of the quality of the visitor’s experience. Section 2: Literature Review It perhaps appropriate to preface this literature review with a few remarks about its undertaking. Often when undertaking research that refers to relatively recent events, the researcher finds that the academic world has not yet had time to catch-up in print and publish scholarly books and articles covering these events. With the present research however the proposition was entirely opposite; even though the subjects of lottery funding, free admission and so on are relatively recent, there is nonetheless an abundance of literature dealing with the specific question of the future of London’s museums. The task of the researcher was thus to sift this material so as to isolate its most pertinent and relevant parts. Another unusual aspect of this present literature review is its wide use of government documents and announcements. An overriding theme throughout the present paper is the intimacy of the relationship between the government and museum managers and directors. Naturally, the government perspective upon events is not published through academic books and journals, but by speeches, white-papers, press releases and so on. This research of course made much use of the outstanding museum journals, pre-eminently Curator: The Museum Journal. Of the several articles from this journal used in this dissertation, one was of seminal importance in providing statistical and analytical evidence of the impact of lottery funding and free admission upon London’s museums, this being: S. Selwood and M. Davies (2005) ‘Capital Costs: Lottery Funding in Britain and Consequences for Museums. The article excellently articulates the dilemma that has crept upon London’s museums now that the inadequacy of lottery funding to meet extra visitors numbers has become apparent. There are hints in the above article to possible solutions to the funding crisis facing London’s museums, and these solutions are discussed in greater depth in R. Baron’s ‘Reinventing a State Program for Museum Funding’ (2003). Question marks as to the thoroughness and efficacy in practice of the government’s free admissions policy is raised in several places: Freudenheim’s ‘That Politics Problem’ (2005), Babbidge’s ‘UK Museums; Safe and Sound? (2000) and Sharp’s ‘Controversy and Challenge: British Funding Increases Nationally, But Not to National Museums’ all echo the apprehensiveness and fear felt by many museum directors and staff towards the financial liabilities that would arise in the wake of free admissions (2006). Freudenheim, in particular, highlights a certain naivety in government’s attitude towards the workings of national museums; citing in particular the government’s inveterate insistence upon the increasing of admissions figures no matter what the effects of this upon either museum costs or the aesthetic museum-experience of visitors. The government’s position, and its obvious delight and sense of fulfilment at increased attendance figures since free admission, is given in a number of documents. Principally, the paper London Cultural Capital – Realising the Potential of a World Class City published by the London’s Museums Agency (2004) establishes the governments intentions and strategy towards the future of London’s museums. The paper gives fifteen government policies, under the headers value, access, creativity, and excellence by which the government’s museum strategies will be delivered in future. The government, in association with the National Lottery, has written in several places of its satisfaction at the results of the introduction of the policy of free admissions. In particular, the paper One Year On Visitor Numbers Soaring At National Museums Following Abolition Of Entry Charges published by the Department for Culture, Media and Sport, 1 January 2003 gives a sense of the euphoria and achievement perceived by the government. Also, the paper Two Years On Free Admission to National Museums Draws Even Bigger Crowds again published by the Department for Culture, Media and Sport on 9 March 2003 gives much the same impression. In each of these documents the government stresses its loyalty and commitment to the principle of free admission and to the extension of this principle as far as possible. At the same time, there is little reference in these documents to the nervousness and trepidation felt by museum directors and managers about the future prosperity of the institutions they preside over. It is in this absence of self-criticism, that the reader perceives the origins of the discrepancy between that government’s perception of the financial condition of London’s museums and the reality of their condition. The possible consequences of such as disparity increasing, and of a competition gap widening between London’s museums and those in America and Europe, are well delineated in Cain’s article ‘Museums and the Future of Collecting’ (2005). In short, the extant literature paints the present picture of London’s museums as a time of grave uncertainty with respect to their financial predicament and thus their world-class legacies and reputations. These sources also acknowledge the considerable benefits already brought by lottery funding and free admission, and point also to the great future potential of these schemes; they instil in the reader at the same time a warning that idealism must be checked by pragmatic considerations before London’s museums can attain the future they deserve. Section 3: Methodology The principal method of primary data collection for this research was the interviewing, by way of questionnaires, of several senior figures at five of London’s leading museums. The decision to interview senior management and directing figures, rather than members of the public, had the obvious advantage that the answers obtained would be the specialist opinions of people with an intimate knowledge of the subject matter of the research. Members of the general public, especially those living in London, often show much interest and curiosity towards the subject of the prosperity and fate of London’s museums, but at the same time are not professionals with direct experience of the key debates and consultations. To arrange these five meetings, the researcher wrote fifteen letters to major London museums. Of these fifteen requests for an interview, seven positive responses were returned to the interviewer, of which five eventually furnished the opportunity of an interview. In requesting these interviews letters were sent to the director of each museum, irregardless of the sex, race, or religion of the person. Of the five eventual interviewees, three were men and two women; their ages ranged between forty-one and sixty-three. At the behest of interviewees, all of whom preferred to speak off the record due to the sensitivity of many of the issues of discussion, neither their names nor their titles are given in the final publication of this research. Thus, in the transcripts presented in the appendix of this research, each of the five interviewees are referred to as ‘a senior figure’ and ascribed a coded number following the simple scheme 001-002-003-004-005. This sensitivity, arising from the various present tensions over funding between London museums, the HLF and the government, clearly raises certain ethical questions about the present research. Above all, is it permissible to expose senior figures to possible embarrassment or worse, for the sake of the findings of this research. In answer to this question, the present researcher would say two things: firstly, that explicit consent for every interview was obtained by the researcher before the commencement of each interview, thus all interviewees participated at their own volition; secondly, following Utilitarian principles of seeking ‘the greatest good for the greatest number’, the researcher decided that the possible positive benefits and improved public understanding of the topic that might arise from this research could justify the slight ethical risks associated with the carrying-out of this research. It is a belief of the researcher that by informing the academic community and the public of the chief issues and controversies now affecting London’s museums, that the