... 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 to the definition of negotiation itself....
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...consumer transactions? Does agency relationship exist on social media sites between the social media provider and the business that utilizes the site for advertising? These are a few questions to be discussed about the social media giant Facebook. What are the four components of a legally astute social media marketing manager? According to (Bagley 2013) “They are a set of value-laden attitudes about the importance of law to the firms success, a proactive approach to the legal issues and regulations, the ability to exercise informed judgment when managing the legal aspects of business, lastly, context-specific knowledge of the law and the appropriate use of legal tools” (p. 11) Legal astuteness begins with respect for both the letter and the spirit of the law. One should be proactive bring counsel in early to seek legal advice and not wait for problems to arise (Bagley 2013). Legally astute managers accept responsibility for managing the legal dimensions of the business and realize it is not the lawyers responsibility but the general...
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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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...Samulela 11-05-2015 Assignment one Mediation Introduction Medication is defined as the resolution between rivals in a disagreement (Geldard & Geldard, 2012). The mediation methods takes place when two different parts meet to addressee their problems, where the mediator comes in as the third party and assist individuals with communication in order to gain resolutions to their problems. Medication can also be an agreement developed after a disagreement. Mediation involves reflection that results in resolutions that may possibly or might not be acknowledged by the opposing party. It can also be described as a method of resolution of an industrial disagreement, in which a third party discuss with individuals involved and finds a result, which is not, conversely, binding on the parties involved. (Geldard & Geldard, 2012). Mediation referees to the practice of having a third person involved in this case may be a manager or supervisor in any form, it can be utilized to operate as a vacillator in assisting parties in a disagreement to come to a mutual accepting in which they may be capable taking and living with (Cousins & Benitz, 1999). Mediators are not judges; they can a person who’s capable to assist the disputes to settle in a convenient way for an effective resolution. Mediation is a process used for resolving disputes in schools or early intercession programs, it is also used for parents of children with disabilities, mediation identifies such protection of ongoing...
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...A typical society will comprise individuals with diverse social or cultural needs. The members of the society will not always have common interests. Usually, people have different interests. The individual differences in interests and demands result in conflicts, which has been defined as a lack of agreement where the parties involved recognize a threat to their wants, safeties, and disquiets (Mayer, n.d). Conflict will occur due to some misunderstanding among the involved parties, and it is quite unavoidable in organizations as well as institutions such as schools. There are different types of conflict that may be witnessed in the society. An individual may be in conflict with another man, with the society, or with other aspects of nature. One can also have inner conflicts; this occurs when the individual has divided thoughts and is not able to make a decision on a given issue. In an organizational setup, conflicts may arise due to many reasons including, but not limited to, irreconcilable objectives and goals, mismatched personalities and scarcity of shared resources (Jung, 2003, p. 3). Similarly, an individual may be in conflict with the values, beliefs or practices imposed by the society on its people. There are mixed consequences of such conflicts. Organizational conflicts can be both beneficial and harmful to the successful operations and ultimate productivity of the organization. While conflicts may impede the production pace of an organization, they may also lead to...
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...EEOC Presentation Throughout the United States brief history there has been a large amount of discrimination in the workplace and no laws to protect employees from such harassment. Title VII was passed which prohibits discrimination in hiring, firing, training, promotion, discipline etc. on the basis of an employee or applicant’s color, gender, race, national origin or religion. If any employee feels they have been a victim of employment discrimination they may a file a charge or claim with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC will handle all claims by following a common procedure and following all rules and regulations. Ganley Lincoln of Bedford, Inc., an auto dealership in Bedford, Ohio, will pay $300,000 to four African-Americans to settle a racial harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today “Racial harassment is utterly unacceptable and illegal,” said EEOC Regional Attorney Debra Lawrence. “It demeans the entire workplace as well as the direct victims. This settlement – both the monetary relief and the training -- will help ensure that African-Americans at this company will never have to face such abuse again.” The EEOC will take is to make sure all nonfederal government employee claims are filed within 180 days of the event where the discrimination occurred and federal employee claims are filed within 30 days of the event. Many states have their own fair...
