...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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...| 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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...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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...through mediation and arbitration 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...
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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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...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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...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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...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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...satisfaction with both the dispute resolution process and the outcome. Disagreements within the team that are subject to the ADR clause are: • Non-participation or absenteeism of a team member. • Not respecting team members to include diversity of the team. • Unethical 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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...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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...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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...Learning Team Alternative Dispute Resolution (ADR) Clause Mariela Quinones LAW/531 Monday, April 5, 2010 Jonathan Jamieson Alternative Dispute Resolution (ADR) Alternative dispute resolution refers to a variety of methods in which conflicts and disputes are resolved without litigation. It is an alternative system that responds to the needs of parties involved in disputes. Some types of ADR are arbitration, mediation, medarb, minitrial, rent a judge, summary jury trials, early neutral evaluation, and peer review (Jennings, 2006, p. 111-119). These methods provide fast and effective results without the higher cost and long term of a litigation process. Learning Team Conflicts Conflicts, disputes, or disagreements among team members will be initially settle and handle through proper communication and negotiation between team members. ADR will be exclusive for those disputes and problems that can not be resolve in a timely manner and are affecting the team to achieve goals and deliver their projects. Some conflicts are necessary to bring new perspectives and different points of view among a diverse group of people. They enhance positive productivity, responsiveness, and effectiveness in achieving goals. Disagreements that are subject to an alternative dispute clause • Violation of conduct code. • Lack of participation. • Minimum communication. • Poor performance. • Negative attitude toward the team. • Late delivery of assignments...
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...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 the development of strong organizational cultures to promote future organizational management. Conflict resolution refers to all the activities that are applied to trim down the degree of violence in conflict and develop some level...
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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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...handle individual disputes on a personal and business level. The resolution may come in contact with some disagreements. The Alternative Dispute Resolution (ADR) would be something that we would have as a backup. When things are not going very well then this is when we can implement this, so things settle professionally. Courts aren't the only avenues to resolve disputes; ADR are on the horizon of many individuals and businesses to resolve conflicts and disagreements. According to Melvin P. Sean, (2011), the increased numbers of individuals and companies utilizing different means other than courts, such as ADR to resolve disputes is between 20 to 31 percent. Courts procedures are drawn-out and lengthy, and many believe the time spent in courtrooms, could be spent in other productive activities. In addition, courts litigation are publicly exposed which risks leaking out valuable businesses' formulas and information that’s as equally important as any tangible assets. Below is each of these methods, how they function and in what particular circumstances and atmosphere are best utilized: 1- Arbitration, an arbitrator resembles the traditional courtroom's judge in sense that an arbitrator listens to both parties involved in a conflict, reviews and examines evidences, and may call out to hear witnesses to ultimately come up and infer an impartial judgment. It’s best to hear cases that both parties want to avoid the lengthy process and the...
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