debate generated from this knowledge will lead to greater consideration on all sides being shown towards the preservation and improvement of London’s world-famous reputation as a museum centre. A number of criticisms may be levelled at the methodology discussed in this section. Firstly, it might be asked, with some justification, whether or not the interviewing of only five museum figures can produce results characteristic of attitudes and opinions of London’s museums as a whole. Naturally, critics might ask how the researcher can infer from the collection of five opinions general trends governing the many hundreds and thousands of senior figures working for the management of London’s museums. Likewise, why does the report interview exclusively figures from museum management and not from the government or from the National Lottery? In response to the first question the reply must be that with limited resources and limited time, it seemed most prudent to the researcher to restrict the field of investigation to a narrow focus, where the results obtained could be subjected to a significant scrutiny and analysis something which resource constraints would have rendered impossible had the field been extended much wider. Moreover, whilst only five persons were interviewed, these figures preside over London’s five largest museums which between them see greater attendance figures and government investment than all of London’s other museums combined. Thus the opinions of the figures interviewed actually are far more representative of London as a whole than would first appear likely. In response to the second question, a similar answer might be given: only museum directors were interviewed because they are the persons with the most intimate knowledge of the matters under discussion. If the present researcher were in future to extend the present research, then the opinions of others outside of museum management would certainly have to be included. As it was, the present report incorporates sufficient expert opinion, to make its findings relevant to the better academic and public understanding of the issues affecting the future of London’s museums. Section 4: Results Analysis The aim of the present research was to investigate the likely future of London’s museums; this research was undertaken by way of interviews with five senior figures from five leading London museums. From the information gained from the literature review undertaken by the researcher it seemed most appropriate to question these museum directors on five main subjects: lottery funding, the advent of free admission, international competition, future strategy and the employment of new researchers and curators. The expectation of the researcher was that the general opinion of these senior figures would have initially been one of welcome to the proposed lottery funding, but that this initial welcome would have turned to mild scepticism in the wake of free admission and the provocation of severe uncertainty following the extra costs incurred by increased visitor numbers and lesser-than-expected lottery investment. What opinions then did these results produce in actuality? (1) Lottery Funding. The five interviewed senior figures unanimously (5 of 5) welcomed the original government proposals to aid London’s and Britain’s museums through funds made available by the national lottery. Museums such as the British Museum, with its newly built Great Court, was given considerable lottery funding amounting to  £47 million (Selwood Davies, 2003: p.3). Museum directors were quick to concede that such developments would have been impossible without these lottery funds or an extremely large, but unlikely, private donation. In short, museum directors were united in their praise for proposed lottery investment. (2) Free Admission. The chief feature of the respondents’ answers to questions posed about free admission were twofold: on the one hand, respondents welcomed the opportunity to open their doors to ever greater numbers of people, thus disseminating cultural and scientific experience as far as possible; on the other hand, words such as ‘apprehension’ and ‘scepticism’ were used liberally by nearly all of those interviewed. What most strongly prompted this apprehension was the ‘twining’ of free admission introduction with the compensation for lost revenue by lottery funding. Directors confided that when allowed to charge admission fees their museums did at least have a degree of self-sufficiency and so could determine their own future strategies and successes. But lottery funding conditioned by the introduction of free admission policies has subjected London’s museums to a profound financial vulnerability and loss of independence. These museums, now depend upon the HLF for often as much a half of their income; if controversies or difficulties arise with the lottery directors or with the ministers directing them, then the museums are forced to abide by outside instruction and policy. Moreover, the great fear that lottery investment would not be sustained appears to have come true for all of the five museums whose for whom senior figures were interviewed for this research. So too, insufficient lottery funding has been made available to compensate for the extra costs incurred by the vastly increased visitor numbers experienced after the introduction of free admission. Interviewees hinted at a certain naivety and lack of preparation on the part of ministers and lottery managers with respect to the projected visitor increases following free admission and the costs that would be incurred by this. (3) International Competition. On the question of international competition there was further unanimity of opinion amongst the senior figures interviewed. Each respondent vigorously asserted that the collections of the museums he or she presided over as a manager were the equal of any equivalent museum anywhere in the world. Managers from the British Museum and the Natural History Museum, not to mention others, could rightly boast that their reputations were pre-eminent amongst international museums. At the same time, three of the figures interviewed (the exceptions presided over specialist museums with little international competition) confided that many American and European museums simply had far better funding and so purchasing-power than their own London museums. For the immediate future, this gap will mean that these international museums will continue to purchase new pieces of exceptional public interest whilst London’s museums will have to remain content with their exi sting impressive but static collections. In the medium- and long-term future, if this purchasing disparity continues then a qualitative difference will emerge ever more clearly between the museums of London and those of America and Europe. (4) Recruitment. When embarking upon the present research the researcher did not anticipate that ‘the difficulty of recruiting new researchers and curators’ would be a major concern to London’s museums regarding their futures. Nonetheless, as the searching through the literature review proceeded and as the topic came into better perspective this problem seemed to be a central concern for several of the major London museums. Specialist museums like the V A and the Theatre Museum do not, according to results, face such problems; but senior figures from the Natural History Museum, the British Museum and the Science museum may all face crises over recruitment in the near future. According to these figures the recruitment of new staff has been a subject neglected by the government in their ceaseless quest for higher admission figures and in ‘measuring the value’ of a museum-goers’ experience. The science museum can no longer attract top scientists and researchers because they are paid so little:  £20,000 as a starting salary, peaking at  £50,000 ( ). Commercial companies and American museums offer far better salaries and improved facilities. If this ‘brain-drain’ continues for much longer, then it may prove to be the greatest of all dangers to the future prosperity of London’s museums. These institutions are sustained not only by their pieces and specimens, but by the care and expertise of their curators and other staff; it