...CONFLICTO Y MEDIACIÓN Una de las áreas más difíciles en el liderazgo tiene que ver con el conflicto entre los miembros del equipo. Si el conflicto no se enfrenta continuará esparciéndose entre el resto del equipo y puede llegar a ser tan dañino que puede llegar a paralizar la dirección de la compañía. (Downs, 2006). Todo persona confronta problemas en su diario vivir. Siempre estamos en búsqueda de soluciones para estos conflictos y problemas. El conflicto en el trabajo puedes ser definido de varias formas. El conflicto obrero patronal es un conflicto muy común en la fuerza laboral. El conflicto es inherente al ser humano. Las características de los conflictos pueden variar según la época histórica, la diferencia de los grupos, edad y sexo de los individuos, ocupación laboral y otras más que sería prolijo mencionar. Los individuos por sí mismos o en una organización tienden a detentar el poder, o simplemente en el uso que hagan de su reflejo, cuando el poder lo toman de otros, entran en conflicto al suponer que puede serles arrebatado o compartido. La amenaza de perder el poder pone en juego mecanismos de defensa que progresan lenta o rápidamente en un proceso de enajenación enfrentando a los individuos y grupos. Los conflictos de tipo interpersonal están presentes en su mayor frecuencia en la lucha por el poder sin importar cuan pequeño o insignificante pueda parecer, basta con que a los involucrados en el ejercicio del poder les parezca importante para entablar por...
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...Conflict Resolution and Mediation: A Look at Same Sex Couples Psychology 399 Kari Holter May 3rd, 2013 Conflict can be both good and bad and with mediation and conflict resolution we can handle conflict situations properly and strengthen relationships. In this paper I will focus on same sex couples and how mediation and conflict resolution is the same and different compared to heterosexual couples. I will talk about some background info on conflict, mediation, and same sex couples and families. I will then discuss the 4 articles I read and what was found on same sex couples and mediation. CONFLICT Conflict is the interaction of interdependent people who perceive incompatibility and the possibility of interference from others as a result of this incompatibility (Folger, Poole, Stutman, 2009). The most important feature of conflict is human interactions and they are sustained by behaviors of the parties involved and their reactions to one another. These reactions are usually verbal and nonverbal communication. MEDIATION Mediation is a range of processes in which a mediator facilitates communication between parties to assist the parties in reaching voluntary decisions related to their dispute (SBHE Policy 605.5, Antes, 2003). There are three types of mediation. 1. Transformative – empowerment and recognition opportunities are supported. 2. Facilitative – parties reach a mutually satisfactory agreement. 3. Evaluative – parties decide based upon...
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...2.2 Conflict resolution and mediation in a primary care trust Workplace conflict has become increasingly focused on individual employment dispute, policy makers have placed a particular emphasis on workplace mediation, however the broader impact of mediation has been ignored. Here we introduce of an in house mediation scheme, it explains mediation impact on workplace relations and dynamic conflicts between union and management. The processes of dispute resolution cannot be divorced from the pattern of workplace relations Therefore outcomes of individual disputes are subject to processes of negotiation and re-negotiation and conditioned by what Edwards P (2000) calls the politics of the management of labor, this underlines the importance of examining mediation through a lens that accepts that the management of individual conflict should reflect a balance of workplace power. Importantly the expansion of mediation could be seen as...
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...THIRD PARTY MEDIATION IN CONFLICT RESOLUTION Introduction The contemporary international system has witnessed dramatic increases in numerous conflicts. Specifically, of the six continents in the world, not even one is immune to one form of violent conflicts or the other. Of all efforts to explain the causes of these conflicts, a growing body of research findings highlights the association between economic deprivation and conflict. (Gurr 1970; Elbadawi 1992; Collier and Hoeffler 1998; Stewart 2002; Deiminger 2003; Justino 2004). Thence, circumstances of gross economic denial, together with social, political, and environmental factors precipitate conflict. Third party mediation in Conflict Resolution has gained a considerable and increasing attention from academics and policy makers. There is plethora of literature on the role of third party in conflict resolution. Due to the complexity of the discipline, conflict resolution seems to be a relative term that can mean either conflict prevention or conflict management. Likewise, debates ensued as to why a third party mediates in conflicts. For instance, people marvel why the ‘coalition of the willing’ intervened in Iraq over the unproven existence of weapons of mass destruction but not in North Korea that admitted having the weapons. In addition, NATO intervened in Kosovo, but not in Bosnia, the UN sent troops to halt ethnocide in East Timor but had done nothing to prevent same from happening in Rwanda. More ...
