Category: Problem Solving

Case Brief

Provide a piece of advice to Mr A who believes that he had concluded a contract with Mr B to purchase a one-third interest in D Pty Limited (which is owned 1/3 by each of Mr A, Mr B and Mr C) from Mr B. Mr B has told Mr A that he has sold his 1/3 interest to Mr C. However, Mr A tells you that he believes an agreement between Mr A and Mr B to purchase the interest had already been reached as a result of three emails exchanged with Mr B. In the first email, Mr A sent Mr B a draft agreement (an attachment) prepared by a lawyer on a ‘without prejudice’ basis.

In the second email, Mr B emailed Mr A back indicating that the “provisional agreement” received “looked ok” subject to clarification of a term in the document namely the valuation of part of an asset owned by D Pty Limited and he asks Mr A to clarify that term.

In the third email, Mr A responded fully to Mr B’s query answering the request for information fully. Mr B did not respond to this email, but Mr C tells a third party that he understands that Mr A and Mr B “have a deal” and Mr A hears this from the third party. Mr A is subsequently told by Mr B that he, Mr B, has sold his 1/3 interest to Mr C. Mr C then approaches Mr A and offers to sell the two 1/3 interests to Mr A for a nominated price. Mr A responds to Mr C that he is already entitled to the 1/3 that was held by Mr B. Mr C responds that at a Board Meeting of D Pty Limited, to which Mr A was invited but did not attend (and which took place before the email correspondence), it was resolved that Mr B should sell his interest in D Pty Limited to Mr C who was authorised by the Board to offer to sell both interests to Mr A. Mr A then purports to accept Mr C’s offer but Mr C states that Mr A has rejected the offer (through his response that he is ‘already entitled to it’) and that the offer is therefore no longer open and Mr C intends to purchase the interest from Mr B in his own right.

Mr A Claims to an Enforceable Contract with Mr B.

A contract is defined as an agreement that leads to obligations of the parties to the agreement, such obligations are recognized by law It is a desire to be bound by the terms of an agreement once an offer has been made and the acceptance to the terms of the offer are communicated (Richards, 2007, 3).

In the case of Mr A no contract was concluded between him and Mr B as there was no consideration. Communication through emails amounts to instantaneous communication the rule of communicating offer and acceptance through mail apply. To address all the above issues, it is important to verify whether or not the contract fulfilled the essentials of a contract.

The most important as well as essential elements of a contract include:

Offer

An offer is a manifestation of one’s willingness to enter into a predetermined bargain proposed in exchange for consideration (Richard, 2007, 4). In order to amount to an offer, it must be shown that the person making the offer had the intention to be bound by such a proposal (McKendrick 2000, 26-42). This was established in the case of Harvey v Facey UKPC1, Carlill v Carbollic Smoke Ball Company 1 QB 256. The first email by A to B amounts to an offer as one party conveyed the message with the intention that he would be bound by it. A also made an effort to communicate this information to the other party, B, satisfying the requirement that an offer has to be communicated.

An offer has to be communicated as was stated in the case of Taylor v Laird (1856)1H &N 266 (McKenderick, 2000, 31-42). In the case, it was held that a telegraph inquiring about the lowest price for goods was just a response to a request of information. Only the final telegraph between the parties was the contract’s offer and acceptance (Legal Norms 1981, 2).

An offer must be separated from an invitation to treat (Poole, 2001.24-39). An invitation to treat is merely showing a willingness to engage in negotiations whereas an offer amounts to a willingness to enter legally binding obligations (Furmstone, 2001, 27). This was illustrated in Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Limited (1952) 2All ER 456. The second email from Mr B to Mr A was an email requesting for further information was a mere invitation to treat. Mr B showed a willingness to engage in the negotiations.

The rule without prejudice allows parties to a contract to communicate with the aim of genuinely resolving any misunderstanding in the future and such communication should be confidential. This is a measure to ensure that any communication between parties to a contract is not referred to in any court proceedings in case a dispute erupts. The without prejudice rule is justified for two reasons, one, it aims to allow the parties to a contract to transact business with confidentiality. The parties can make offers without the fear of the public prying into the transaction. This allows parties to resolve disputes without engaging the courts.

The second reason is that, if the parties to a contract agree that the rule should apply, either agree expressly or impliedly, it is said that a contract arises. Once a contract is formed the parties are prohibited from disclosing any information about the contract to a third party. This was established in the case of Barneston v Framlington Group Ltd & Another ECWA civ 502. The email sent by Mr A to Mr B marked without prejudice allows the statement made by Mr A cannot be used against him in any other future business deals or even in court proceedings.

Acceptance

Acceptance is defined as the final expression of agreeing to all the set terms of the offer. Acceptance has to be communicated to the other party to make the acceptance valid. The communication can either be in writing, oral or is inferred by a party’s conduct (Furmstone, 2001, 52-61, Boale, 2001, 48-60). Mr B failed to communicate his acceptance or rejection of Mr A’s offer. The second email was a mere request for further information. Silence, therefore, does not amount to acceptance, acceptance must be communicated.

The mode of communicating the acceptance is very important to validate the contract (McKendrick, 2000, 42-51). In the case of Tinn v Hoffman & Co. (1873), 29LT 271 the terms set were that a fast method of communication should be used to communicate the acceptance.

The postal rule was established in the case of Adams v Lindsell (1818) 1B & Ald 681 states that an offer is only deemed as accepted as soon as the letter of acceptance is posted (McKendrick, 2000, 47-51). It be noted that in some instances courts have in the past refused to extend the postal rule to acceptance by telex (Poole, 2001, 49-54. In Entores v Miles Far East Corp (1955) it was held that instantaneous communication was not subject to the rule. In such cases, acceptance can only occur once the telex is read. In the case of Brinkibin v Stahag Stahl (1982) where it was held that the contract is only formed once the communication is received. In the case of Entorres it was stated that instantaneous means of communication are as good as being in each other’s presence. The argument was developed further in other cases. Modern day means of communication can therefore be said to be instant in nature such as emails.

In today’s modern world and with the constant application of technology to communication there is sufficient reason for one to believe that the postal rule applies by extension to emails as in the case above between Mr A and Mr B. Emails as a means of communication, acceptance is incomplete until it is received by the offeror. Although an email message is as instant as a telegraph or telex it does not signal its arrival on the other end like a telex does. There is the issue of the legal requirement that a contract has to be in writing and sealed with the parties’ signature. Under common law, it is provided in statute that a contract is deemed completed without the party’s signature or the contract in writing but in practice all contracts have to be in writing and signed. Mr B sends a second email requesting for more information does not amount to acceptance yet but an invitation to treat. The second email stating the provisional contract looks ok and requests for valuation of the assets. This proves a willingness of the party to enter a binding contract with Mr A. There is no specific statute regulating e-commerce at the moment. The fundamentals of contract law still apply to e-commerce. Mr A has no enforceable contract with Mr B therefore he is not entitled to his interest in the company.