is this expertise and the respect that arises from it that gives these institutions their world-class reputations. If this expertise evaporates, then no amount of increased admission or funding or improved strategy will protect the legacies and future prosperity of London’s museums. But towards the re-capture and enticement of these experts the government and the lottery fund seem somewhat blinded; given the extent to which London’s museums now rely upon government funding, it is precisely with the government that the responsibility lies for providing sufficient funding for home-grown and international experts to crave as they used to the opportunity to work in the prestigious museums of London. (5) Future Strategy. The senior figures interviewed for this research are nearly as one when they declare that future strategy has to be built around the attainment of financial stability; this is to be sought through an improved, more efficient and more effective relationship with the government and the HLF. A better balance has to be struck between the government’s ardent desire for ever increased admissions and the practical and pragmatic methods by which these extra admissions, dragging with them their extra costs, will be paid for. If a resolution and balancing is not achieved here then the obvious and inevitable path down which London’s museums must slide is that of ever greater debt and so lesser purchasing-power for new pieces and so a general decline in the standing and reputation of London’s museums. The reality of this predicament is brought home, even as this dissertation is written-up, by the announcement today of the London Theatre Museum (BBC, 2006) that they face imminent closure unless a major cash injection from the lottery fund is received. The alternative strategies are these: firstly, an abrupt about-face by the museums whereby they begin to charge for admission. This path is unattractive as there are numerous legislative, ethical and civil obstacles to this policy’s reinstatement. Another alternative is increased public funding from a source other than the lottery; this however looks most unlikely in the short-term. Thus, setting aside the remote chance that a massive private donation will save them, museums must, in their strategising come to agreement with the government about how extra funding from the lottery may be obtained. In short, the results obtained from this present research point to two things: firstly, that senior figures from the five museums interviewed welcomed in general lottery funding as a means to achieve rejuvenation and restoration; secondly, that this optimism changed to apprehension and tentativeness once it became clear the extent to which lottery funding would be dependant upon free admissions policies. Thirdly, it is obvious from all the interviews, that London’s museums are at a cross-roads and a defining moment in their illustrious history. To the left, is the danger of an ever greater financial disparity caused by increasing visitor figures and inadequate lottery funding; to the right is offered a sound financial structure that will ensure the continuation and prosperity of London’s museums’ world-class reputation. Section 5: Conclusion In the final analysis, it seems most appropriate to say that London’s museums are now at a seminal moment in their historical development a moment of both opportunity and precariousness. The opportunities promised by massive lottery funding at first seemed likely to engender a great rejuvenation of London’s museums; indeed, this new source of funding promised to keep London’s museums competitive with the other great museums of the world for the foreseeable future. The advent of free admission was met with both tentativeness and warmth by the senior figures interviewed by this researcher; apprehension because free admission, and thus loss of revenue from admission charges, meant a far greater degree of dependence upon the government and the LHF and thus greater financial uncertainty. If the new relationship between lottery funding and free admission worked in practice as some had suggested in theory that it would, then London’s museums would have a bright and perhaps glorious future. If, on the other hand, the organization and administration of lottery funding was inadequate or improperly practised then a disparity would open between increasing admissions numbers and the ability of museums to pay the extra costs of these visitors. In the event, both expectations and fears were realised by the introduction of free admission in London’s museums. As the figures cited throughout this dissertation attest, visitor figures rose spectacularly in the wake of free admission. Greater numbers of the British general public and international visitors than ever before were able to receive the cultural and scientific treasures of London’s great museums. Nonetheless, once the honeymoon period had waned, it became clear to many museum managers and directors that insufficient lottery funds were being supplied to compensate for loss of revenue incurred after the dropping of admissions charges and after the increase of visitors also from this policy. In the years since free admission was introduced, London’s museums have acquired ever greater deficits on t

The Scottsboro Trials Essay -- essays research papers

Imagine being a black teenager in the south amid the great depression. It was hard enough for whites to find jobs during this time; I can’t even begin to fathom what it would be like being black seeking a job. Many blacks sought hoboing as a common pastime seeing it as an adventure to get them from one small job to another. And this is where the story of the Scottsboro Boys begins.   Ã‚  Ã‚  Ã‚  Ã‚  Aboard a southern railroad car was a young black youth named Haywood Patterson. He clutched to the side of the car as it careened back and forth over the rusty tracks. Across the top of the car walked a young white man. Every time this man would walk past Patterson he would step on his fingers. Patterson finally said to the man, â€Å"whenever you need to get through, tell me and I will move my hand†.   Ã‚  Ã‚  Ã‚  Ã‚  The young man believed that he did not have to ask someone to move their hands, especially a nigger. This outraged him and he began to shout obscenities and racial slurs at Patterson. Soon after, a stone throwing fight erupted between the white hobos and the black hobos that were riding on the train. All but one white youth was forced of the train by the rocks. This white youth named Orville Gilley was pulled back on. The train itself was picking up speed and Gilley could have gotten killed.   Ã‚  Ã‚  Ã‚  Ã‚  A local stationmaster was told the â€Å"attack† by the white hobos that had been thrown off of the train. This stationmaster wired ahead to the next stationmaster to let him know of the situation. As the train slowed down and came to a stop in Paint Rock, Alabama, those that were accused of the future crime had no telling what they were going to be up against. Once in Paint Rock, 9 black youths were rounded up, tied together and taken to prison in Scottsboro Al. Here the boys were placed in a jail cell awaiting their charges. Little did they know an additional charge was going to be added that never even crossed their minds.   