...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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...including during conflict resolution, one must be able to receive the information accurately through effective listening in order to draw meaning and respond to the parties in question appropriately (Shermerhon, Hunt, & Osborn, 2004). It is through effective listening to a party that one is able to grasp the intended meaning and offer a relevant response. Effective listening skills are one of the main determinants of the progress of teaching, informing, and conflict resolution. However, various factors need to be put in place to ensure that listening enhances the quality of communication among the parties involved. It requires effective coordination between the brain and the ear as well as proper concentration by the parties involved. This study presents listening strategies employed in effective conflict resolution. Listening Process The starting point is the absorption of information through the ear which is the transmitting device to the brain as indicated below. Source: Cheesebro, T., O’Connor, L., & Rios, F. (2010). For listening to occur, hearing must first take place. While individuals may not have much control on hearing, listening requires deliberate efforts. After hearing, individuals must endeavor to grasp the message. This will be achieved by focusing on such a message physically and mentally. Physically, one needs to position himself or herself in a manner that encourages alertness while at the same time assuring the speaker that the listening party is paying...
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...| Alternative Dispute Resolutions | | | Alternative dispute resolutions, known to many as ADR, are methods to resolve conflicts in ways other than legal litigation. “Because litigation is expensive and time-consuming, both [parties] suffer when parties bring their disputes to court. Alternative dispute resolution (“ADR”) is an important solution” (Baum, 2010). The four most common methods of ADR are negotiation, mediation, arbitration, and collaborative law. A fifth method, conciliation, sometimes falls into the ADR category. The use of ADRs has been proven to be helpful in many different types of legal disputes from personal to professional (Alternative Dispute Resolution (ADR), 1995-2013). Alternative dispute resolutions are non-adversarial methods used to successfully manage conflict without the use of unnecessary, expensive litigation. Negotiation Negotiation is the simplest way to settle differences. This method is back and forth communication trying to find a solution to resolve a conflict. The characteristics of negotiation are as followed: private, confidential, voluntary, quick, little to no cost, parties make their own decisions, parties reach agreements, full control, enforceable agreements, win-win solutions (Oklahoma Bar Association, 2012). Negotiation can be done in a number of ways: formal, informal, private, public, directly or with third parties (although third parties typically aren’t necessary). It can happen any time, any place. Those...
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...Alternative dispute resolution (ADR) | A conflict resolution strategy that involves assistance from a third party; used when both parties are unable to find resolution on their own. | | Conflict | One party perceives its interests are being opposed or set back by another party. | | Day of contemplation | A one-time-only day off with pay to allow a problem employee to reflect and recommit to the organization's values and mission. | | Distributive negotiation | Two interdependent parties, each with their own opposite preference, seek to make a decision that will result in one party winning at the expense of the other. | | Dysfunctional conflict | Threatens the interests of an organization. | | Functional conflict | Serves an organization's interests. | | Integrative negotiation | Two interdependent parties with their own preferences and values seek a win-win resolution through greater dialogue and cooperation. | | Personality conflict | Interpersonal opposition driven by personal dislike or disagreement. | Outline: Chapter 8CONFLICT AND NEGOTIATIONLearning Outcomes 1. Define conflict, functional conflict, and dysfunctional conflict 2. Identify the various antecedents (causes) of conflict 3. List two approaches an employee or manager can take to respond to each of the following: personality conflicts, intergroup conflict, and cross-cultural conflict 4. Compare and contrast the five alternative styles for handling conflict 5. Assess the...
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...following questions about the case. 1. Describe the conflict in this case. The conflict in this case is a relationship conflict resulted mainly from a lack in the emotional intelligence from the Greek Team side. The Greek Team who are college students were making demeaning comments against the materials produced by the experienced workers without paying attention to the experienced worker’s feeling. 2. Using the conflict model in Chapter 11, a) identify the structural causes of the conflict There are two causes: I. Differentiation: There is a cultural difference between the young generation “ the Greek Team” and the older workers. The Greek team which are college students considered throwing the comments even if those comments are demeaning comments ,as described in the case, against the older worker’s work will be accepted. II. Communication Problem: The Greek Team members lacked the necessary skills of communication. It was supposed from them to communicate with the older workers diplomatically rather than arrogantly. Unfortunately, The Greek Team’s manner for the way of dealing with the older workers impacted negatively on the overall performance of Tamarack Industry and ultimately it may decrease customers satisfaction level. b) discuss the escalation of the conflict. As a part of the conflict episodes is the conflict escalation and this was shown obviously in our case. However, the conflict escalation passed through different stages. The stages...
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...Conflict Resolution Introduction Conflicts are a natural part of life and therefore a natural phenomenon in the education sector. In any school, there is the potential for conflict, because students may misunderstand one another, teachers may disagree on resource allocation, the administration may have issues with the staff parents may have some causes for complaint against the school or disagree on some of the school policies. The potential for conflict exists because people have different needs, views and values. But, when such conflicts are properly resolved, the atmosphere at school is more pleasant for everyone. Teachers can spend more time teaching and students can spend more time learning. Below is an analysis of the conflict resolution strategies which have been used to resolve conflicts in the education sector. Conflict Resolution Strategies in Schools 1. Mediation: This is a structured, goal oriented process that follows clear steps and resolves disputes confidentially. It helps disputing parties to assess their options realistically and reach mutually acceptable solutions. In mediation, an independent third party, the mediator, helps the parties involved in the conflict to talk with one another and to listen to one another’s grievances. Through this exchange of information, the parties gain insight into how the other is feeling about the situation, and they achieve understanding and respect. Mediation is a very effective conflict resolution strategy...