Acceptance can only be by the party the offer has been intended for. The offeree cannot be liable if an unauthorized person accepts the offer on his behalf. A third party cannot therefore communicate the acceptance without permission to do so. Therefore, in the above case the only person who can accept the offer by Mr A is Mr B. Mr C as a third party was not authorized to do so and any communication by him would not amount to an offer.

Legal purpose

The purpose of getting into a contract must be for legal reasons. A contract entered for illegal reasons or an act that is illegal is invalid.

Mutual obligations

Also referred to as ‘meeting of the minds’. To have mutual obligations refers to the parties to the contract common understanding and as well as agree to the terms of the agreement. The parties to the agreement have to agree to the very same terms, at the same time (Restatement of contracts, 1981, 24).

To determine the meeting of minds essentials elements to a contract are analysed objectively. This was the holding in Capeland v Alsobrook (1999) SW 598. Intention that fails to be expressed is irrelevant in determining whether there was an agreement to the terms of the contract. Courts only examine the communication between the parties and the circumstances surrounding the communication. Both the offer and acceptance must be clear as well as concise.

Where the meeting of minds of the parties is in question, the question of fact to be clarified is the establishing of the fact that a valid contract is in place. Once it is established that one party to the contract drew was made to believe otherwise from the other’s party’s conduct, then such an act has the full backing of law (Beatson, 2002, 289).

Certainty of the Subject Matter

A contract is said to be legally binding only if the terms are sufficiently defined and determined to enable the court of law to understand the parties’ obligations under it. Therefore, the material terms set in the contract have to be agreed upon before they can be enforced. The second email from Mr A to Mr B contained all the answers to Mr B’s questions pertaining to the valuation of the subject matter, therefore, Mr A had verified the subject matter of what the contract subject matter would.

Consideration

Consideration is the exchange of a bargain in return for a future promise. It consists of either a benefit to the promises or a detriment to the promise (Treitel, 1999, 123). It may be a right, a profit or interest and in case of a forbearance a loss is incurred.

Competent parties

Parties to a contract must be competent and authorized by law to enter into such contracts. Persons of sound mind and of age (Smith, 200, 123).

The Key Issues in Relation to Such a Contract

The mode of communicating the acceptance is very important to validate the contract (McKendrick, 2000, 42-51). Unless the offeror specifies how acceptance should be conveyed as in Tinn v Hoffman & Co. (1873) 29LT 271. Mr B failed to communicate his acceptance effectively to Mr A In case of a lapse of an offer it would amount to a revocation of the offer (Furmstone, 2001, 67-69).

Mr B mode of acceptance was not as clear and as concise as the offer was. Acceptance was by implied conduct. Mr B acted in a manner suggesting that he had accepted Mr B’s offer to buy his one-third interest in D Pty Ltd. This is further attested to by Mr C when he states that ‘they have a deal’ regarding Mr B and Mr A.

The second email was an invitation to treat and not an acceptance by Mr B. A communication requesting for more information from the other party. This was clearly seen in the case of Harvey v Facey (1893) AC 552 where it was held that a telegraph inquiring about the lowest price of the goods was just a response to a request for information.

A lapse on the offer of Mr A to Mr B lapsed as within the ordinary cause of business the contract was not concluded unreasonable time. The offer lapsed on the effluxion of time.

In the case of Felthouse v Bindley, it was established that silence does not amount to acceptance. Acceptance must be communicated to be effective; therefore, Mr B had the obligation to communicate the acceptance.

Can Mr A argue that he has an enforceable contract with Mr C

The first time Mr A communicated his offer to Mr B the email was on ‘without prejudice’ basis. A without prejudice communication is intended to be part of the settlement negotiations. Then no rights or privileges of the parties will be lost. Since the contract was not concluded, he has no obligation to enforce it he, therefore, has the capacity to enter a contract with the other shareholder of D Pty Limited Mr C. Mr C made Mr B an offer to buy his interest in the company and Mr A made a counteroffer revoking the first offer that he is already entitled to Mr B’s interest to the company. When Mr A stated that he ‘was already entitled to it’ Mr C’s offer was not accepted. Such a comment by the offeree amounts to a rejection of the offer. When the parties meeting of minds is in question, elements of the contract are analysed objectively. This was the holding in Capeland v Alsobrook (1999) SW 598. An intention that fails to be expressed is irrelevant in determining whether there was an agreement to the terms of the contract (Monalan, 2003, 43). Courts only examine the communication between the parties and the circumstances surrounding the communication. Both the offer and acceptance must be clear as well as concise.

In the case of Empirnall Holdings v Machon Paull the court held that under the given circumstance’s acceptance was by silence since the offeree was enjoying the benefits that come with the offer fully aware of the terms of the offer.

Relevance of the Board meeting that Mr A failed to attend

The absence of a shareholder’s agreement among shareholders of a company is a major obstacle that often leads to disputes relating to matters such as how the company is run, how the company is valued or the company’s source of funds. Since D Pty Limited does not have a shareholder’s agreement there is no shareholders voting threshold (Turner,2000, 65). Common issues such as the sale of the business, making of major decisions, bringing on board new shareholders and so on is decisions that in the case is left on the companies’ board (Bishop, 2011, 13). The board has the obligation to run the company and not the allocation, purchase, and sale of shares. In the absence of a shareholder agreement only the shareholders by virtue of ownership of the unit of ownership therefore only can decide on the company’s ownership. The board meeting has no authority to make decisions on the allocation of shares.

A shareholder agreement on a typical basis covers three major areas between the shareholders financially the firm’s decision-making process as well as the mechanisms in place for transfer and sell of shares (Master & Joshua 2011, 3). The practice has shown that a board of directors who are elected to manage the affairs of the company. The board of directors have the legal authority to make decisions for the company (Master & Joshua 2011, 14). Mr A failed to attend the meeting and the board is authorized to decide of such magnitude that Mr A must abide by the board’s decision as well all the other shareholders. The shareholder’s agreement governs the relationship between the shareholders and their rights. A shareholders agreement provides for the rights of the company shareholders as well as enforcing such rights against each other. In the absence of such a document, the shareholders can only enforce their rights against each other. Therefore, Mr A and Mr B can have an agreement about the transfer of shares. Therefore, the board cannot decide for the parties who can transfer shares and who cannot.

Actions Mr A should take

Shareholders in a company that has put in place the above documents are liable only jointly and severally. In the absence of such documents, the company exists as a partnership rather than a company therefore the partners cannot be separated from the company. All the partners are therefore liable for the company. Since D Pty Company does not have these documents then the shareholders are partners and therefore, they are liable jointly and severally. Mr A can seek legal redress by suing both Mr B and Mr C.

Mr A has no enforceable contract with Mr B therefore he is not entitled to Mr B’s interest in the company.

The Doctrine of Privity of contract

Under common law, this doctrine provides that only parties to a contract can enforce their rights arising from the contract. A third party who by execution of the contract acquires benefits from it has no right whatsoever to enforce such a contract (Kincaid, 2001, 243-269).