Ã‚  Ã‚  Ã‚  Ã‚  While in Paint Rock 2 young women greeted the Posse that came to round up the men from the train. One of these women (Victoria Price) told the posse that she had been raped by a gang of 12 blacks with pistols and knives (Linder, n.d.).They were escorted into the jail so that Victoria could point out her attackers. Here she claimed 6 of the 9 men had raped her. T... ...oys found their way out of Alabama (Linder, n.d.).Andy Wright was the last to leave Alabama in 1950. Some of the boys wrote books on their experiences. The case showed just how indifferent jurors were in the south during the 1930’s, how two women could ruin the lives of 9 men and how politically minded everyone was involved in the trial. The Scottsboro Trials was the only case in history of the US that produced the most trials, convictions, reversals and retrials. In the end this case allowed juries to be open to blacks and helped to ease racial tensions in both the south and north. Reference List Goodman, J. (1994). Stories of Scottsboro; The rape case that shocked 1930’s America and revived the struggle for equality. New York, NY: Pantheon Books. Norris, C., & Washington, C. D. (1979). The Last of the Scottsboro Boys an Autobiography. Toronto, Canada: Putnam Books. Linder, D.O. (n.d). The Trials of the Scottsboro Boys. Retrieved March 14, 2005, from http://www.law.umkc.edu/faculty/projects/FTrials/scottsboro/SB_acct.html PBS. (1999-2000). Scottsboro Timeline. Retrieved March 27, 2005, from http://www.pbs.org/wgbh/amex/scottsboro/timeline/index.html The Scottsboro Trials Essay -- essays research papers Imagine being a black teenager in the south amid the great depression. It was hard enough for whites to find jobs during this time; I can’t even begin to fathom what it would be like being black seeking a job. Many blacks sought hoboing as a common pastime seeing it as an adventure to get them from one small job to another. And this is where the story of the Scottsboro Boys begins.   Ã‚  Ã‚  Ã‚  Ã‚  Aboard a southern railroad car was a young black youth named Haywood Patterson. He clutched to the side of the car as it careened back and forth over the rusty tracks. Across the top of the car walked a young white man. Every time this man would walk past Patterson he would step on his fingers. Patterson finally said to the man, â€Å"whenever you need to get through, tell me and I will move my hand†.   Ã‚  Ã‚  Ã‚  Ã‚  The young man believed that he did not have to ask someone to move their hands, especially a nigger. This outraged him and he began to shout obscenities and racial slurs at Patterson. Soon after, a stone throwing fight erupted between the white hobos and the black hobos that were riding on the train. All but one white youth was forced of the train by the rocks. This white youth named Orville Gilley was pulled back on. The train itself was picking up speed and Gilley could have gotten killed.   Ã‚  Ã‚  Ã‚  Ã‚  A local stationmaster was told the â€Å"attack† by the white hobos that had been thrown off of the train. This stationmaster wired ahead to the next stationmaster to let him know of the situation. As the train slowed down and came to a stop in Paint Rock, Alabama, those that were accused of the future crime had no telling what they were going to be up against. Once in Paint Rock, 9 black youths were rounded up, tied together and taken to prison in Scottsboro Al. Here the boys were placed in a jail cell awaiting their charges. Little did they know an additional charge was going to be added that never even crossed their minds.   Ã‚  Ã‚  Ã‚  Ã‚  While in Paint Rock 2 young women greeted the Posse that came to round up the men from the train. One of these women (Victoria Price) told the posse that she had been raped by a gang of 12 blacks with pistols and knives (Linder, n.d.).They were escorted into the jail so that Victoria could point out her attackers. Here she claimed 6 of the 9 men had raped her. T... ...oys found their way out of Alabama (Linder, n.d.).Andy Wright was the last to leave Alabama in 1950. Some of the boys wrote books on their experiences. The case showed just how indifferent jurors were in the south during the 1930’s, how two women could ruin the lives of 9 men and how politically minded everyone was involved in the trial. The Scottsboro Trials was the only case in history of the US that produced the most trials, convictions, reversals and retrials. In the end this case allowed juries to be open to blacks and helped to ease racial tensions in both the south and north. Reference List Goodman, J. (1994). Stories of Scottsboro; The rape case that shocked 1930’s America and revived the struggle for equality. New York, NY: Pantheon Books. Norris, C., & Washington, C. D. (1979). The Last of the Scottsboro Boys an Autobiography. Toronto, Canada: Putnam Books. Linder, D.O. (n.d). The Trials of the Scottsboro Boys. Retrieved March 14, 2005, from http://www.law.umkc.edu/faculty/projects/FTrials/scottsboro/SB_acct.html PBS. (1999-2000). Scottsboro Timeline. Retrieved March 27, 2005, from http://www.pbs.org/wgbh/amex/scottsboro/timeline/index.html

Academic Success Factors: Distance Education versus Traditional

Academic settings of distance education courses are distinct from traditional college settings due to its high-tech delivery and facilitating needs of its students. The success rates of each learning arena varies by tempering degrees; distance education students must rely on self-discipline and excellent time management skills while traditional students can use their classes for corresponding reasons. Developing skills for success in distance education and traditional learning environments are up to the students’ abilities to focus on their course work. In turn, the use of college text material, technology, and self-management is essential in varying degrees between each student. Distance and traditional students are required to read course textbooks because textbooks bridge the gap between the learner and the learning experience (Cavanaugh, 2005, p.1). Books remain the number one resource for all students because students must engage in in-depth discussions to sort through materials (Adventist Distance Education Consortium, 2002, p. 4). Implementing technology support such as visual or audio delivery increases distance education learners’ experience (Cavanaugh, 2005, p.1). At the same time, traditional students are experiencing a change in course delivery as well. For example, traditional universities offer online supplement materials for their students- quizzes, email, and video tutorials (ADEC, 2002, p.8). These additions require students to use self-motivation as their learning tools, but this is not the same as distance education learners. Distance learners are responsible for persistence and greater self-discipline because they are not required to physically walk or â€Å"go† to class (Cavanaugh, 2006, p.2). This allotted time is used for other demands such as work, family, or study time. Distance learners are in a state of freedom with boundaries that enable them to learn on their own. Traditional learners are placed in their learning environment that may trigger their motivation to learn, but distance learners must use their resources since their learning environment consists of technology (ADEC, 2002, p.8). Class participation rates are higher in distance education courses because the students have more time to develop well-rounded arguments for instructor’s assignments (Cavanaugh, 2005 p.3). On the other hand, traditional students are required to answer in-class questions at that moment – this triggers some self-consciousness among students (ADEC, 2002, p.8). Distance learners have an advantage over traditional students because of this, but they must seize the opportunity to gather information and articulate in with use of technology (Cavanaugh, 2005, p.3). Traditional students’ ability to physically present their work allows instructors to notice their student’s development over the course. Instructors of distance learners must gather hard data due to the non-facing circumstances. By this, student’s assessments and growth is found through their work (Cavanaugh, 2005, p.4). In conclusion, the success of distance and traditional learners is ultimately the student’s responsibility. Both learners must seize opportunities presented by their facilities to adapt their skills to the situation for greater understanding of their material (Cavanaugh, 2005, p.4).    This is very important that facilities have the appropriate resources available for both students. The distance learner and traditional learner utilize the information given to them; e.g. delivery methods are very important in offering the student adequate support in their academic endeavors (Cavanaugh, 2005, p.4). As stated before, distance education students must use optimal self-management skills for successful results while traditional students must focus attend courses physically for their success. Reference Cites Adventist Distance Education Consortium. (2002) Distance Education Success Guide. Retrieved September 16, 2006 Cavanaugh, C. (2005). Distance Education Success Factors (pp. 1-4). USA: University of North Florida.         

