Nobody downloaded yet

The Dispute between Shylock and Antonio - Essay Example

Comments (0) Cite this document
Summary
Introduction In The Merchant of Venice, the parties to litigation are in high conflict. One of the parties, Shylock, requires no less than the death of the other, Antonio. There are a variety of reasons for this animosity, but the fact remains that Shylock is not negotiating from a reasonable position…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94% of users find it useful
The Dispute between Shylock and Antonio
Read TextPreview

Extract of sample "The Dispute between Shylock and Antonio"

Download file to see previous pages It is ineffective when one or both parties are bargaining from an extreme position, in that one party either has a high demand and cedes ground slowly, or that one party has a low demand and cedes ground quickly (Carnevale & Pruitt, 1992). Mediation is negotiation between two parties, with a neutral third party guiding the process (Goltsman, et al). Mediation may be successful in traditionally high conflict situations like divorces. That said, it is not successful in divorce cases where one party is unreasonable, one party dominates the other, or one party is unable to approach the issues in a fair way (Gold, 1992). Litigation is the solution when the other strategies fail, and the parties appear before a judge and allow the judge to decide the case (Fox & Nelson, 1999). In this case, Shylock is not rational, is operating from emotion, and cannot approach the issues in a fair way. Because of the nature of the parties, and the conflict of the situation, litigation would be the most appropriate method of settling this dispute. Discussion Negotiation and mediation are both non-coercive actions that help parties come to an agreement (Bercovitch & Jackson). The first type of legal maneuver that will be examined will be negotiation. Carnevale & Pruitt (1992) state that negotiation is basically a discussion between the parties in an attempt to get to a goal. Goltsman et al. state that negotiation may end with one party winning; a compromise; no agreement; or a win-win, where both parties end up with an agreement that leaves them in a better position than if there were a straight compromise. The strategies of negotiation are that one party may concede some ground; one party may contend, in that they try to make the other person concede by stating that they will not concede; or problem-solving, in which both parties work together to find a solution that may be beneficial for both (Chapman, 1996). Carnevale & Pruitt (1992) state that all three strategies are needed to come to an agreement, even if each of the strategies seem to be mutually incompatible. Mediation is another tactic that may be used. Mediation is basically negotiation between the parties, but with a neutral third party guiding the proceedings (Carnevale & Pruitt, 1992). Goltsman et al. state that mediation has an advantage over negotiation only in the situations where conflict is high. If conflict is low, then non-mediated negotiation may produce favorable outcomes with just two sessions (Goltsman et al.). Mediation may be effective, if the mediator is able to make each side see the other’s point of view. A mediator may also make use of a caucus, where the mediator meets privately with either side. Carnevale & Pruitt (1992) states that this is most effective when the parties show a high level of hostility towards one another and a joint agreement seems unlikely. That said, a mediator may be misled by one of the parties, who might make a derogatory statement about the other party, and the other party is not around to rebut the statement. Mediators may be helpful in the negotiation process, as they may help one party realize how to save face; may help them resolve internal disagreements; or may help them talk to their constituents. They may also help the parties reach agreement by adding in incentives for agreement, or issuing threats for non-agreements. They may als ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The Dispute between Shylock and Antonio Essay Example | Topics and Well Written Essays - 2500 words”, n.d.)
Retrieved from https://studentshare.org/law/1393749-the-dispute-between-shylock-and-antonio
(The Dispute Between Shylock and Antonio Essay Example | Topics and Well Written Essays - 2500 Words)
https://studentshare.org/law/1393749-the-dispute-between-shylock-and-antonio.
“The Dispute Between Shylock and Antonio Essay Example | Topics and Well Written Essays - 2500 Words”, n.d. https://studentshare.org/law/1393749-the-dispute-between-shylock-and-antonio.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The Dispute between Shylock and Antonio

Theory of Dispute Resolution - Dispute between Shylock and Antonio (Merchant of Venice)

...the exact factor that resulted in the conflict in the first place. Therefore, ADR methods actually seek to completely eradicate the root cause of conflicts and encourages healthy relations between members of the society; however, assessing Shakespeare’s work of fiction as a legal model the fundamental flaws in the trial are brought to surface. Further examination of the conflict dynamics can also help understand as to how the matter would have been resolved through an alternate method. In the play “the merchant of Venice”, the dispute lies between a Christian merchant Antonio and a Jewish moneylender named Shylock. Before, the establishment of the bond...
11 Pages(2750 words)Essay

Antonio Gaudi

...? Antoni Gaudi: The Nature of Architecture and Number Antoni [Antonio] Gaudi, the Spanish architect and representative extraordinaire of Catalonian modernism, had an innate sense of the geometry and volume of design, as well the imaginative capacity to project this into his work. He rarely carried out detailed plans of his works, preferring instead the use of three-dimensional models. Following natural instincts, he sometimes, to the frustrations of collaborators, improvised. An architectural artist,with a strong intuition and creative capacity, Gaudi conceived his buildings in a global form, attending to the structural solutions both functional and decorative. Using modern decorative tools of ceramics, glass and color of...
7 Pages(1750 words)Research Paper