Only parties to a contract can sue to enforce their rights under the contract or sue for damages under the said contract (Stone, 2001, 56-63). A third party who accrues benefits from the said contract can only sue under tort law if their rights have been violated. This was established in the case of Donoghue v Stevenson where it was established that a party to a contract has a duty to 3^rd parties. Mr C is not a party to the contract, he can be regarded as a beneficiary third party to the contract. He, therefore, has no authority to enforce a right or an obligation emanating from the party. He cannot communicate the acceptance by Mr B to Mr A.

Consideration is considered enforced once the one making a promise for an act in the future fulfils it to the one the promise was made to (Gava, 2006, 253-269). Therefore, in the above scenario only Mr A can enforce his promise to Mr B. The parties to the contract are under the obligation to perform their duties under the terms and conditions set in the contract (Naragan, 2008, 3). Only the parties in the contract have the right to enforce it. Only the two shareholders, Mr A and Mr B have the authority and obligation to enforce it.

References

Beatson. P. (2002) Anstons Law of Contract. 28^th Ed. Oxford University Press.

Boale, H.G. (2001) Contract Cases and Materials. 4^th Ed. Butterworths: London.

Bishop, M. (2011) How to Prepare a publishing Business for Sale. Nd. In Publishing Magazine.

Furmstone, M.P. (2001) Cheshire, Fifoot and Furmston’s Law of Contract. 14^th Ed. Butterworths: London.

Gava, J. (2001) ‘’Can Contract Law be justified on economic grounds’’. 25^th Ed. University of Queensland Law Journal.

Kincaid, P. (2001) Privity: Private Justice or Public Regulation. Ashgate Publishing: Aldershort.

Legal Norms, (1981) Offer & Acceptance. Web.

Naragan, S. (2008) Privity of Contract, JurisOnline. Web.

Master, A & Joshua, Z. (2011) What should go into a shareholders agreement. Physician’s News Digest. Web.

McKendrick, E. (2000) Contract Law. Basingtoke: Macmillan 4^th Ed.

Monalan, G and Carr-Gregg, S. (2000) Essential Contract Law.Nd.

Poole, J. (2001) Casebook on Contract Law. 4^th Ed. London: Blackstone.

Richards, P. (2007) Law of Contract, 8th Ed. Pearsons Edu.Ltd: Harlow.

Smith, J. C. (2000) Smith and Thomas: A Casebook on contract. 4^th Ed. Butterworths: London.

Stone, R. (2001) The Modern Law of Contract. 7^th Ed. London Taylor and Francis

Treitel, J. (1999) Law of Contracts. 10^th Ed. Sweet & MaxwellStevens & Sons. Web.

Turner, C. (2001) Australian Commercial Law, 28^th Ed. Lawbook Thomson Reuters.

List of Cases

1. Adams v Lindsell (1818) 1B & Ald 681.
2. Capeland v Alsobrook (1999) SW 598.
3. Carlill v Carbollic Smoke Ball Company 1 QB 256.
4. Entores v Miles Far East Corp (1955).
5. Harvey v Facey UKPC1.
6. Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Limited (1952) 2All ER 456.
7. Barneston v Framlington Group Ltd & Another ECWA civ 502.

Problem solving is a powerful practice because it addresses different challenges in life. My problem solving skill set can make it easier for me to deal with various obstacles and difficulties. However, the skill step has a major gap that requires immediate improvements.

The gap that required some improvements is “Defining and Gathering Evidence”. This paper develops an actionable plan that can be useful towards improving the above gap in my problem solving skill set.

Recognize and Define Problems

The first step towards a successful problem solving practice is being able to understand the targeted issue. My first objective is learning how to recognize various problems. This strategy makes it easier for individuals to find the most appropriate means for addressing every challenge.

This step also analyzes the nature of the targeted problem. The person solving the problem must prioritize the issues surrounding the problem. It becomes easier to solve a clearly understood problem. This strategy will become a critical aspect of my future problem solving skill set.

Gather Relevant Evidence

The next action plan is gathering the correct evidence based on the identified problem. Individuals must analyze every underlying assumption. Professionals should use appropriate languages in order to improve their levels of communication.

This step will focus on the facts and issues associated with the problem. Individuals should gather the required information using both qualitative and quantitative methods. Such methods will present the required data and facts. The practice will become a critical aspect of my future problem solving strategy. The targeted evidence and information will determine the success of every problem solving process.

Interpret Data

The other useful step is learning how to interpret data accurately. This practice determines the success of different problem solving processes. Proper data interpretation makes it easier for individual to appraise different evidences. They also evaluate various arguments before finding the best solution to a specific problem. These new skills will become a critical part of my problem solving strategy.

Make Accurate Conclusions

The next step is making accurate decisions and conclusions based on the collected data. The gathered evidence must be relevant, accurate, informative, and meaningful. These new skills will make it easier for me to understand the nature of different problems.

I will use such skills to make accurate assumptions and conclusions throughout every problem solving process. People must render precise verdicts about various things in life. This strategy can be useful whenever dealing with various problems.

Merge New Competencies with My Problem Solving Skill Set

The above competencies will improve the above gap in my problem solving skill set. This action plan will encourage me to undertake more problem solving exercises. The strategy will equip me with new skills and competencies. I will use these competencies to define and analyze several problems.

The next step is to define and gather relevant evidence for every problem. Another good practice is gathering the required evidence using various systematic methods. Professionals can collate the gathered information using the PICOC (Population, Intervention, Comparison, Outcome, and Context) Method. This strategy will be critical towards supporting my career objectives.

Effective communication, negotiation, persistence, logical reasoning, and persuasion can address various problems. Practice makes it easier for individuals to achieve their goals and potentials. My goal is to undertake more problem solving exercises in order to put my new competencies into practice. The above action plan will make my problem solving skill set complete.

The scenario presents a situation where I am faced with a hard monetary conundrum. To become more eligible for a promotion I chose to return to college and get a Bachelor’s degree. However, at the end of the course, a new job opportunity arose that would require me to continue my education to get a Master’s degree. The new position would bring a salary increase and a car allowance, but it does not provide tuition reimbursement. To find a solution to this problem, a six-step problem solving process can be used.

Definition of the Problem

While at first glance the scenario seems to present an easy choice, a closer examination reveals a conundrum. The new job is a higher position, which was the original goal of coming back to college. The company is a competitor of my current place of employment, but it is willing to pay for the relocation expenses. The increase of yearly salary and car allowance are welcome improvements too. However, people who work in the supervisor position at the new company are expected to have a Master’s degree. Although I planned to stop my education after receiving the Bachelor’s degree, I would have to aim for the Master’s degree at the new position. This in itself would not be a problem at my current job, as the company provides tuition reimbursement. Unfortunately, despite all the improvements at the new company, it does not provide the same reimbursement, which means that I would have to pay for the education. The problem lies in whether it is viable to take the new job but pay for the continued education, or stay at the current position and hope for a promotion.