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...behavior such as plagiarism. ADR Process All disputes that arise within the learning team that cannot be resolved 24 hours after the dispute will enable the ADR to occur. The dispute must be in reference to members’ disregard for the rules and regulations documented in the learning team charter. Personal conflicts that arise between team members will not initially be subjected to be resolved through ADR. However, in case when members’ personal conflicts within the learning team impacts and disables productivity and efficiency will facilitate the ADR process. There will be two ways of facilitating an ADR in the event of a dispute • Mediation - The have to participate in a mediated negotiation with the... Alternative Dispute Resolution (ADR) Clause for Learning Team can be used to solve personal conflicts within class members by creating mutually satisfying solutions for the respect of other team members. The conflict can occur when not respecting Learning Team’s goals and ground rules to complete the assigned tasks. ADR uses mostly two type of process to resolve personal disagreements and conflicts: mediation and arbitration. Mediation. The...
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...Third Party Conflict Resolution January 17, 2013 Third Party Conflict Resolution In the negotiation process, the use of third-party conflict resolutions often comes into play when parties cannot seem to reach an agreement regarding resolving mutual interests. These types of third-party conflict resolutions are: arbitration, collaboration, litigation and mediation. For the Seatcor Manufacturing Company, the use of third-party conflict resolution is necessary. The researchers of Team A have reported collaborative ideas of this case by (1) analyzing the possible intervention strategies, (2) applying what is thought to be the best strategy, (3) explained how the best strategy should resolve the conflict, and (4) developed a contingency plan in case the best strategy does not work, or is rejected. Intervention strategies Possible intervention strategies include negotiation, mediation, arbitration, litigation, collaboration and hybrids. Two types of hybrid intervention strategies are mediation – arbitration and arbitration-mediation. • Negotiation - There are four elements to the negotiation process, which include managing interdependence, engaging in mutual adjustment, creating or claiming value, and managing conflict. Negotiations consist of two or more parties be that individuals, groups, or organizations. A conflict of needs and desires exist between parties and the parties chose to negotiate. Parties expect a “give and take” process that is fundamental...
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...Conflict Intervention and Recommendation Paper Introduction Whenever there are issues within a family that led to separation, as it has with the Patton family, professional intervention should be considered. The manner in which these issues are conflicts are confronted could determine the mental health of the family involved in the conflict. Conflict is a fact of life (Wilmot & Hocker, 2011). When conflict is handled in a timely manner mental health is improved and the likelihood of depression is dissipated. The Patton family is experiencing major issues because of the avoidance of conflict, and avoiding channels that could facilitate in resolving their conflicts. Professional intervention such as mediation, arbitration, and negotiation all have positive outlooks; however, they present challenges as well. This evaluation will consider each of these processes and determine which would be most effective in resolving the Patton families conflicts. Evaluate The Benefits Mediation has many advantages, it is a less expensive alternative than the docket in the courthouse. When considering the Patton family situation mediation encourages collaboration, and cooperation. They need to come together and start a dialogue between each family member. Conflict cannot resolve unless there is effective dialogue between the disputants. Mediation can respond to many concerns, when delving into the lives of the Patton's it is important that every issue is addressed not just the concerns of the...
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...Conflict Resolution in High School Youth conflict resolution has been around for a while and has been very successful in some schools. The biggest problem has been keeping a program going. Training, funding, and finding time to keep it a part of a school are difficult challenges. Conflict resolution means teaching young people new and different ways to resolve disputes without resorting to verbal or physical violence. Many adolescents today are caught up in situations of teen conflict that they cannot manage – jealousy, name calling, teasing, gossip, stealing another’s property, dating and friendship issues, and bullying and outright aggression. Schools are frequently the center of many of these tensions. Conflict can also branch out from the school and lead to problems in the community. Conflict resolution education is an important component in violence prevention and intervention program in schools and youth communities. It is used in approximately 15% of schools in the United States. The most successful programs seem to be those that offer a comprehensive approach to problem-solving, teaching effective listening and communication skills, and critical and creative thinking with an emphasis on personal responsibility and self discipline. Sweeney and Caruthers (1996) define conflict resolution in a concise way, “the process used by both parties in conflict to reach a settlement.” Conflict is basically the result of two or more people possessing differing opinions...