Quantity Surveying in Mechanical and Electrical - Free Essay Example

Sample details Pages: 18 Words: 5274 Downloads: 1 Date added: 2017/06/26 Category Statistics Essay Did you like this example? CHAPTER1: INTRODUCTION In future the proactive and effective manage of cost, contracts, communication and claims à ¢Ã¢â€š ¬Ã¢â‚¬Å" the four Cs- will consistently become more important to developers and facilitators involved in physical structures and properties. Don’t waste time! Our writers will create an original "Quantity Surveying in Mechanical and Electrical" essay for you Create order The Quantity surveyor should understand the challenges and opportunities presented by the needs of client in relation to cost, contracts, communication and claims and perhaps focus their development on the important links between the functions. Changes and developments in the industry and market will also influence the way in which these functions are managed. For those professionals who deliver these services to the industry, the focus should be on client satisfaction and a positive experience for all concerned. Establishing a link in effectively managing the process to ensure success should be the primary aim of the manager. This should be done in close partnership with all functionaries, engaged in the process. Planning, controlling and co-ordinating budgets and cost plans, as well as communicative results will limit claims and facilitate the process of contract management. The contract should also facilitate partnerships and the system should be aimed at satisfying needs, seeking opportunity and perusing growth. CHAPTER 2: AIMS OBJECTIVES OF THE STUDY The main objective of this paper is to study the subject of value engineering (now know as value management) from QS (ME) perspective. Based on the parameters; cost, contracts, communication and claims the value engineering study is done and the challenges faced by the quantity surveyor is also discussed. The objective of the study can be summarized as follows. To study the subject of value engineering and its methodology. To study the value engineering importance in cost management and the quantity surveyors role. To study how the selection of contracts can add value to the project and the quantity surveyors contribution to that process. To study the quantity surveyors communication strategies to achieve the expected value and clients objectives. To study how the knowledge of quantity surveyor can add value (in terms of money, time and effort) during disputes. CHAPTER 3: VALUE ENGINEERING THEORY METHODOLOGY 3.1: Methodology Value engineering methodology evolved in the 1940s when the transition was made from the search for an alternative to the search for means of fulfilling the functions of an alternative. Shortly afterwards it was observed that function-oriented alterations in working methods often result in improving quality along with eliminating unnecessary cost (Palmer et al., 1996). Since its introduction, the methodology has been well developed to be applied in construction industry, as it enables realization of life cycle cost and cost effectiveness of projects (Omigbodun, 2001). VE in the construction industry is mainly an organized effort to challenge the design and construction plans of projects to provide the required facility at the lowest overall costs, consistent with requirements for performance, reliability and maintainability (DellIsola, 1988). Delays in construction projects may be due to lack of meticulously devised plans (Ghorbani and Shokri, 2005) and consequently budget deficit (M irmoham madsadeghi and Aghdami Thani, 2005). Through all-pervasive utilization of the VE methodology such obstructions may be avoided. This judgement is made on the grounds that VE can improve plans and designs along with thriftiness in budget expenditures. Researches (e.g. Mirmoham madsadeghi and Aghdami Thani, 2005) show that this negligence is often due to limited access to experts and lack of knowledge about the method and its benefits (Table 1). One may realize that these two factors may predispose VE teams towards other obstruction factors (Mirmoham madsadeghi and Aghdami Thani, 2005). This obstacle may be surmounted with recourse to artificial intelligence (AI) models. Case-based reasoning (CBR) from AI may be utilized to enhance efficiency of VE study through outlining a model of the expert knowledge for a VE workshop. The inherent analogical nature of a CBR model would facilitate access to more comprehensive and systematically classified information during a VE workshop. Inasmuch as VE in the construction industry encompasses a cognitive process, such a reasoning method could be indispensable and could affirm promising results. Furthermore, classified background knowledge of the knowledge base may enhance the creativity of the VE study team, and transform their creativity to capability from an instinctive behaviour of mind. 3.2: Value Engineering Theory VE may be defined as a creative, organized approach whose objective is to optimize cost and/or performance of a facility or system (DellIsola, 1988). The focal points of the notion are function analysis and creativity. Through defining functions and classifying them, it spots functions with more potential of increasing value. Thereafter with the creative approach alternative ideas would be recommended to replace original design. An established framework for fulfilling assigned tasks of the methodology has been defined as the VE job plan. The job plan is defined through special phases ranging from five to eight in various versions, all following the same concept (Assaf et al., 2000). A typical version, comprising five phases, is selected in this study (Philips, 2003): (1) Information phase: information acquisition, function analysis and selecting areas with poor value for detailed study. (2) Creative phase: generating ideas as an alternative to meet the requirements of an understudied function. (3) Analytical phase: evaluation of ideas and selecting the best practical ideas. (4) Development phase: developing prominent ideas and selection of the best idea. (5) Presentation phase: recommending a VE change and improvement proposal in a most challenging format. Teamwork is an essential phenomenon in the VE job plan, resulting in crossing organizational lines (DellIsola, 1988). The ideal groups for VE should embrace different disciplines (Phillips, 2003): Design groups comprising project engineers, designers, draftsmen and mainly engineers who are responsible for construction. Operators groups comprising supervisors and construction engineers. Experts in costs groups with e.g. cost evaluators and accountants. Development groups comprising construction experts, commercial and financial experts. Organizer groups such as trouble-shooters or construction managers. CHAPTER 4: MANAGEMENT OF COST 4.1: Aims Goals of cost management The basic goals of cost management and pricing of a project or product relate to the link between price and intrinsic value, affordability in relation to needs or investment, and managing the procurement process. The cost managers should therefore understand that they need to work with clients from the very inception of a project, even earlier and then through out the process to ensure the best results. This does not mean that a cost planner or cost manager is a cost cutter, far from it a cost manager should take responsibility ( with designers, client and other roll players) to ensure the interest of the client, community and environment are served ( Ferry and Brandon, 1991:5). Grover Cleveland (cited in Nel, 1992:43) stated the following about the property investment: No investment on earth is so safe, so sure, so certain to enrich its owner. However, one also has to take best value into account as well as to put available funds to best use. This includes gearing, cost design or design to cost, cost planning, cost control, architecture, location environment etc. Sound investment has proven its value, been a safe guard against ill fortune, produced income, provided security and shown itself to be away of producing wealth( Nel, 1992:43). Utilizing funds to best effect will improve these benefits even further. The cost manager needs to understand that the type of construction required for a building will also influenced the performance of the building over time, including the functional performances of the users environment (mole, cited in Venmore- Rowland, Brandon and Mole, 1991:307). The cost managers should be continuously involved from the design to the co-ordination and auditing, to ensure best cost results, specifically in commercial property, where investment is required to yield the best financial returns. Other areas of cost management that need attention are cash flow, the timing of payments, interest rates and the availability of funds at specific times. These aspects also influence the total financial outlay and eventual returns on a property investment. Kenley (2003:3) stresses the potential value of improved and strategic cash flow to enhance the profitability of the construction industry, with the further potential to offer reduced costs to the client and improved contractor performance. Cash flow forecast and management should therefore be part of the cost managers service to ensure that the developers receive the full benefits of pro-active attention. The cost managers (Quantity Surveyors) involved must go beyond a re- active service. It should also include a service that takes the following aspects of value into account. Physical: a quality building Psychological; a pleasant looking building which is good to live in, places of the soul Real quality: cost effective but with specifications that fit the purpose. Durability: taking life cycle costs and whole life cycle costs into account. Design: design to cost, cost design and appearance. Affordability: budget and returns are important. Timelessness: short term fashions as opposed to design that will withstand the pressures of current whims. The cost manager, while communicating alternatives and options to the designers and the client should remember the role of relative quality, affordability, returns, as well as the latters link to design and specification. 