Analysis of the Problem

To analyze this problem, it is important to establish the current situation (“The problem solving process,” 2017). I have worked at my current company for eleven years and have not received a promotion. This is an issue I found to be important enough to go back to college for. The company is paying my tuition which saves me a lot of money. Average tuition fees in the United States for a four-year college are around $20,000 yearly (Kelchen, 2016). This is a sum higher than the increase in the yearly salary promised by the new position. To gain a Master’s degree after I receive my Bachelor’s degree would require at least a year of additional full-time education. Therefore the first year at the new company would be at a loss of at least $5,000 if I plan to continue living on the current budget. The car allowance would be able to help with transportation fees which might reduce this loss. Although the company is willing to pay for the relocation, it would mean losing personal and business connections at my current location. The company being a competitor could also be seen as a betrayal of loyalty from my current company, as they have been paying for my education over these few years.

Possible Options for the Solution

I believe this problem has a few possible solutions. The first two are simple. I could agree to the new position and change my budget for a year to make up for the loss. On the other hand, I could stay at my current position and hope that my new degree would lead to a promotion. If I take the new job, I will be able to make up for the loss by applying for a scholarship. If I stay at my current company, I will be able to use this proposal from a rival company as leverage over my current company when asking for a promotion.

Evaluation of the Options

These possible solutions have to be evaluated to find the most appropriate one for this situation (“The problem solving process,” 2017). If I change my budget for a year at the new position, the stress will increase and I will lack benefits for a full year of work. It will definitely provide emotional pressure on me as I would be in a new state without friends or family to relax in my free time. Additionally, it would force me to reduce any savings and investments I might have or plan to have. However, it is only a year in comparison to eleven years I have spent in my previous condition. Staying at my current job and hoping for a promotion could be the most stable option, but it holds no guarantees when it comes to life improvements. Just as easily I could never get a promotion even with a Bachelor’s degree. Another smart solution might be to take the job and apply for a scholarship. It would save me money, and I would be able to enjoy the benefits of the new position. However, the chance to receive a scholarship is very low, as I might not be eligible for many of the available scholarships (O’Phelan, & Lipphardt, 2016). Using this proposal as leverage could be shown as an example of my value as an employee. My company could see it as a chance to keep a valuable member of the team by giving me a promotion. This is a risky move however as it could also be seen as an aggressive move from a desperate employee.

The Best Option

I believe the best option, in this case, would be the one that holds the most certain long-term benefit. All of the options that have to do with staying with the current company hold an uncertainty that reduces their viability. Therefore they are eliminated from the list. Gaining a scholarship is an appealing possibility, and I would apply for one either way, but I do not believe it would be a certain success and therefore I cannot rely on it as my primary solution. Decreasing my current budget by $5,000 for a year might be a challenge, but it is guaranteed to pay off in the long run with monetary benefits that are sure to be seen in a year. This is the most viable option because it does not prevent me from applying for a scholarship, while also guaranteeing future benefits.

Implementation and Reflection on the Solution

To implement this decision, I would need to see which luxuries I can afford to remove for the next year. For example, I could cancel by cable television subscription, as I do not watch TV that often. Then reduce my spending money to a minimum. I could also sell some of my belongings before moving to make some additional money. After moving, I would choose the most affordable college to get my Master’s degree to minimize the yearly tuition cost. I would take a chance on applying for a scholarship but would not expect it to be approved.

I believe this is the best option because it leaves me prepared for all the possible monetary issues during the first year of work. It does have its problems as I would have to motivate myself to wait for the benefits, but I would be financially secure for the time being.

Conclusion

Problem solving is a crucial skill in life and business. This six-step process is intuitive and does not require a lot of preparation. By using it, I was able to find a solution that would best benefit me.

References

Kelchen, R. (2016). An analysis of student fees: The roles of states and institutions. The Review of Higher Education, 39(4), 597-619.

O’Phelan, A., & Lipphardt, D. (2016). How to go to college on a shoe string: The insider’s guide to grants, scholarships, cheap books, fellowships and other financial aid secrets. London, UK: Atlantic Publishing Company.

The problem solving process. (2017). Web.

Introduction

Effective problem solving training offered at the workplace help employees to develop problem-solving techniques. When employees develop these skills, they will operate more actively and effectively. Techniques allow employees to identify and analyze problems in the working fraternity.

It allows them to evaluate the impact and severity of unconventional solutions to the underlying problem with the stakeholders, clients, and allies. The employees, upon training, will know how to utilize the available possessions to perform tasks properly. They will also learn to achieve organizational goals by solving problems as a team and not as individuals. Training programs include preparing employees for organization problems, and vast business orientation.

Objective finding

Objective finding is the segment of identifying goals, challenges, and wishes upon which a supervisor or manger wants to work upon. Specialized proficiency training programs are created and proposed to help employees adopt problem solving ideas and methods. The employees should be coached and presented with materials that will help them learn how to identify a predicament. In an organization, the supervisor divides the employees into groups and allocates pertinent tasks for them to tackle.

The employees will try to solve the situations such as ineffective communication between management and stakeholders, client issues, and vendor-manager relations. Profound training skills will help employees to identify some possible causes of the ongoing state of affairs. The training program will help employees to set aside and segregate the facts. When they find the cause of the problem, they will be able to know the reasons and therefore, will come up with a strategy on how to avoid future occurrences.

Fact-finding

Fact- finding is where relevant data is gathered. The situation and background should be established. This segment also incorporates feelings, data, questions, and figures. After putting down all the appropriate information about a setback, the employees or in this case participants will have the facts required to state solutions required to curb the situation. Training seminars help employees to learn more about their experienced members.

The training programs motivate employees and help them learn innovative and creative techniques required to solve internal setbacks. The employees put down the setback resolution methods, and the merits and demerits linked with the techniques.

Problem finding

The actual problem to be focused on should be clarified and established. Problem solving techniques supervisor instructs the employees to evaluate alternatives appropriately. When the employees learn to propagate decisions profoundly, they will handle tasks in an effective way. They should analyze and review case studies, consult and dialogue with business experts, and participate in healthy business oriented workshops and competitions in order to evaluate the alternatives effectively.

Idea finding and solution implementation

Possible for solving the problem should be established. The solution should be carefully selected to know how to strengthen them. Employees ought to know how to determine the impact before implementing a solution. The employees should recall previous problem solution strategies for them to be able to handle the present situations successfully.

At the training seminars, employees are taught how to perfect their capabilities to remember facts by partitioning data into groups. For them to be able to do this, they should adopt and use appropriate methods to make reminiscence and visualizing the surrounding to recollect and categorize information. The employees also establish the importance of evaluating the triumphant alternatives. This will help in handling situations in the future by applying the same problem solving technique.

Acceptance fining and what I learnt

From the training program, I learnt that employees would know how to solve problems in the workplace as a team. The training program helps them to enhance their communication between each other and the management. I also learn that the recognition and support ceremony help employees to know their strengths and importance to the organization.