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...Avila University Managing Peaceful Change Daily non-confrontational conflict management, a new approach to management By Rayma Vinyard Jacoby Management 629, Summer 2013 Professor Stan Salva August 19, 2013 Rayma Vinyard Jacoby Professor Stan Salva Management 629 August 19, 2013 Managing Peaceful Change Conflict management and leadership transformation are often presented as areas of specialization. Change can be caused by conflict or in itself can create conflict. In leading team development, managers must understand their employees and their team in order to lead them forward through daily conflict resolution. By using non-defensive mediation techniques, a manager can help each team member create a voice, invest them in the process of change, and lead their team to success. Conflict transformation has been used to resolve international issues since the 1970’s. Strategic and powerful, these tactics can poise a manager for corporate success. Systemic conflict analysis and conflict monitoring, with key shareholders, creativity in the imagination of sustainable solutions, strategic planning of systemic interventions, and mobilization of agents of peaceful change are the core elements of conflict transformation. 1 Engaging key shareholders requires understanding the people and team dynamics within the conflict. This gives managers a place to begin. Analyzing and monitoring conflict transformation using non-defensive communication allows the manager to...
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...Alternative Dispute Resolution Name: Institution Affiliation: Introduction Alternative dispute resolution is a method for settling parties' disagreements outside of court's antagonistic setting. Today, ADRs are greatly compelling to the point that courts frequently oblige parties to seek after this plan B before disputing their cases. Both arbitration and mediation may be court-requested. Settling one's dispute through components outside to the court structure may spare one time and cash. In the last twenty-five years, since Australia held onto multiculturalism as an approach, issues of intercultural correspondence have ended up more noticeable in the working environment. On the other hand, until as of late, little had been composed on these issues, and even now, numerous authoritative managers have no preparation. They as well have no learning of how to manage correspondence problems, despite the fact that most workplaces are staffed by individuals of diverse cultures. The report examines these three issue areas and shows that a considerable lot of the difficulties confronted by migrants in the workforce are caused by the absence of awareness of, and preparing in, intercultural correspondence. Why clients should be encouraged to use ADR and Implications Clients ought to be encouraged to make use of these alternative methods for solving conflicts for a number of reasons. ADR can permit access to justice. Case in point, as there can be cost and...
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...particular instance can cause a State Tribunal though the legal phase for the case will originate with small claims court. If Singh and Jessica will not able to do a settlement in small claims court, then the case can proceed to the states appeals court and can lead all the way to Supreme Court. Although, most claim filed in small claims courts come to a settlement, but it is difficult to solve the issues in the court system in order to decrease the cost and a long trial mediation and most commonly responsive solutions for parties. I am listing the few available options solving disputes between business partners, shareholders of business entities, and managing members. Litigation Litigation is the process of going to court to discuss your cases. The case could be criminal, in which the state argues that a citizen violated the law 0r civil, where two parties argue against each other. When individual files a claim for a civil lawsuit causes the development of litigation process. The particular process has some rules of Civil Procedure. There are many sequence of steps involved in state and...
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...are applied to resolve disputes without having to go through the court process . It is favored by litigants seeking expedited results at cheaper cost . Depending on the agreement , the rulings or judgments that arise out of these alternative methods can either be binding or non binding on the parties involved . Using mediation and arbitration to resolve disputes , it is important that the parties to the process understand how the methods are applied in reaching a solution . In arbitration , the parties engage a neutral third party to hear and decide their dispute based on the material facts of the case . In mediation , the parties will again involve a neutral third party who will listen to the arguments from both sides and attempt to help them come to a mutually acceptable conclusion . The aspect of the decision being binding or not should be decided before the case is determined . The clause outlined below will apply to cases being resolved through arbitration and mediation . The parties to the dispute should arrive at a decision to adopt the above methods prior to filing their cases in a court of law or if during the continuance of their case ask leave of the court to temporarily withdraw the case to see if it can be determined by ADR . All pertinent information to the dispute should be presented before the arbitrator or mediator and for the duration of the process , no new evidence or information should be introduced . Both parties must...
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...Assignment 2: LASA 2—Conflict Management Report The workplace can be an especially stressful environment. Personal conflicts between coworkers, fear of layoffs, and heavy workloads can be causes of negative stress. This stress can be carried to our homes and after-work activities, impacting personal health. Allowing these stressors to build and intensify will only further impair the work environment. For this assignment, you are required to review a scenario regarding a woman (Kate) who has experienced negative stress stemming from her work environment. Then, you will compare your own conflict management skills and experiences against Kate’s experiences. Follow the directions below to write an 8–10-page report on conflict management. Review the following scenario: Kate has been employed by a well-known manufacturing company for 12 years. She is the only female on her line and the fastest worker. She has been promoted several times through mergers and acquisitions, but has always been looked over for a senior management position. Kate believes she is qualified for advancement but thinks her manager has a problem with her personally. To top it off, Kate did not receive a semiannual or annual review, which would have resulted in a raise. Her coworkers (all males) have urged her to go to management and report what she believes to be discriminatory behavior from her immediate manager. Now, complete the following tasks: 1. Discuss a situation you have been in where you felt...