4.2: Quantity Surveying and cost management methods and tools Although cost management may be seen as an obvious and simple process, in reality it is not. All aspects associated with a project have a direct impact on costing and how it is managed (knipe et al., 2002: 257). The quantity surveyor is ideally placed to manage this complex process. If the methods are followed correctly and the tools used effectively, cost management may produce exceptional results. 4.2.1: Cost Design This process is based on design aimed at satisfying the parameters dictated by cost, cost of acquisition, operation and management. The process may also be described as cost design where such design is defined as designing a project in economic terms, taking into account the cost and cost benefits of each element of the project in an effort to balance the interrelationship of all cost elements and the reason for its existence ( Knipe, 2002:276; Verster and Berry 2005:20-40). 4.2.2: Value Management Value management is a systematic approach and process earlier referred to as value engineering, to ensure delivery of a function or product at the lowest cost without detriment to quality, performance or reliability (Ashworth, 2004: 409-421; Green 1992). Value management is a continuous process that should occur throughout the project but is most effective when implemented right from the inception of the project. More over, it should also include the following aspects: Orientation: Understanding the issues Information: Identification of functions, needs, budgets, project constraints and timing. Speculation: The creative development of ideas and alternatives Analysis and evaluation: Elimination and filtering of ideas. Development: Examination in detail Selection: The final proposal Conclusion: Presenting the findings to the client. Value management is one of the effective tools available to quantity surveyors who are in a position to play an important role in ensuring that the client and designers actually consider all value and cost related aspects of construction, design specification and development options. 4.2.3: Cost Planning Cost planning is used to ensure that the developer knows in the early stages of a project what the anticipated final cost of the total development may be, including the cost of land, legal issues, demolitions, buildings, professionals, furniture, connections, tax, financing and management. Building cost is only of the items, but the quantity surveyor should include all costs in the cost plan of the final cost. The cost planner should have a clear understanding of cost and budget targets to enable him to adjust the developer about possible future over-runs and pro- actively to provide alternative solutions (Ferry and Brandon, 1991:9). One of the most effective tools that the quantity surveyor uses to assist with the planning and design process is the elemental cost plan. The theory behind the analysis of building costs per element is that the total cost is a sum of the cost of individual so- called elements such as walls, roofs, foundations, etc ( Morton and Jaggar, 1995:41-43). 4.2.4: Cost Control Linked to auditing, cost control is an activity that is aimed not only at reactive reporting of decision results, but also at accounting for the decisions and visions of the client and advising the client how best to achieve desired outcomes (Knipe et al., 2002:257). Cost control happens through out the deployment process, from the briefing stage to completion. 4.2.5: Cost Checking This process is necessary to ensure that the client is always informed about the actual performance of the building in cost terms in relation to the budget or cost plan. The actual cost of each element or section of the building as the detailed designs are developed is checked against the cost target or cost plan, or specific elements in the cost plan( Seeley, 1983:14). 4.2.6: Cost Analysis Cost analysis supports the quantity surveyors service to the client and can provide the quantity surveyor with useful cost information and data. The forms of cost analysis are identified by Ashworth (2002:69), namely; Identification of major cost items Analysis of the annual user cost of building ownership Identification of those groups of items(elements) of cost importance 4.2.7: Cost benefits analysis The aim of cost benefit analysis is to establish the real benefit of expenditure not only in financial terms, but also in terms of time and energy expended by human resources, and the social benefits (Ferry and Brandon, 1991:12-13). 4.2.8Life cycle costing The life cycle costing also known as cost-in- use describes the modelling techniques aimed at coping with the mixture of capital and running cost of buildings and effect on ownership of a building. The quantity surveyor must be very sensitive to the influence of all cost factors so that the client receives advice that is practical, applicable, timely and effectively 4.2.9: Cost reporting The Quantity surveyor must ensure that continuous, accurate cost information, analysis, cost results and cost influences are reported to the client and design team. 4.3: Conclusion Using the above tools, techniques or methods and implementing them effectively will result in a better product at a better price with lower maintenance cost and an increased return potential over a long period of time. Money is the most limited resource and the challenge is to utilize it optimally. Though the quantity surveyor is ideally positioned continuously to play an active role, he should also be more involved in strategic decisions to empower clients even more. CHAPTER 5: CONTRACTS AND THE QUANTITY SURVEYOR 5.1: Aims and goals of construction contract A contract is a document that spells out the rights and obligations of parties and the administration of this interaction while protecting the parties against the risks that emanate from various relationships, action s and production. Many alternative ways to procure contracts exist, but experience has shown that a partnership approach as opposed to a two -sided procurement method is preferable. The secret of success may be in the organization of rights, obligations and administration, in such a manner that mutual support by the parties and effective professional service to the contracting parties are important factors to be included in the contract. Although the legal systems in countries are very specific to each country, there are important aspects that need to form part of any construction contract in any country ensure harmony, the parties understanding o f duties and the effective administration of obligations: Objectives: Offer acceptance and performance Preparation: Documents Design responsibility Agents Site representation Regulations Works risk Indemnities Insurances Securities, guarantees etc Execution: Preparation Access to the works Access to the works Setting out of the works Assignment Nominated and selected sub contractors Direct contractors Completion: Practical, works and final completion Defects liability periods Sectional completion Revision of dates Penalties Payments: Interim payments to the contractor Adjustments Recoveries Final accounts Cancellation: By the employer or the contractor and the rights related to Default and disaster Disputes: Litigation, arbitration, adjudication and mediation. The above headings taken from an agreement show the general terms that should be included in a construction contract, but one needs to remember that many project- specific variables also need to be included in the agreement. The contract documents, apart from drawings and specification, should also include the following: Preliminaries the management of the contract Trade preambles basic standard specifications Bills of Quantities depending on the method of procurement used, but compiled in accordance with an acceptable and agreed standard. Guarantees. 