Conclusion

Every organization should ensure that their employees acquire the relevant problem solving technique. This will help maximize production and improve customer-management relations thus achieving goals of the organization.

Introduction

Human growth, personality development and problem solving skills are a vital aspect of societal development and well as academic attributes which an individual should not only possess but apply in al life challenges. Towards this, it is the responsibility of every parent as member of a society not only to take care of the children but also to know how to help the children pass early childhood stage in life smoothly. This will help the children to adopt desirable character traits which make them responsible citizen of a country. “Crisis analysis is a critical aspect in prevention and management of crisis in human life” (Soifer, 2009) and (Masters, 2003). It is prudent to note that human life is full of challenges that require amicable solutions. Towards this, it is important to for human being to analyze the challenges in life and offer solution to them. This will go along way in curbing the negative impact of crisis in the society.

Teaching mathematics is quite important and plays a pivotal role in knowledge development among the students. In this regard, to provide students with the right insight and channel of mathematics, a procedural vivid program of teaching and understanding is necessary. Towards this, the whole concept of studying mathematics boils down to three main components; conceptual understanding, procedural fluency and problem solving. In addition, the concept of mathematics is not only critical to problem solving in human life but also in everyday business. According to Soifer, (2009), “A well organized instructional programs should enable all students to build a new mathematical knowledge. The concept of mathematic in solving problem and decision making is crucial and should be learnt at early stages of life. This will give the students an easy time developing critical thinking at early stages of academic life.

In the process of mathematical problem solving there exist a number of methods which are used. These include, one step problem, multi-step problems and process problem. In most cases, student encounter multi-step problems or process problems and the workings and solution to these problems involves a collaborative and procedural knowledge. This paper takes a critical analysis and a presentation on NYS Math Standards on Problem solving and further looks into the impact and role of mathematical problem solving concept in knowledge development.

Pedagogical skills of problem solving

Mathematical topics and skills can be easily got from active participation among the students. This is because participation enhances their ability to conceptualize and carry out a logical problem analysis and solution. Participation among the student will go along way in preparing each one of them to the task of solving real life problem as they occur. In this regard, “participation in problem solving should be encouraged among the students”(Masters, 2003).In the task of problem solving, students normally employs several strategies and tools. Towards this, teachers have the responsibility of ensuring that students are not only taught several strategies in problem solving but also encouraged to use different strategies and compare the results.

Souviney, (2005) illustrates that, Show a 6th grader one-fourth of a real cake and then ask, ”If I eat this much pizza, and then one-third of another cake, how much will I have eaten altogether? Show a 6th grader one-third of a real cake, and then ask, ”If I already ate one-fourth of a cake, and now eat this much, how much will I have eater altogether?”

“Neither of the preceding problems is a “symbol-symbol” or “word-word’ problem. Instead, the situations in both problems include a real object for instance a piece of cake, and a spoken word (to represent a past or future situation” (Souviney, 2005). Souviney, (2005) state that, “Like many realistic problems in which mathematics is used, the situation in these two cakes problems is inherently multimodal and each of the problems is a cake word problem in which one of the student’s difficulties is to translate the two givens into a homogeneous representation mode so that combining is sensible.“Not only may problems of the preceding type occur naturally in a multimodal form but solution paths also often weave back and forth among several representational systems, each of which typically is well suited for representing some parts of the situation but is ill suited for representing others”(Masters,2003). For example, “a student may think about the static quantities in a concrete way perhaps using pictures but may switch to spoken language to carry out the dynamic combining actions” (Souviney, 2005).Efficient problem solvers normal employ different methods and strategies.This strategy helps in enhancing the accuracy and the authenticity of the answers or solution got.

It is prudent to not that mathematics is crucial to personal and interpersonal development I the society. Personality development is an integral part of human growth and therefore parents should guide their children during childhood life. This is because self-esteem is quit important in strong personality development. Good parental advice and life changing events normally shape people’s personality either positively or negatively and the same concept applies with problem solving skills. It is therefore upon us to choose what is good for our growth and development.

Problem solving example

Given the equation below as illustrated by Behr, Lesh, Post & Silver, (1983)

5(-3x – 2) – (x – 3) = -4(4x + 5) + 13

* multiply all the factors.

-15x – 10 – x + 3 = -16x – 20 +13

* Group like terms. Xc

-16x – 7 = -16x – 7

* Add 16x + 7 to both sides and write the equation as follows

0 = 0

source: Behr, Lesh, Post & Silver, (1983)

Comparison of Primary and Intermediate level

The concept of problem solving in both primary and intermediate level are the same in procedural steps taken so as to come up with a realistic solution. However, the difference occurs in the nature and level of ambiguity of the problem.

Conclusion

Mathematics plays a critical role in problem solving and remains one of the best

tools in critical thinking as well as knowledge development. In this regard, it

is the responsibility of the government and all the education stakeholders to

ensure that student are adequately prepared to face real life challenges through

an organized and well prepared mathematics curriculum.

References

Behr. M., Lesh, R., Post, T., & Silver, E. (1983). Rational number concepts. The acquisition of mathematical concepts and processes. New York: Academic Press.

Larson, L.C. (1990).Problem-solving through problems. Problem books in mathematics. New York: Springer.

Masters, M. (2003).Let’s Prepare for the Grade 4 Math Test.New York: Educational Series.

Soifer, A. (2009).Mathematics as problem solving. New York: Springer.

Souviney, R. J. (2005).Solving math problems kids care about. New York: Good Year Books.

Introduction

Collaborative problem solving methods were primarily designed for management of children with social, behavioral and emotional problems (Fattig & Taylor, 2007). However, collaborative problem solving as a teaching method has developed to include other students of normal temperaments and behavior (Fitzell, 2010). It may be defined as the organization and instruction of students as small groups whereby the learners work together for the purpose of enhancing their individual and group learning. Individual students realize that they arrive at their goals when their fellow students are able to arrive at theirs. The number of students in each group depends on the method that is used and is usually between 2 and 6 students (Fattig & Taylor, 2007).

These methods include Student Teams-Achievement Divisions (STAD), Cooperative Integrated Reading and Composition (CIRC), Jigsaw, Learning Together, Group Investigation and Cooperative Scripting (Fattig & Taylor, 2007). For the purpose of this assignment, Student Teams—Achievement Divisions (STAD) will be discussed. All these approaches are characterized by positive interdependence among the members of the group, individual and group accountability, interpersonal and small groups’ skills, face to face promotive interaction and group reflection. Members of the group must all actively participate in the group’s activities, trust each other’s efforts in the success of the group, and be able to communicate effectively among themselves (Fitzell, 2010).

Cooperative learning methods have been proven to encourage students’ tolerance towards others of different origins, develop interpersonal skills, and enhance good academic performance as well as understanding, reasoning, and problem solving skills (Fattig & Taylor, 2007).