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...Wk-1 Individual – Communication and Personality MGT-445 Wk-2 Team – Power Play for Howard Part-A MGT-445 Wk-3 Individual – Negotiation Strategy MGT-445 Wk-3 Team – Power Play for Howard Part-B MGT-445 Wk-4 Individual – Miami School District Negotiation Paper MGT-445 Wk-5 Individual – Article Analysis MGT-445 Wk-5 Team – Third Party Conflict Resolution (2) MGT 445 (Organizational Negotiations) Complete Course WK 1-5l Get Tutorial by Clicking on the link below or Copy Paste Link in Your Browser https://hwguiders.com/downloads/mgt-445-organizational-negotiations-complete-course-wk-1-5l/ For More Courses and Exams use this form ( http://hwguiders.com/contact-us/ ) Feel Free to Search your Class through Our Product Categories or From Our Search Bar (http://hwguiders.com/ ) MGT-445 Wk-1 Individual – Communication and Personality MGT-445 Wk-2 Team – Power Play for Howard Part-A MGT-445 Wk-3 Individual – Negotiation Strategy MGT-445 Wk-3 Team – Power Play for Howard Part-B MGT-445 Wk-4 Individual – Miami School District Negotiation Paper MGT-445 Wk-5 Individual – Article Analysis MGT-445 Wk-5 Team – Third Party Conflict Resolution (2) MGT 445 (Organizational Negotiations) Complete Course WK 1-5l Get Tutorial by Clicking on the link below or Copy Paste Link in Your Browser https://hwguiders.com/downloads/mgt-445-organizational-negotiations-complete-course-wk-1-5l/ For More Courses and Exams use...
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...environments, conflict resolution and counseling is a must. At one point or another, conflicts will arise between coworkers. It is best to have policies, procedures and guidelines in all businesses established to help overcome these issues. It is also important to have a leader that exhibits the qualities of strong leadership and intrapersonal strengths. Effective listening skills, assertiveness and strong communication skills are also a must for a leader who can help bridge a conflict gap and point employees into the right direction. In a board sense, conflict resolution can exist between disagreements, between two individuals, companies involved in litigation or even countries seeking support to the highest level such as the United Nations. The common denominator between all these examples is the need for an outside intervention to solve the issues at hand. The first step in addressing conflict resolution is to identify the source of the issue and the parties involved. As a leader in the business world, it is important to fine tune your intrapersonal skills to indentify when this issues arise. A experienced leader will act fast to resolve the conflict before it spreads throughout the department like a cancer. A conflict can be brought to a manager’s attention by coworkers who witnessed the incident or management may notify a leader of a certain conflict. It is important to keep in mind that not all conflict is necessary confrontational or hostile. Conflict can take many...
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...Conflict Resolution Conflict is a state of disagreement between two or more parties. This disagreement can be realized in both peaceful and violent manifestations. A clash of interests, values, actions, or directions often sparks a conflict. Conflict occurs on many levels-within the individual when a person confronts their own competing desires; between individuals such as in a marriage; between groups of individuals, such as work groups; between societies or cultures, such as different religions or ethnicities; or international conflict which may become a fully fledged war. Causes for conflict are many but all conflicts have as their root cause self-centered behavior, when one's personal desires, or those of one's own group, are pursued without regard for the needs of the other or for the larger society to which both belong. The result of such selfishness is the breakdown of harmonious interactions or the initiation of aggressive and destructive behavior. Conflict theory attempts to explain social conflict through the idea that all participants in a group or society attempt to maximize their personal benefits and are therefore at odds with all other members of the population. Conflict resolution is the ending of a conflict, or at least reduction of its severity. It may involve conflict management, in which the parties continue the conflict but adopt less extreme tactics; settlement, in which they reach agreement on enough issues that the conflict stops; or removal of the...
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...Take Video fail to pay as agreed, the company will default on the lease agreement (Pearson, 2011). Quick Take Video may file a cross-complaint alleging fraud and deception. Fraud occurs when one is dishonest for gain. Nonlinear Pro’s salesperson fraudulently secured a three-month lease agreement by presenting what appeared to be a delivery confirmation statement for signature. The lease agreement may be void because Janet Mason may not be authorized to make agreements on behalf of Quick Take Video (Pearson, 2011). The Advantages of Arbitration Arbitration is a method of conflict resolution that allows the parties in conflict to present their case to a neutral third-party subject expert. Because arbitration is an alternative to traditional litigations, the proceedings are less formal, and because the proceedings are less formal, the rules can be altered to meet the needs of the needs of parties. Unlike traditional litigation, the arbitration process is quick, and the matter is handled privately whereas traditional litigation is public record. It is important to understand that although arbitration is less formal, less expensive than traditional litigation, and private, arbitration is adversarial; only one side will win (Chessman, 2010)....