Antonio Gramsci

...only, and that's why media take into consideration different social opinions and represent different interests. An example can be a republican party which is formed not only by representatives of big corporations, but by a number of middle class Southerners, Christian fundamentalists and representatives of working class. Gramsci developed idea of hegemony on the base of historical events and contemporary political situation at the beginning of the twentieth century. Analyzing failure of European socialist revolutions (in Germany, Hungary, and revolution movement in Italy) Italian communist Antonio Gramsci came to the conclusion that in different European capitalist states bourgeoisie not only relied on the power of the...
15 Pages(3750 words)Essay

Dispute Settlement between States

...DISPUTE SETTLEMENT BETWEEN S: THE IRAN-U.S. CLAIMS TRIBUNAL CASE AND THE LA GRAND CASE Introduction Peaceful settlementof international disputes is considered the main objective in maintaining peace and security as legislated in significant principles of Article 2(3) of the United Nations Charter. The legislation states that all members of the United Nations are to settle international disputes in a manner that shall not endanger international peace, security, and justice. Article 33(1) of the United Nations Charter also discusses direct and peaceful settlement of international disputes where states are to settle their disputes by means...
8 Pages(2000 words)Essay

Antonio Vivaldi

...Your Antonio Vivaldi and Four Seasons: Program Music and Musical Pictorialism Antonio Vivaldi is named as one of the best musicians in the field of classical music. His most famous work is the Four Seasons. The Four Seasons is a series of four concertos which are named after the seasons. He is commonly credited as one of the musicians who paved the ways for romantic music. He is one of the musicians who comprise the commonly identified Baroque musicians. However, he should also be known as one of the musicians who made program music in his time. Vivaldi is not only a genius when it comes to violin playing, teaching or making concertos and operas. He is also an innovator, and also a contributor to music,...
7 Pages(1750 words)Research Paper

Shylock as a Tragic Hero in Shakespeare's Merchant of Venice

...of Shylock as a Tragic Hero Shylock is a very important character in William Shakespeare’sThe Merchant of Venice. His fate is something that needs to be acknowledged as tragic. However, to look at him as a tragic hero in the Aristotelian model would be a mistake. This is so because of many reasons. For one, this play is a comedy and the Aristotelian tragic hero was a part of tragedies. As a result of this, the tragic character is placed at the margins. Shylock is never the hero of the play in the way that Antonio is. Moreover, there is no heroic quality that Shylock displays in the play. Throughout the play, he is involved in Machiavellian plans to lead...
1 Pages(250 words)Essay

Dispute Between Workers Union And Employer

...Case study The case involves a dispute between workers union and their employer over election results for union representations. During one of the union meetings and prior to the elections, one of the organization’s supervisors passed by the meeting point, repeatedly, and the union eventually lost in the elections. The union claims threat of reprisal but the management defends itself from the supervisor’s acts, claiming that the supervisor was just curious about the size of the crowd and attendants’ identities. The management further maintains that the supervisor acted on his own capacity and not as an agent of the organization. The Union has appealed to the NLRB to set aside the election results. If I...
1 Pages(250 words)Case Study

Basic Treatment Plan: Antonio

...Brief Case Summary The presented case is of a 25 year old Caucasian male, Antonio. He has been having sleepless nights following an accident that had happened 3 months earlier and that was causing nightmares. The accident had left his sister badly injured and as he was the driver, Antonio feels guilty and responsible for his sister’s condition. He is withdrawn from his parents and any conversation with them ends up in an argument. Antonio has lost interest in all activities that he was previously involved in before the accident. He no longer finds it necessary to look for a job or concentrate on his career. He is nervous of driving, especially when there are passengers I the car and no...
4 Pages(1000 words)Case Study

Dispute

... Dispute This is an essay explaining the reasons why I deserved a better grade. First, I understand that I was expected to provide an argument against the use of CEDs in education. I believe this expectation was met. Take, for instance, the first and the second paragraph where I clearly explained the effect that CEDs have on the development of analytical skills. The conclusion that I also provided highlights that CEDs render students less innovative. The paper further explored the reasons why rules should be put in place to prohibit the use of ECDs. Specifically in the first and third paragraph where I noted that authorities and institutions must devise rules that control its usage. One internal good that I specifically focused... Dispute...
1 Pages(250 words)Essay

ANTONIO PALOMINO ON VELAZQUEZ

... Antonio Palomino on Velazquez According to Palomino, Velazquezs Las Meninas artwork was a great piece of work that was done in Spain. Several analysts criticized the art while others gave it credit due to the rich cultural meaning behind it. Palomino is among those who appreciated the creativity in the piece of work. The masterpiece in the work starts from the setting of the picture. Palomino argues that the picture was done in an elaborate manner that can only be matched by a competent artist. It contains places that are shown in perspective, accompanied by the intermixing of light and darkness. The painter used the colors cleverly. The pictures communicate vitality. However, Palomino argues that the importance of the image... Antonio...
1 Pages(250 words)Book Report/Review
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic The Dispute between Shylock and Antonio for FREE!

Contact Us