Student Teams—Achievement Divisions (STAD)

Student teams achievement divisions is one cooperative learning method that was developed by Slavin and others at Johns Hopkins University (Fitzell, 2010). It is a method that has a lot of room for flexibility and is useful in subjects such as mathematics, languages, and even in sciences (Fattig &Taylor, 2007). STAD is suitable for students between grade 2 and grade 12. This is a cooperative learning method whereby students are divided into groups of four people of mixed abilities (Fattig & Taylor, 2007). Each of these teams should have students that are different in terms of performance level, gender and ethnicity (Fitzell, 2010). Team recognition and group responsibility are critical for individual learning. STAD consists of four steps, teaching, group studies, test and recognition.

While using STAD as a collaborative problem solving method, the first step is to form groups of students whose members should be four in each group (Fattig & Taylor, 2007). These groups should be heterogeneous and should be representative of the different gender, ethnicity and academic performance of the class as a whole among other significant characteristics (Fitzell, 2010). Members of these groups are given specific goals which they are expected to attain at the end of the exercise. They are also made to understand that these goals will only be attained through the mastery of the topic by every member of the group. Formation of heterogeneous groups is used to capitalize on the different talents that are possessed by different students. It promotes social skills as well as cross race and cross sex integration. Finally, the formation of a heterogeneous group provides a good platform for peer teaching. The selection of the groups by the teacher also avoids the tendency of some students to form groups with their friends only which in addition may leave out other children. Groups formed by the students themselves may not be heterogeneous and may have their own objectives in the course of the study (Fattig & Taylor, 2007).

The teacher then shall present the lesson to be learnt; in this case, how plants and animals interrelate in a saltwater marsh. Here, the teacher will introduce a discussion on the topic and tell the students the importance of the topic (Fitzell, 2010). This topic was chosen because of its relevance to the academic level of the student. In addition, it is a captivating topic for most students as it refers to a part of the environment that most of them can associate with. The teacher introduced this topic by herself to the students in order to give them a basic understanding of the topic at hand; giving them a base for further reading and discussions (Fattig & Taylor, 2007).

Then the teams are given the task and members of the group that understand the topic better are able to help the other members to understand it (Fitzell, 2010). This step may involve peer teaching, exchange of educational material, thoughts and information and challenge of each others’ reasoning. The students are also able to give each other feedback on the spot besides initiating and maintaining motivation among themselves (Fattig & Taylor, 2007). This may stop once all the members in a group have understood the topic. The teacher may provide additional materials for the group discussions to enhance their understanding (Fitzell, 2010). The additional material are provided to enable the learners to have an in depth knowledge of the plants and animals interrelation in a saltwater marsh (Fattig & Taylor, 2007). It is essential for the students to learn how to work together and help each other to achieve through support and encouragement. This encourages specific cognitive and interpersonal dynamics that are useful for the students even beyond the classroom (Fitzell, 2010). It also enhances positive interdependence which occurs when the potential rewards for individuals within a group and the group itself are positively interrelated. To some extent, individual accountability is also developed at this point as all the participants of the group are responsible for their own acquisition of knowledge for the purpose of improving the scores of groups and of individuals. During their discussions, students are also more likely to develop their interpersonal skills (Fattig & Taylor, 2007). Sometimes however, the teacher has to intervene and teach basic skills such as leadership skills, conflict resolution and decision making in the course of these discussions especially to students that seem to be behaving inappropriately. Lack of management of issues such as domination and disagreements due to differences in opinion may cause the entire group to not meet its objectives (Fitzell, 2010).

The teacher then administers a test which is undertaken by each student individually (Fitzell, 2010). The teacher assesses the results that the individual students obtain in this in comparison to former test scores by the same students in previous quizzes in the same subject (Fattig & Taylor, 2007). This is done to assess the effectiveness of this cooperative teaching method in this situation. In addition to the discussions that the group members are involved in, the results of the quiz, which are done by individuals, promotes individual accountability (Fitzell, 2010). The score of the team depends on the score of individuals. For students who manage 100%, three points are earned by the team (Fitzell, 2010). For students that score between 95% and 99%, the team earns two points (Fattig & Taylor, 2007). In addition, a team that manages 10 points and above receives an extra three points whereas a team that scores between 5 and 9 points receives an extra two points and a team that scores four points earns one extra point. Teams that score less than four points get no extra points. This method of evaluating the students serves to encourage all the students to perform well while at the same time not penalizing the high achievers. Consistency while awarding scores to groups is highly recommended although the method offers a lot of opportunities for experimentation (Fitzell, 2010).

After this has been done, the teacher awards groups that have performed extraordinarily well in the quiz. The awards given in this case may be certificates, or recognition in the school’s notice board (Fitzell, 2010). This will encourage individual students to work in harmony with others for their own benefit (Fattig & Taylor, 2007). This will ensure that students work in cooperation with one another and support each other. They will realize that they cannot win any awards unless their fellow group members perform well (Fitzell, 2010). However, some scholars are strongly against awarding students for good performance while in their groups. This is countered with advice for teachers to award students for good work done and to ensure the students understand the reasons for the awards (Fattig & Taylor, 2007). Besides awards for high performance, students should also be awarded for improvement as individuals and as groups. This motivates students to be useful in a group and encourages them to contribute to their betterment as well as that of their fellow team mates (Fattig & Taylor, 2007). This procedure is then repeated on a weekly basis.

In conclusion, STAD, normally used for instruction of students between 2^nd grade and 12^th grade consists of four steps that include teaching, group work, quiz, evaluation and recognition (Fattig & Taylor, 2007). These steps are for the achievement of the objectives of the cooperation learning method as a whole; to create harmony and good relations among students of different backgrounds, promote learning, and to encourage students to develop interpersonal skills. STAD as a method of cooperative learning has been found to be extremely successful (Fitzell, 2010). This has been seen in the positive attitudes that students develop towards schooling, good inter racial interactions, support of their fellow students, good relationships among the students, and locus of control (Fattig & Taylor, 2007).

References

Fattig, M., & Taylor, M. (2007). Co-Teaching in the Differentiated Classroom: Successful Collaboration, Lesson Design, and Classroom Management, Grades 5-12. London: Jossey-Bass.

Fitzell, S. (2010). Co-Teaching and Collaboration in the Classroom (2nd Ed.). New Jersey: Cogent Catalyst.

Written reflection is the most detailed type of assessment, and it has major benefits in the learning process for multiple disciplines. For instance, exploring strengths and weaknesses in mathematics based on an evaluation of studied topics enable a pupil to revise the knowledge they obtain. Another benefit of written reflection is its impact on critical thinking and systematizing abilities, necessary for further studying complex subjects such as physics and mathematical analysis (Barton et al., 2012). Furthermore, a teacher can identify learning patterns and analyze how they educated a class based on students’ written reflections.

However, written reflection has several limitations, and the most significant one is that students below year five of the F-10 program are unable to perform a written review and critically analyze their progress. Also, an assessment might be difficult to complete for children’s dominant mathematical skillset because the exercise includes the application of literacy (Barton et al., 2012). Teachers can face challenges in evaluating written reflections if there is no template or rubric to follow, yet grading a self-analysis is an inappropriate practice in general. Lastly, understanding of mathematics can diversify among pupils, and although the exercise can help retrieve their unique strategies to obtain knowledge, it can also confuse their educator.