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...Introduction Conflict is a problematic event, and, such as, it needs to be managed (Sara, 2011). To a certain extent, it is correct because it endangers existing relationship and undermines the constructive initiative between at least two parties in the group process. On the other side, some researchers may insist the appearance of conflict is inevitable, in somehow conflict may emerge from everyday in our life. Mediation The word mediation is now in common usage, but still liable to be ambiguous with similar words such as “conciliation” and “reconciliation”. Mediation has become increasingly necessary to agree a universal definition. According to The Council of the European Union, it defines mediation as: “a structured process…whereby two or more parties to a dispute attempt by themselves, on a voluntary basis, to reach an agreement on the settlement of their dispute with the assistance of a mediator.” A mediator is defined as: “any third person who is asked to conduct mediation in an effective, impartial and competent way…” Mediators help the parties to explore more settlement and to reach mutual agreement. Participants are encouraged to reach the agreement autonomously and mutually decision, without threats and pressure from each parties and without direction from the mediator. Counselor VS Mediator Although family mediators and counselors undoubtedly similar with some common areas of knowledge and skills, it is important to state that the role of mediator differs...
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...Running head: NONEMPLOYMENT CONFLICT MANAGEMENT Nonemployment Conflict Management University of Phoenix Nonemployment Conflict Management Policy decisions whether made in public or private setting require a careful analysis of including the possible outcome from implementation to stakeholders. No better example to the impact of policy decisions and the stakes it holds that in the United States political forum. Legislative decisions that impact the public are known to split the two aisles of the political spectrum; democrats and republicans. It has been argued that although the public may appear to be the major stakeholder behind the scenes the actual stakeholders are the big corporations. These corporations are known to lobby through vigorous negotiations on major policies by using their relationships, experiences and valuable insights of how “things” work in Washington. In the case of the Wamayo River Basin, the decision to preserve the salmon population conflicts with the economic development interests for hydropower, timber industry and agricultural development proponents. Indeed, the decision formulated is like walking a tight rope as it will create conflict given its impact on multiple stakeholders. Wamayo Dam, the company contracted to build additional dams along the basin has to identify the non-organizational conflicts that may exist given the multitude of stakeholders. For Wamayo, developing an astute conflict management will ensure that...
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...Assembly 6 (Legal) QUESTION OF: Strengthening the role of mediation in the peaceful settlement of disputes, conflict prevention and resolution MAIN SUBMITTER: Botswana _____________________________________________________________ The General Assembly, Acknowledging the aims and principles discussed and abided by in the Charter of the United Nations, Reaffirming its dedication to protect and honour the sovereignty of all States equally, its understanding of territorial integrity and political freedom of all States equally and the responsibility of all Member States to act internationally in conformity with the principles and aims of the Charter of the United Nations, Taking into account the importance of gender balance within every activity of the UN, whether it be decision-making or idea-generation, Understanding that violence due to arms, terrorism and civil disunion continues to hamper the serenity and social stability of numerous regions all around the world, Noting with appreciation the successes of certain previous mediation attempts as well as the peace and stability they have brought about, Taking note of the 2009 report by the Secretary-General of the United Nations promoting, propagating and supporting any and all mediation efforts made by UN and/or any other state or non-state actor, provided that the aim of the mediation was solely the peaceful settlements of disputes, conflict prevention and resolution, Reiterating Article 99 of the...