5.2: Procurement options Although the quantity surveyors service is traditionally linked to the production of bills of quantities, the profession has evolved to play a pro-active role in any procurement alternative and contractor selection process. Once the quantity surveyors service, in relation to pre-contract cost advice , is concluded, the very important next service phase of procurement advice and action should be addressed. Basically, procurement can be divided into two main alternatives, these are: Price-in-advance methods Cost-reimbursement methods Various other procurement methods for diverse needs and reasons are used, such as cost plus, construction management, design and manage, and measured term contract. The primary considerations for contractor selection or procurement, however, are the following: the influence of cost, time and design as well as the clients needs and budgets. For this reason, the quantity surveyor may promote the multi-procurement method to enable the client to control the effects of time and cost, continuing to allow space for sustained design, development, effective professional service and contractor involvement. The method relives on producing procurement documents timely, on a provisional basis, based on provisional design information. This enables the procurement of a main contractor who will manage many other selected or nominated sub -contractors who will be procured during the development of the building, as detailed information becomes available. The secret of this method is that mutual unders tanding and a very close working relationship between all role players must exist. The quantity surveyor performs a very important task in the execution of the project. 5.3: Conclusion The proper selection of an appropriate procurement method and the introduction of effective contract terms that will enable the contracting parties to focus on the work at hand should derive from pro-active, knowledge -based advice to the client, taking all aspects and circumstances of the proposed project into account Contracts, ensuring a partnership approach and imposing order on the rights and the obligation in proper manner, generally cover all risks and ensure effective contributions by the client, contractor and professionals. CHAPTER 6: THE MANAGEMENT OF COMMUNICATION 6.1: The goals of a communication strategy 6.1.1: Contract communication Contract terms should be communicated to parties and people involved so that they have no or little doubt about the meaning of words or terms. For this reason, the following aids are used by courts to interpret contracts: Avoidance of absurdity Upholding the contract or clause as opposed to ineffectual or void interpretations Equitable interpretations The intention s of the parties The recitals are subordinate to the operative part of the contract The grammatical meaning of the words used The contract will be interpreted as a whole in respect of the purpose and scope The technical meaning of words The written contract itself as opposed to verbal explanations It is clearly understood that the contract guides the official communication related to rights, obligations and administration of the contract and by all the parties involved. It is therefore important that the quantity surveyor should understand all issues related to contract communications. 6.1.2: General communication In the information era, however, the strategic resource is information, knowledge and creativity. There is only one way a corporation can gain access to these valuable commodities through people its most important resource (Naisbitt and Aburdene in Puth, 1994: 25) The above quotation illustrates how important it is to work with people, not only informally but also formally by means of contract documents, and in the process communicate well with them. People are the most important resource and thus the most important aspect and source of success. 6.2: Communication using management and leadership methods While contract communication is generally used as a formal and official communication method to ensure that the rights and obligations of parties are protected and enforced, management and leadership communication, as an approach or method, are very important elements in ensuring results. 6.2.1: Management communication Management communication is the number one problem in business today. While technology has advanced in leaps and bounds, managers and academics understanding of the substance of the process. Communication is seen as the life-blood of organizational management; therefore, the manager and professional must have an adequate knowledge of the nature and role of communication although it is difficult to do well or understand the influence of communication (Ewing in Puth, 1994: 3). The effective communicator should have a well-founded understanding of substantive transformation as a basic approach. Management is inherently a problem-solving job ( Whetten and Cameron in Puth, 1974: 109), indicating the importance of communication while obvious criteria for solving problems are expertise, knowledge, skills and experience , using sound management principles to transmit function -and- outcome expectations. 6.2.2: Leadership communication Leadership is based on communication. Leaders communicate not only information, but also attitudes and assumptions (Emshoff and Denlinger in Puth, 1994: 146). Since professionals often find themselves in leadership positions where clients and other parties rely on their expertise and skills, the professional must also be able to communicate and be concerned with: Coping with change Understanding competition and markets Be able to inspire followers Be a good example and influence people to achieve goals Emshoff and Denlinger in Puth (1994: 147) suggest that many corporations today are over-managed and under-led. Professional leadership is needed and should be the concern of all professionals. Autry and Mitchell (1998: 214) suggest that a wise leader should embrace the paradox of: By not forcing, he leads By not dominating, he leads By not leading, he leads Leadership asks for communication with subordinates, partners, professionals and other functionaries. Leadership is expected of any professional because of his position, knowledge and pro-active service. The lessons to be learned from the above are that communication is not forceful, not dominating, but accommodating. 6.3: Conclusion Colin Bower warns against a specific form of leadership, in his words: Leadership is never a neutral value à ¢Ã¢â€š ¬Ã¢â‚¬Å" far from it, it polarizes and divides he continues the cult of leadership is not more than the most thinly and inept disguised cloak of tyranny. He argues that we do need leaders in battles and expeditions, but because of these times, it should not mean that they are always needed and that leaders fudge issues and paper over cracks by substituting evangelical qualities for good organization, agreed objectives and rational propositions. He concludes with an idealistic picture of competent individuals acting as his or her own leader (Bower, 2005: 2). It remains clear that leadership could be all of the above, but that effective communication and partnerships with individuals may lead to success. CHAPTER 7: MANAGEMENT OF CLAIMS AND DISPUTES 7.1: The goals of claims and dispute resolution The goals o f claim and dispute resolution are firstly to establish the right of any party to submit a claim, and secondly to enable the other party to consider the claim in terms of its validity, contractual terms and possible outcome. Lodging or considering a claim do es not mean that a dispute exists, but should the rejection of a claim occur, a different interpretation of a claim exist, a difference of opinion obtain, one has to note that a dispute may then be lodged. Dispute resolution should then assist the parties in resolving such an impasse in a cost effective, satisfactory and timely manner. 7.2 The methods used to resolve disputes For the purpose of this paper, the methods to be discussed are cancellation, adjudication, mediation and arbitration. 