The Impact on Teaching Practice

Teaching practice can benefit from applying the written reflection as an assessment for the learning process because students’ thoughts and curriculum analysis provide valuable insight into how they perceive a subject. An educator may include the exercise as a part of controlling events after a considerable section was studied or build small evaluation questionaries to fill after every topic (Yepping et al., 2014). Moreover, a written reflection assessment can be simplified and adapted for the younger pupils if it is transformed into spoken discussion or a test for self-evaluation (Australian Curriculum, Assessment and Reporting Authority, 2017). Such teaching practice will enable the students to develop a habit of reflection and make it easier to use this learning tool in their senior years.

Reasons to Choose Written Reflection as an Assessment for Learning

A teacher might choose written reflections as an assessment for the learning process when they recognize that children have unlike obtaining methods and if the topic was complex and crucial to be understood by everyone. The exercise is beneficial in the middle of the F-10 curriculum when students start structuring their thoughts and knowledge more logically and critically (Teaching Ideas, 2014). Written reflection is crucial for them to develop a habit of recognizing if they need additional materials and time to study a subject and to identify what disrupts their learning process. A teacher might choose to include written reflection as an assessment when they need to improve their educational strategies and analyze the existing limitations in teaching their subject.

How Written Reflections as an Assessment for Learning Support Children’s Development in Mathematics

Although implementing written reflection as an assessment for learning seems counterintuitive for mathematics, it can support children’s development in this subject. It can be taught as an open-ended task, helping a pupil assess multiple skills and knowledge about a certain topic (Australian Association of Mathematics Teachers, 2014). Consequently, written reflection as an assessment develops the logic and thinking necessary to learn more complex mathematical issues in the future and enables students to use and demonstrate higher levels of understanding. A teacher can adjust their educational practices in mathematics after analyzing children’s reflective assignments. The change in approach will help improve pupils’ results, and the use of written reflection for assessment will help timely address the challenges that occur when a curriculum becomes more comprehensive.

References

Australian Association of Mathematics Teachers. (2014). Closed or open tasks. Top drawer teachers: Resources for teachers of mathematics v8.3. Web.

Australian Curriculum, Assessment and Reporting Authority. (2017). Australian Curriculum: F-10 overview: Australian Curriculum v.8.3. Web.

Barton, L., Meighan, R., & Walker, S. A. (Eds.). (2012). Schooling, ideology and the curriculum. Taylor and Francis.

Teaching Ideas. (2014). Problem solving and thinking skills. Web.

Yepping, L., Silver, E. A., & Li, S. (Eds.). (2014). Transforming mathematics instruction – multiple approaches and practices. Online Springer.

Obtaining necessary learning skills is not an easy task for every student, and it often goes hand in hand with various problems. In order to teach students how to solve these problems, educators must help them to develop creativity. Teachers can provide encouragement of creative problem-solving and recognize potential hindrances to inventive thinking in order to ensure students’ success. Without support and encouragement, roots of creativity are likely to wither and decay.

Creative problem solving among students relies on the support of the teacher. There are various tactics that contribute to the development of innovative thinking. The teacher can encourage students to take their ideas in a different direction by asking for other ways to look at the issue and supporting the final result despite its imperfections (Woolfolk, 2016). The learning environment created in the classroom has to be tolerant of dissent and presented as a safe space for creativity. The students have to know that their unusual ideas are approved, and their judgement is trusted. In addition, the teacher can involve technology in the learning process, for example, provide sites that help create mind maps.

There are various types of factors that might hinder students’ ability to solve problems in new ways. The first factor is the nature of the problem, which means that when encountering the problem, people do not always realize that it calls for a creative solution. The second factor concerns their lack of skill or knowledge necessary for different output. The third factor is the person’s technological and social realm of existence (Mumford et al., 2020). In certain social spheres, creative thinking might not be encouraged, or a person could not have access to technological advancements.

Despite the fact that the importance of creative thinking is widely accepted, the development of creativity is not practiced similarly across every plane of education. Creativity can be seen as an art and as a craft, and it is evaluated based on two criteria: originality and utility (Glăveanu, 2018). Fostering of creativity is based on this divide, targeting either artistic endeavors or scientific research and innovations.

References

Glăveanu, V. P. (2018). Educating which creativity? Thinking Skills and Creativity, 27, 25–32.

Mumford, M. D., Martin, R., Elliott, S., & McIntosh, T. (2020). Creative failure: Why can’t people solve creative problems. The Journal of Creative Behavior, 54(2), 378–394.

Woolfolk, A. (2016). Educational psychology, 13^th ed. Pearson Education.

Introduction

Learning is not only a fundamental objective of education but also an intricate attribute that facilitates training. An explicit understanding of training relays the use of various strategies targeting driving ideas into another person. These strategies could incorporate activities, experiments, teachings, motivations, field studies, and individual practices, among others. They are used to internalize skills applicable when reading, presenting, listening, examining, answering questions, and solving problems.

All these activities play a vital role in individuals who are learning. Therefore, problem-solving is amongst the skill that learners must understand well for their educational works and life issues. Consequently, this training will pay particulate attention to problem-solving. In a bid to establish this training, the strategies identified will be described and evaluated in accordance with the outcomes expected.

Rationale

Problems are common and diverse in the education system. They range from unanswered questions that learners have tried to answer without progress. Robertson (2001) described precisely that although a question might not be a problem when an answer is available, it becomes a problem when an individual cannot provide an answer. This allegation portrays the distinction existing between the term question and problem.

Furthermore, it clarifies that a problem could be a hard or difficult question to answer. Probably, the answer could have valid uncertainty or doubts. Learning requires techniques to solve these problems strategically when reviewing past papers and performing personal assessments. Additionally, problem-solving skills equip a learner with the necessary strategies and step by step techniques to answer examination questions. Problem-solving is quite common in mathematical operations and continues to integrate into other subjects. Research arises to provide solutions from a predetermined problem or a question that requires an answer.

Therefore, it is apparent that training learners about solving problems are entirely critical for proper studies. Also, there are life problems that a learner might solve using step by step problem-solving techniques. For instance, whenever a family the problem arises to a trained person, s/he could identify and evaluate the repercussion of the decisions made. What if a man needs to divorce hi outs wife due to unfaithfulness? It can be identified that divorce will leave children without one parent. This could direct the divorcing individuals on finding a satisfactory solution for the sake of their daughters. Although this could just be a less significant problem, there are many life issues that apply problem-solving skills to provide tentative solutions. These ideas depict that learning must incorporate the skills and techniques to solve problems.

General Goals

According to Clements and Jones (2008), there is a performance proportionality existing between the positive attitude of learners and goal oriented studies. They indicated that attitude directs an individual towards achieving something s/he had not identified fully. Similarly, goal driven studies are directive and precise. A learner aims at achieving a set goal intimately and regardless of the side forces.

