ZeePedia buy college essays online


Conflict Managment

<<< Previous DISPUTE RESOLUTION II:Adjudication, Litigation, Mediation-Arbitration Next >>>
 
img
Conflict Management ­HRM624
VU
Lesson 3
DISPUTE RESOLUTION II
Quotations
A man's greatest battles are the ones he fights within himself.
Ben Okri (1959 - ) Nigerian novelist, short-story writer, and poet.
"We have met the enemy and it is us." Walt Kelly
Dispute resolution processes can be divided into two main categories, according to the identities of the
persons who decide the outcome. These two categories are called Adjudication and Negotiation.
Adjudication
In adjudication the decision maker is a neutral third party, rather than the disputants.
Kinds of Adjudication
Following are the important forms of Adjudication
a) Litigation
b) Agency Adjudication
c) Arbitration
Litigation
Litigation is an adjudication in court system, under legal auspices, in which the adjudicator is the judge.
a) Only certain situations can legally be taken to court.
b) Process is very formal and structured to protect the due process rights of the litigants.
c) In litigation only certain kinds of outcomes are legally possible.
Agency adjudication
Agency adjudication is similar to litigation. Except that the law underlying recourse to the process is
regulatory.
1. Adjudicator is often called an administrative law judge or hearing officer.
2. May be less formal and structured than litigation.
Arbitration
Arbitration is the form of adjudication in which authority of adjudicator is conferred by disputants'
contract.
It may be provided for by a court rather than privately but if so,
1. The parties are free to decline arbitration, or
2. If the parties must participate , they are free to disregard the results (making this non binding
evaluation)
Negotiation and Adjudication: Basic Distinction
In negotiation the disputants decide the issue whereas in adjudication the neutral third party decides the
issue.
12
img
Conflict Management ­HRM624
VU
Negotiation
The process in which disputants seek to resolve an interpersonal conflict through dialogue or another form
of communication is called negotiation. In negotiation, the disputants themselves decide mutually whether,
and on what terms, the conflict should be resolved.
Forms of Negotiation
There are various types of negotiation.
a) Assisted (Facilitated) Negotiation
b) Unassisted (simple) Negotiation
Simple negotiation
In this type of negotiation only participants are the disputants.
Assisted (or facilitated) negotiation
In assisted negotiation the disputants are joined by others.
Types of Assisted Negotiation
Following are the various types of assisted negotiation.
a) Agent or advocate-assisted disputants' representatives conduct the negotiation
b) Mediation- neutral third party assists the disputants in settling the dispute.
c) Nonbinding evaluation- neutral third party renders a nonbinding evaluation of the conflict
Simple Negotiation
Disputant
Disputant
"Persuade"
Other
Decision makers
directions
participants
13
img
Conflict Management ­HRM624
VU
Negotiation with Agents or Advocates
Agent
Agent
or
or
advocate
advocate
Disputant
Disputant
"Persuade"
Other
Decision makers
directions
participants
Mediation
Neutral
Disputant
Disputant
"Persuade"
"Assist"
Other
Decision makers
directions
directions
participants
14
img
Conflict Management ­HRM624
VU
Nonbinding
Evaluation
Neutral
Non-
binding
decision
Disputant
Disputant
"Persuade"
"Assist"
Other
Decision makers
directions
directions
participants
Mixed (Hybrid) Processes
Processes that combine the attributes of two or more of the major forms of dispute resolution are called
mixed (hybrid) processes.
It combines elements of mediation, adjudication, and/or nonbinding evaluation.
Basic Dispute Resolution
Forms
Agent or
advocate-
Simple
assisted
Negotiation
Assisted/
Mediation
Facilitated
Mixed/Hybrid
Nonbinding
ADR
Evaluation
Litigation
Agency Adjudication
Adjudication
Arbitration
Some of the Types of Mixed Dispute Resolution Processes
15
img
Conflict Management ­HRM624
VU
1. Mediation-Arbitration
In this process mediating parties submit their dispute to arbitration if mediation does not result in
settlement.
2. Arbitration-mediation
In this process an arbitrator issues an award, but keeps it a secret and destroys it if the disputants reach