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...Managing a Mediation Process offers an overview of the process of mediating interstate and intrastate conflicts. Each of its six chapters covers a different step in the process, identifying what needs to be done at that step and how best to accomplish it: ● ● ● ● ● ● SMITH AND SMOCK MANAGING A MEDIATION PROCESS Assess the Conflict Ensure Mediator Readiness Ensure Conflict Ripeness Conduct Track-I Mediation Encourage Track-II Dialogue Construct a Peace Agreement Managing a Mediation Process is the first of several handbooks in the Peacemaker’s Toolkit series and deals largely with Track-I efforts. Each handbook in the series addresses a particular facet of the work of mediating violent conflicts, including such topics as negotiating with terrorists, managing public information, constitution making, assessing and enhancing ripeness, and Track-II peacemaking, among others. MANAGING A MEDIATION PROCESS Consolidating practical wisdom distilled from the hard-won experience of seasoned mediators into an easily digestible format, this handbook is designed to help mediators identify areas where they may need more research or preparation, as well as options and strategies relevant to the particular case on which they are working. Examples from past mediation efforts are provided. CT ST RU CE T CONA PEA MEN E AGRE Managing a MEDIATION PROCESS AGE OURC II E ENCTRA GU O DIAL UC T ONDAC I ON C R T DIATI ME Amy L. Smith and...
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...NONEMPLOYMENT CONFLICT MANAGEMENT Nonemployment Conflict Management Cindy Humphrey University of Phoenix Nonemployment Conflict Management Each day, everybody negotiates in one way or other and makes decisions that everybody accepts in our personal and business lives according to Wilmont & Hocker, 2007, page 3. The decrease in the volume of salmon has created some conflicts in the Wamayo River Basin. Groups have come together with ideas on how the Wamayo could be used. Groups concerned about the environment hope to preserve wildlife. Commercial industries hope to increase business by the use of the water. An ADR (alternative dispute resolution) could aid in resolving conflicts which would let all involved to create savings on costs for litigation. Conflict arbitration would be the best solution because of the causes for the conflict, even though negotiations and mediation would also be alternatives. The Wamayo Basin Management and Conversation department is responsible for creating policies that will protect the salmon. These policies would ensure the area will receive enough hydropower. Any policies created will also need to consider what the stakeholders’ interests are. I will discuss the possible conflicts the company could encounter while building dams and techniques needed for alternative dispute resolution. Potential Non-Organizational Conflict Identifications Negotiation takes place in resolving conflicts when involved parties are able...
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...Specifically, the paper entails an elaborate discussion on mediation, negotiation and compromise as conflict resolution strategies. Mediation and negotiation are alternative dispute resolution ADR strategies while compromise is an incorporation of litigation and can also be part of ADR. The three strategies are applicable for organizational and other types of conflicts. Apart from proposals off the potential applications of the methods, the paper also presents a comparison between the three methods and the legal systems of resolving conflict. In addition, it discusses in brief the processes, benefits and the limitations of the processes. Mediation Mediation entails a due process that involves a neutral third party, a mediator, in conflict resolution. The mediator is never judgmental nor partisan during the process. The mediator never decides any wrongdoers but focus on the problem-solving process. Mediation allows for the revision and adjustment of the conflict scope. Agreements after mediation are readily acceptable than those from a judicial ruling because all participants are involved in reaching a compromise. Mediation is informal and involves a mediator that guides the process. The mediator engages the disputants to drop hostilities and come to a mutual agreement. In fact, mediation is multi-step and is designed to yield ultimate outcome those establishes relationships and resolves disagreements completely. Mediation starts with an opening statements form the mediator followed...
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...to court to resolve a dispute in China: negotiation, mediation and arbitration, they are ADR. ADR means “Alternative Dispute Resolution” and it refers to various processes, commonly used in civil law tradition, which have in common the aim of a better communication between the parties during a dispute and the saving in managerial and legal time, expense and worry (Bevan, 1992). We can clearly distinguish the advantages of the ADR, comparing to the formal dispute settlement at court. ADR processes are quicker, as they can be arranged within days or weeks rather than months or years (example of one case in litigation). They are also less expensive, as earlier settlements save managerial time and they are confidential. They are voluntary, which means that the parties are free to walk out every time without interfering the legal procedures and their rights (Bevan, 1992). Mediation, one of the most used ADR, involves a neutral third party, called a mediator, to help the disputing parties to reach an agreement. Mediation in China has been existed in China for more than 2,000 years. It was used in the Western Zhou Dynasty (1146 BC-771 BC) and then used during the Qin Dynasty (221 BC-207 BC). There was always a preference for mediation throughout all the history of Imperial China. The mediation system and the legal system were developed together after the establishment of the People's Republic of China in 1949. People's Mediation Committees appeared during this period, helping local...
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