This training targets at providing an explicit understanding of the problem-solving skill. It will facilitate the trainees to perform personal assessment effectively. Consequently, future learning and researching will have strong bases due to strong understanding retrieved from these solving techniques. Moreover, the performances on examinations will appreciate due to a rising understanding and improved perception. The strategies of solving problems will be boosted and amplified in accordance with the recent research finding. Ultimately, learning and training through this presentation will facilitate the internalization of the skill.

Specific Objectives

This training will consider several parts that will guide towards the goals. First, the trainees will be able to differentiate between a problem and a question. This will direct them towards the main cause of the problem. Probably, it could be done by identifying a problem and differentiating it from a question. Learners should be able to make clarifications of the problem by observing, requesting help, visualizing and gathering information. After gaining clarity of the problem, it could be broken down into parts that could be solved easily. Consequently, learners must be able to break down the problem. When the solvable parts are established, the learner must know how to set and follow a target. For instance, a learner could choose to seek assistance in solving a math problem to fulfill a goal of understanding trigonometry.

Therefore, the learner must be able to identify a goal. A proper goal should consider timing, specificity, reality, measurement and the ability to achieve it. Another vital objective is establishing the ground causes of a problem. This could involve identifying all the available information about the problem, trying to establish the hidden points, and knowing what requires identification through research or calculations. This indicates the necessity of trainees’ knowledge about the causes of the problem.

At the end of the training, a trainee will be able to identify various countermeasures related to a selected problem. Development of these countermeasures will be based on learners’ ability to play draft. Learners will learn how to play draft and identify problems that require decisions for successful winning. Making each move will involve the implementation of a countermeasure. After completing the game, the results and processes will be evaluated in accordance with the fate of each participant. This implies that learners will be able to develop and implement countermeasures for goal achievement. Also, they will be able to analyze the results and process before identifying the way forward.

Materials Needed

This training will require several material to complete the training successfully. First, there are the obvious class resources such as books and writing materials. Secondly, the training will require several mathematical problems presented to the students through a handout. Possibly, there could be a video presentation involving divorcing parents.

Consequently, devices to show the video could be presented. This is necessary because the trainer could have the opportunity of using many training styles.

Additionally, it will break the monotony of training and create an allowance to request for the available solutions. Also, the trainers could use the video to apply step by step problem-solving strategies described in the following paragraph. Another material requirement will be draught equipment. This equipment could be modified by using bottle tops and drawing squared planes similar to those shown in the following figure.

Training Procedure

The group will select a facilitator and an emcee to direct the group proceedings. Each student will have a role to play in the presentation. The session will begin by evaluating what the audience knows about the problems. This will be followed by a description of the training goals and objectives. When the students understand the reasons for the training, a video will be shown to trigger previewing of the problem-solving issues. This will allow the trainer to ask questions about the best solutions regarding the case presented. Step by step analysis will be presented by the trainer to clarify the problem-solving strategies. These steps will be presented as shown in the following list.

1. Problem identification;
2. Problem breakdown;
3. Target determination;
4. Identification of the root causes and their analysis;
5. Development and implementation of countermeasures;
6. Evaluation of results and processes;
7. Identification and implementation of the standard solution.

Also, these steps will be followed after playing the draught. Several math questions will be provided to the trainees whereby they will differentiate questions from problems. Finally, the necessity of problem-solving will be described to elaborate on the vitality of the study. The emcee will conclude the training by pointing out several issues trained during the session.

Content of the Training Module

First, the training module will introduce the study with a clear topic of problem-solving. Secondly, it will identify the goals and objectives of the study. A list of activities and material requirements will follow consecutively. There will be an elaborate description of problem-solving and its overall benefits. Step by step problem-solving strategies will be another vital content.

Conclusion

Problem-solving is a vital attribute that learners must understand to study effectively. Mishra and Sharma (2005) postulated that multimedia facilities could be applied to provide quality training. This training applied videos and could use computer programs to facilitate the playing of draught. Therefore, many strategies should be applied to training and boosting the perception of learners.

References

Clements, P. E., & Jones, J. (2008). The diversity training handbook a practical guide to understanding & changing attitudes (3rd ed.). London: Kogan Page. Web.

Mishra, S., & Sharma, R. C. (2005). Interactive multimedia in education and training. Hershey PA: Idea Group Pub. Web.

Robertson, S. I. (2001). Problem solving. England: Psychology Press. Web.

Problem solving

Problem solving is a process that is mentally inclined and forms part of a bigger problem solving process that incorporates finding the problem and shaping it to required solutions. Problem solving methods are techniques or skills used to solve life problems. They refer to an individual’s ability to reason both inductively and deductively, as well as be able to apply logic, which can help that individual to infer the problems, analyze and think critically, among others.

Methods used

The problem is an analysis of the operations of a small sporting goods retail shop. Several approaches we used in problem solving include use of interviews, SWOT analysis and PEST analysis, brainstorming, research in books and journals and review of industry publications.

Interviews

In solving the problem, we used interviews as one method. This involved engaging several store managers in a conversation, which involved asking them questions concerning the types of sporting products they stock. The outcome of the interviews were able to give us data about each store’s product price range, products they carry, services and their targeting customers, their positioning tactics and how they differentiate themselves among others.

SWOT analysis

Using this method, we were able to evaluate the strengths, weakness, opportunities and threats in sporting goods retail shop. SWOT analysis lays emphasis on the business entity as a single unit. The data from interviews were used in summarizing similarities and or differences, advantages and or disadvantages among the stores and competitiveness over one another.

PEST analysis

Using this analysis, we were able to analyze the macro-environmental framework of the sporting retail shop. PEST analysis measures the business market potential in line with external factors. This was possible since this analysis bases its focus on political, economic, social and technical views of the analysis. We used the internet for identifying external environment such as local trends, social, economic, political; technological that may affect the small sporting retail store.

Observation

The other method we used in problem solving is observation. Using this method, we did a study on several sporting retail shops regarding their web appearance, designs and did comparison among the stores. This method enabled us to identify missing contents or links that would further enhance the business’s visibility and its competitive nature.

Brainstorming

This process involves the input of a group’s creativity whereby the group tries to find solutions to problems by getting idea from each member of the group. Through this process, we were able to engage the input of the instructor when we encountered problems. Through this process, we were able to create a range of new ideas and easily solve the problems and it helped in motivating the group members since everyone had his/her input taken into consideration.

Research in books and journals

Using this method of problem solving, we were able to learn how the industry’s financial statement looks like, such as, revenue, profit margin, return on asset, inventory turnover, and asset turn over, advantage and Interest burden. This we did by using library database, which includes books and journals. When analyzing the financial statement of the sporting goods retail shop, we used marketing, accounting and finance books.

Review of industry publications

Using this method in problem solving, we were able to gather information of the sporting retail shop concerning its market share. Particularly, we used the publication of national sporting business for collecting the general data and overview of the sporting retail shop industry in the market.