7.2.1 Conciliation In an effort to resolve a dispute, satisfactory results are never guaranteed, not even in a court of law. It is therefore perhaps important to use inexpensive ways and methods to try and resolve a dispute. Results have shown that conciliation does have a remarkable measure of success in regard to solving differences before they can become disputes. The parties decide who the conciliator will be. The conciliator should, however, be a person with good communication skills and knowledge. The objective is to bring the parties together in a forum to investigate their contentions and assist the parties to formulate their own settlement, by indicating the consequences. Improved communication should be ensured through joint and separate meetings. The conciliator may also be requested to formulate an own opinion. In the end, parties are still left with the option to continue with litigation or arbitration. Conciliation, however, has the following foci and advantages: Control the parties control the process Consensus the parties aim at the best commercial solution Continuity the relationship will continue Confidentiality- no harmful public exposure The following diagram illustrates the difference between litigation and all ADR (Alternative Dispute Resolution) processes: The quantity surveyor, with good communication skills is ideally positioned to play an important role in respect of conciliation because disputes usually revolve around payments, valuations, certificates and penalties. 7.2.2: Adjudication Adjudication is an accelerated form of dispute resolution in which a neutral, impartial and independent third party deals with the dispute as an expert and not as an arbitrator, and whose determination is binding unless and until invalidated or overturned b y an arbitration award. The adjudicator shall not give advice to the parties or their representatives concerning any aspect of the Agreement in respect of which he has been appointed other than in accordance with stated Rules[Joint Building Contracts Committee (JBCC) 2005 4.1 Adjudication rules, cl. 1.1, 3.2] The procedure may be as follows: Either party shall submit full details of a dispute arising in terms of the agreement, together with copies of all relevant documents The other party may submit a written response The adjudicator shall: act as an expert and not as an arbitrator adopt the most cost and time -effective procedure The adjudicator may also: convene and conduct a hearing determine the payments and costs of the dispute on the basis of the submitted documents only meet with the parties decide on his own jurisdiction make use of specialist knowledge open up documents related to the dispute refuse admission to any persons other than the parties It is important to note that a n adjudication award is not binding on the parties, but is most definitely a process that will limit the costly processes of arbitration and litigation. Quantity surveyors and cost engineers are ideally positioned to play a very active role in adjudication. 7.2.3: Mediation Mediation means different things to different people, but in the construction industry, it usually denotes a procedure in which a neutral third party seeks to resolve a dispute between contracting parties, by conducting an enquiry, similar to arbitration, but less formal and by giving a non -binding opinion. The parties represent themselves without calling in legal professionals. The mediator should know the details of the dispute and should give each party the opportunity to state their case. The mediator should decide which procedure is the best, based on circumstances. Quantity surveyors often perform mediation tasks for clients or other parties, be it informal as a quantity surveyor mediator or formal by appointment. However, in terms of many contracts (JBCC series 2000, Ed. 4.1), the parties shall agree on the appointment of a mediator and meet with the mediator in an effort to reach a settlement. If a settlement is reached, the mediator shall record such an agreement which shall become binding on the parties on the signing. 7.2.4 Arbitration In some countries, arbitration is a process provided for by an act of law, adopted by parties through mutual agreement stipulating that they will submit any dispute that may arise between them to the impartial judgement of some third party of their choice and that the award by this impartial person will be final and binding. Arbitration is not a new process; in fact, it was know n to the Romans, used by the Dutch and English in the days of colonial expansion and is currently widely used in the construction industry and further a field. Arbitration is a more formal process than the dispute-resolution processes mentioned earlier, but arbitration has many advantages. Some of these are: Expert knowledge of a selected arbitrator possible savings in legal representation costs Flexibility of the process The decision is final and binding Time and money are saved Arbitration is a private matter Quantity Surveyors perform or can perform an important role in arbitration, as cost advisor, expert, representative, witness or even arbitrator. 7.3: Conclusion A knowledgeable professional, utilizing the claim- and dispute -resolution met hods available to best effect, may assist the parties by means of these methods, to save money, time and effort. Quantity surveyors may be in a good position to assist the parties and professionals in this manner, because of their knowledge and skills in relation to determining costs, tariffs, rates, prices, certification, contract terms and contract related communication. Chapter 8: References 1. Ashworth, A. 2002. Pre-contract studies: Development economics, tendering and estimating. 2nd Ed. Oxford: Blackwell. 2. Ashworth, A. 2004. Cost studies of buildings. 4th Ed. England : Pearson Prentice Hall. 3. Autry, J.A. Mitchell, S. 1998. Real Power: Business lessons from the Tao Te Ching. New York : Riverhead . 4. Bower, C. 2005. The myth of leadership needs to be debunked. Business Report, November 5. Browning, D.C. 1982. Dictionary of quotations and proverbs. New Jersey: Chartwell books. 6. Computerized system for application of value engineering methodology. ASCE Journal of Computing in Civil Engineering, 14(3), 206à ¢Ã¢â€š ¬Ã¢â‚¬Å"14. 7. DellIsola, A.J. (1988) Value Engineering in the Construction Industry, 3rd edn, Smith Hinchman Grylls, USA. 8. Emshoff, J. Denlinger, T. 1994. Beyond management: mastering the art of leadership. In :Puth, G. 1994. The communicating manager. Pretoria: Sigma Press. 9. Ewing, D. 1994. Communication and management. In: Puth, G. The communicating manager. Pretoria: Sigma Press. 10. Ferry D.J. Brandon, P.S. 1991 Cost planning of buildings. 6th Ed. Great Britain: BSP Professional Books. Ghorbani, A. and Shokri, A. (2005) Value engineering and management of claims in construction projects. Paper presented at the 2nd National VE Conference, Tehran, Iran, November. 11. Havard, T. 2002. Contemporary property development. London: RIBA Enterprises. 12. Joint Building Contracts Committee (JBCC), 2005. Principal building agreement. Houghton: Joint Building Contracts Committee Inc. (Series 2000 Code 2101), March. 12. Joint Building Contracts Committee (JBCC), 2005. Adjudication Rules: for use with the JBCC Principal Building Agreement Nominated / Selected Subcontract Agreement. Ed . 4.1, cl. 1.1, 3.2, 6.0-7.0, Houghton: Joint Building Contracts Committee Inc. (Series 2000 Code 2109), March. 13. Kenley, R. 2003. Financing construction: Cash flows and cash farming. London : SPON Press. 14. Knipe, A.,Van der Waldt, G.,Van Niekerk, D., Burger, D. Nell, K. 2002.Project management for success. Cape Town: Heinemann . 15. Mirmohammadsadeghi, A. and Aghdami Thani, M.R. (2005) Studying obstacles in utilization of value engineering in construction industry of Iran. Paper presented at the 2nd National VE Conference, Tehran, Iran, November. 16. Mole, T. 1991.Building Maintenance policy: Nebulous nevertheless necessary In: Venmore- Rowland, P., Brandon, P., Mole T. Investment, Procurement and Performance in Construction. Proceedings of the First National RICS Research Conference held at Barbican Centre, 10-11 January 1991. London: E FN SPON. 17. Morton, R. Jaggar, D. 1995. Design and the economics of building. London : E FN SPON. 18. Naisbitt, J. Aburdene, P. 1994. Task management to people management. In: Puth, G. The communicating manager. Pretoria: Sigma Press. 19. Omigbodun, A. (2001) Value engineering and optimal building projects. ASCE Journal of ArchitecturalEngineering, 7(2), 40à ¢Ã¢â€š ¬Ã¢â‚¬Å"3 20. Palmer, A., Kelly, J. and Male, S. (1996) Holistic appraisal of value engineering in construction in United States. ASCE Journal of Construction Engineering and Management, 122(4). 21. Nel, N. 1992. Think Tall: Real estate has created more wealth than gold, diamonds or any other investment. Pretoria: Executive Living. 22. Peter, L. 1991. 5,000 Gems of wit and wisdom: Memorable quotations for all occasions. London: Treasure Press. 23. Philips, M.R. (2003) Manual for 40-hour; Module-I; Value analysis training workshop, Value Management International, Tehran, Iran, February. 24. Seeley, I.H. 1983. Building economics: appraisal and control of building design cost and efficiency .3rd Ed. London: MacMillan Press. 25. Whetton, D.A. Cameron, K.S. 1994. Communication, problem solving and decision making. In: Puth, G. The communicating manager. Pretoria: Sigma Press, p. 109-123. 26. Willis, C.J., Willis, J.A. Ashworth, A. 1996. Practice and procedure for the quantity surveyor. 10th Ed. London: Blackwell Science.