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...Conflict and Mediation OL 7001-8 Assignment 6 Karen Platt Dr. Benton September 6, 2015 Mediation Workplace-based stress may be triggered by interpersonal differences, which can produce damaged relationships, loss of productivity, decreased job satisfaction, and lowered morale (Cahn & Abigail, 2014; McKenzie, 2015). Stress is the emotional or intellectual response by someone to a perceived threat in his or her workplace or personal life (Cahn & Abigail, 2014; McKenzie, 2015). In many cases stress can result in workplace conflict. Not all work-place conflict can be resolved without third-party intervention. A third-party is brought in to facilitate a negotiation process when individuals cannot negotiate or agree on an issue effectively. Mediation is an intervention in a standard negotiation conflict acceptable by all involved parties (Cahn & Abigail, 2014). The unbiased third-party has limited or no authoritative decision-making power, is neutral, and perceived as being fair (McKenzie, 2015). Mediation has been found to produce better organizational outcomes than other interventions. This paper provides a closer look at mediation, mediators, and the process used during conflict resolutions. In addition, the author has provided an example of a practical application of a mediation plan used by mediators. Mediator’s Roles and Responsibilities Independent mediators are neutral, impartial, and normally have no prior relationships with the...
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...this degree at Bethel University, and I know it will take my in the direction I am aiming for. I have different outlook on life, I am more confident, and satisfied with my decision. The fundamental principle of mediation is “Self Determination” and I plan to abide by this for the rest of my life. We learned how to deal with conflicts in the home, school, field, workplace, etc. We learned the five styles of conflict, “Collaboration”, both parties agree, “Accommodation”, make someone happy, “Competition”, power struggle, “Avoidance”, don’t deal with it, and “Compromise”, each side makes a concession. While studying these styles of conflict in class I reflected on my pass and present conflicts and understood the difference in how they were handled, not knowing there was a word for styles of conflict management at that time. We also learned the roles of in conflict management. You have the “negotiator” gets involved in creating a deal, “decision maker”, assist families in making vital decisions and keeping the channels of communication open, “facilitator/mediator”, assigned to manage the process of communicating and decision making; however, facilitation aims to help individuals and groups reach an agreement from the beginning of the process, before a conflict arises. Mediation is usually used when a conflict exists, and...
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...short of litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type, usually mediation, before permitting the parties' cases to be tried (indeed the European Mediation Directive (2008) expressly contemplates so-called "compulsory" mediation; attendance that is, not settlement at mediation). The rising popularity of ADR can be explained by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute.[2] Some of the senior judiciary in certain jurisdictions (of which England and Wales is one) are strongly in favour of the use of mediation to settle disputes.[3] Please read: a personal appeal from Wikipedia founder Jimmy Wales Read now Alternative dispute resolution From Wikipedia, the free encyclopedia Jump to: navigation, search | This article needs attention from an expert in Law. Please add a reason or a talk parameter to this template to explain the issue with the article. WikiProject Law or the Law Portal may be able...
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...Chapter The Essence of Negotiation What Is Negotiation? 5 6 6 When Do People Negotiate? Technology 6 4 3 xvii xix 1 3 Why Has Negotiation Become a More Important Skill? The Workplace 7 8 9 10 11 How People Negotiate: The Dual Concerns Model The Pros and Cons of Negotiating The Shadow Negotiation 10 What Does a Negotiation Look Like? Conclusion and Implications for Practice READING 1.1 - ONLINE DISPUTE RESOLUTION: DO YOU KNOW WHERE YOUR CHILDREN ARE?, 8Y DAVID A . LARSON 1 3 19 READING 1.2 - BALANCING ACT: HOW TO MANAGE NEGOTIATION TENSIONS, BY SUSAN HACKLEY Preparation: Building the Foundation for Negotiating Intended Benefits of This Chapter The Essence of Preparation 23 23 23 The Preparation Process, or How to Make I t All Happen Strategic Planning: Establishing the Framework Defining the Situation Setting Goals 29 30 25 25 25 Determining Your Strategy Strategy Implementation: Operationalizing the Plan 30 The Component Parts of the Situation 30 Best Alternative to a Negotiated Agreement (BATNA) Reservation Prices or Resistance Points 33 Bargaining Power 35 Analyzing the Other Party 35 32 Rapport Building and Testing Assumptions 36 Where Should You Negotiate? 37 Conclusion and Implications for Practice 38 Appendix I: Preparation Checklist 39 READING 2 . 1 READING 2.2 How TO ANALYZE THAT PROBLEM, BY PERRIN STRYKER 42 51 - INVESTIGATIVE NEGOTIATION, BY DEEPAK MALHOTRA AND MAX H. BAZERMAN...
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