agreement in a subsequent mediation.
16
Table of Contents:
  1. INTRODUCTION TO CONFLICT:Dispute, Legal Dispute, Call the police
  2. DISPUTE RESOLUTION 1:Positive affect in Negotiation, Alternative Dispute Resolution
  3. DISPUTE RESOLUTION II:Adjudication, Litigation, Mediation-Arbitration
  4. PRECONCEPTIONS ABOUT CONFLICT I:Pedagogical development, Pressures against Innovation
  5. PRECONCEPTIONS ABOUT CONFLICT II:Cultural beliefs about interpersonal conflict, Why strategies of change fail
  6. CONFLICT DIAGNOSIS:Who Needs to Know About Conflict Diagnosis?, Steps in Conflict Diagnosis
  7. RECURRENT THEMES IN CONFLICT DIAGNOSIS I:The Seven Steps of Social Behavior, Seven steps to diagnose conflict
  8. RECURRENT THEMES IN CONFLICT DIAGNOSIS II:Themes of Conflict Diagnosis
  9. DESCRIBING THE CONFLICT I:Description of Conflict, Identifying Interpersonal Conflict
  10. DESCRIBING THE CONFLICT II:Step 1 for Conflict Diagnosis, interpersonal or intrapersonal
  11. SOURCES AND CAUSES OF CONFLICT I:Main Sources of Conflict, Discussing major sources of conflict
  12. SOURCES AND CAUSES OF CONFLICT II
  13. INTEREST ANALYSIS I:Analyzing your interests, Analyzing the other disputant’s interests
  14. INTEREST ANALYSIS II:What are interests?, Tips for Interest Trees
  15. INTEREST ANALYSIS II:Principles and values, Basic Human Needs
  16. ASSESSING THE CHARACTER OF THE CONFLICT I, Premises of Deutsch’s Theory
  17. ASSESSING THE CHARACTER OF THE CONFLICT II:Techniques to transform competitive conflict into cooperative
  18. TRUST AND ITS SIGNIFICANCE I:What is Mistrust,Trust and business,Three levels of trust
  19. TRUST AND ITS SIGNIFICANCE II:Advantages of high trust level, Building of trust
  20. ASSESSING IMPEDIMENTS TO RESOLVE THE CONFLICT I:Motivation to seek vengeance, Mistrust
  21. ASSESSING THE IMPEDIMENTS TO RESOLVING THE CONFLICT II:Disempowered Disputant, Unpleasant Disputant
  22. ASSESSING THE NEGOTIATING STYLE I:Dual Concern Model, Dominating or competition style
  23. ASSESSING THE NEGOTIATING STYLE:Dual Concern Model, Tactics Used In Integrating
  24. ASSESSING POWER AMONG DISPUTANTS:Conflict and Power, Kinds of power in the Relationship Domain
  25. ASSESSING POWER AMONG DISPUTANTS II:Sources of Relationship Power, Context and Power
  26. POWER, CONFLICT, AND BATNA III:Role of Third Party in BATNA, Dealing with Power Imbalance
  27. STEREOTYPES, DIVERSITY, AND CONFLICT I:Stereotyping, Stereotyping in Interpersonal Conflict
  28. STEREOTYPES, DIVERSITY, AND CONFLICT:Categories of Diversity Issues, Seven Mental Processes to Prove Stereotypes
  29. STEREOTYPES, DIVERSITY AND CONFLICT III:Individual Difference and Social Category, Cultural differences in values
  30. MEDIATION I:When is mediation required, Processes Related to Mediation, Product of Mediation
  31. MEDIATION II:Important distinguishing factors, More Advantages and Disadvantages of Pure Mediation
  32. ADVANTAGES AND DISADVANTAGES OF MEDIATION I:Efficiency Consideration, Conflict Management and Prevention
  33. ADVANTAGES AND DISADVANTAGES OF MEDIATION II:Quality of Consent, Effects on the parties to mediation
  34. PROCESS OF MEDIATION:Stages of Mediation, Facilitative tactics in mediation
  35. LAW AND ETHICS OF MEDIATION I:Characteristics of mediation, Confidentiality
  36. LAW AND ETHICS OF MEDIATION II:Role of ethics in mediation, 8 Dimensions of Ethics in Mediation
  37. ARBITRATION I:Ways to Resolve Conflict, Advantages of Arbitration, Disadvantages of Arbitration
  38. ARBITRATION II:Varieties of Arbitration, Process of Arbitration, Contents of Arbitration Act
  39. NON BINDING EVALUATION:Disadvantage, Varieties of Non-binding Evaluation
  40. NON BINDING EVALUATION II:Varieties of Non-binding Evaluation, Advantages and disadvantages of Non-binding Evaluation
  41. MIXED AND MULTIMODAL DISPUTE RESOLUTION:Six System Design Principles, Extensions of Dispute Systems Design
  42. POWER TOOLS AND MAGIC KEYS I:Introduction, Necessity of conflict diagnosis, Using conflict diagnosis
  43. POWER TOOLS AND MAGIC KEYS II:Proposed Contents of a Clients’ Interview, Impediments to use facilitative mediation
  44. PANCHAYAT, LOCAL GOVERNMENT SYSTEM, AND ADR, Definitions of Panchayat, Definition of Jirga
  45. SUMMARY AND MESSAGE OF THE COURSE:Definitions of conflict, Negotiation, Meditation, Adjudication