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...to make a mutual decision between parties who are unable to resolve issues by themselves as well as avoid high cost legal fees. Mediation and arbitration may not work all the time but with the right mediator and arbitrator, at least eighty percent of the time they are able to work out an agreement that is acceptable to both parties (Cahn & Abigail, 2007, pg. 196). Once the case is acceptable, legal action may not be needed and the parties can move forward to an agreement. Cahn & Abigail (2007) defined the role of arbitration as a neutral third party considering both sides of a dispute and makes a decision, which is more binding than that of a judge in the legal system if both parties have agreed in advance to abide by the decision (no appeal)” (pg. 195). Depending on the situation and conflict, it can be beneficial going through arbitration so all parties will be able to express their side without having a judge or jurors make a final ruling. Cahn & Abigail (2007) defined the role of mediation as a neutral third party that facilitates communication between the conflicting parties so that they may work out their own mutually acceptable agreement” (pg. 195). Conflicts can be difficult to resolve because all parties feel that their way is the right way and no other way is right. This can get out of line especially when the conflict needs to be resolved. The function of mediation and arbitration is to resolve conflicts through a third party that is unbiased by creating productive...
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...Danielle Murray Saint Leo University MBA 530 – Conflict Resolution Dr. Cecile T. Massé, Ph.D. April 10, 2014 Assignment #2 Abstract Conflict is something that comes up every day whether at home, work, school, or out running errands. There is no way to escape conflict. We must find ways to resolve the conflict; otherwise, life will be miserable and stressful. In this paper, I will be discussing the types of conflict, approaches to conflict resolution, and how to deal with conflict. Introduction We resolve conflicts every day without even realizing it. It can be something as small as arguing over what color the sky is to something as major as a car accident. Everyone deals with issues that come up in different ways. Nelson & Quick (2013) defined conflict as “any situation in which incompatible goals, attitudes, emotions, or behaviors lead to disagreement or opposition for two or more parties” (p. 472). Resolution was then defined as “a decision or determination; the act determining an action or course of action, method, procedure, etc” (“Resolution, 2014). In 2013, Ome summed up conflict resolution as “a variety of approaches aimed at terminating conflicts through the constructive solving of problems” (p. 5512). Types of Conflict Nelson & Quick (2013) broke down the types of conflicts for us to better understand and distinguish. Functional conflict is a healthy, constructive disagreement between two or more people (p. 472). It can produce more ideas and build...
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...Alternative dispute resolution (ADR) (also known as external dispute resolution in some countries, such as Australia[1]) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement 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...
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...According to Karl Marx, conflict is an attribute of an enduring power struggle between the employer and the employees over the control of various aspect of work, nature of tasks, values and rate of remuneration. Industrial conflict occurs when employees express their dissatisfaction with management over the current state of the management-employee relationship. The causes of such dissatisfaction are typically matters related to regular wage payment, wage increase or remunerations according to terms of employment contract. Conflict may manifest in the form of peaceful bargaining and grievance handling of boycotts or restriction of output, sabotage and above all absenteeism which could be grouped into formal and inform. It should be noted that the absence of strikes does not imply or mean there is no industrial conflict because such conflict could be express latently or covertly. FORMS OF CONFLICT AND HOW IT CAN BE AVERTED: Leadership Style This style of leadership is importance to ensure team work, and creates harmony in a group by connecting people to each other whereby leadership style is being used against the employee.an autocratic leadership style will definitely breeds conflictual atmosphere. Poor Communication Poor communication creates uncertainty between the employer and the employee that leads to stress and conflict. For instance, a worker may be waiting for his employer to deliver key information so they can complete a task on time. If the employer does not...
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...TRADITIONAL VERSUS NONTRADITIONAL LITIGATION Disputes between parties will happen. Resolving disputes quickly and efficiently is key. Understanding the traditional litigation system and alternative methods of dispute resolution is important. The goal of both traditional and nontraditional litigation is the same: resolution. The purpose of this paper is to compare and contrast the traditional litigation system with alternative dispute resolution (ADR). Compare Cheeseman (2010) defines litigation as “the process of bringing, maintaining, and defending a lawsuit” (p. 35). In either traditional litigation or ADR, an objective third party decides the outcome of the dispute. In traditional judicial dispute resolution, a judge or jury reaches a verdict. In ADR, a third party typically decides upon a resolution or facilitates an agreement whereby the parties reach an agreement through compromise. This third party can take the form of arbitrator, mediator, judicial referee, or conciliator. The type of third party used and the method of reaching an outcome in ADR is determined by the earlier contractual clause, or at the election of the disputing parties. (Cheeseman, 2010). Contrast The judicial litigation process can be time-consuming, public, and expensive. Before a case goes to trial, the parties engage in a pretrial litigation process. This process includes “pleadings, discovery, dismissals and pretrial judgments, and settlement conference” (Cheeseman, 2010, p. 35). If...
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