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Conflict Managment

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Conflict Management ­HRM624
VU
Lesson 39
NON BINDING EVALUATION
Quotation
"A little inaccuracy sometimes saves a ton of explanation." H. H. Munro
We will learn
1. Nonbinding evaluation as a class of ADR that brings out merits and demerits of the disputes.
2. Advantages and disadvantages of non-binding evaluation compared with other forms of ADR.
3. Appropriate uses of nonbinding evaluation.
Lawyers with adversarial attitude like non-binding evaluation.
Non-Binding Evaluation
Non-binding evaluation is a group of processes used in legal disputes to evaluate the likely outcome of the
dispute being taken to court. It is also called mixed or `hybrid' forms of ADR since it contains the
characteristics of both negotiation and adjudication. It is a form of assisted negotiation. It consists of a
hearing followed by an evaluation award which is advisory only. It is an assessment of strengths and
weaknesses of both disputants. In adversarial legal system, it is considered the best ADR.
Disadvantage:
Following are the disadvantages of non-binding evaluation.
1. It encourages an adversarial perspective without providing certainty of adjudicated outcome.
2. The complexity and formality of the process is variable.
3. The process of evidence and testimonies may be different for different cases.
4. Outcome may be a single decision or a range of decisions.
5. Non-binding evaluation is a BATNA clarification.
Varieties of Non-binding Evaluation
Following are the various kinds of non-binding evaluation.
1. Non-binding arbitration.
2. Minitrial
3. Summary jury trial.
4. Neutral evaluation.
5. Dispute review board
129
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Conflict Management ­HRM624
VU
Who is typically What is
What is the
Process
Nature of outcome
typically
process useful
the neutral?
presented?
for?
General
Arbitration award,
Oral
Nonbindin  Arbitrator,
BATNA
advisory only; may
arguments;
who may be
g
be oral, written, or
occasionally
arbitration an attorney, a
clarification
exhibits and
retired judge
both
informal
or an ADR
testimony (as
neutral
in
arbitration)
BATNA
Typically, no outcome
Typically,
Corporate
Minitrial
clarification
per se; observations of
oral
executives with
for those in a
hearing provide
arguments;
authority to
position to
BATNA clarification
may also be
settle; may also
to those with authority
some
be a neutral
settle
to negotiate
evidentiary
moderator
settlement; advisory
showing
award may be issued
by neutral if no
settlement reached
Teasing out of
Abbreviated
Nonbinding
Members of
Summary
complicated
version of
the jury pool
verdict
jury trial
factual issues (as
litigated
as a
in class
adjudicators;
case
actions/products
judge or
liability);
retired judge
BATNA if jury
as moderator
trial expected;
"day in court" for
litigants
Assessment of
Typically,
Experts in
Neutral
BATNA
the strengths
oral
technical area
evaluation
clarification;
and weaknesses
of dispute, or
arguments
expert
of each sides
lawyers with
empowerment
case; may
expertise in
include
the sort of
dispute being
advisory award
litigated
130
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Conflict Management ­HRM624
VU
Overcoming of
A summary
An
Dispute
A penal of
costly impasses
of disputes
advisor
review
leaders or
and delays
that
y
board
other experts
created by
threatens to
decisio
(example
in the field
disputes that
delay or
n
; M2
involved,
occur during
derail a
Motorwa
empanelled
complex
complex
y
by the owner
construction
construction
construct
and
projects
project
ion by
contractor in
Turkish
construction
firm)
project
131
img
Conflict Management ­HRM624
VU
Varieties of nonbinding evaluation
What is the
Process
Who is typically the What is typically
Nature of outcome
process useful
neutral?
presented?
for?
Nonbinding
Arbitrator, who
Oral arguments; Arbitration award, advisory General
arbitration
may be an
occasionally
only; may be oral, written,  BATNA
attorney, a retired
exhibits and
or both
clarification
judge or an ADR
informal
neutral
testimony (as in
arbitration)
Minitrial
Corporate
Typically, oral
Typically, no outcome per
BATNA
executives with
arguments; may
se; observations of hearing
clarification for
authority to settle;
also be some
provide BATNA
those in a
may also be a
evidentiary
clarification to those with
position to
neutral moderator
showing
authority to negotiate
settle
settlement; advisory award
may be issued by neutral if
no settlement reached
Teasing out of
Members of the jury
Abbreviated
Nonbinding verdict
Summary jury
complicated factual
pool as a
version of litigated
trial
issues (as in class
adjudicators; judge
case
actions/products
or retired judge as
liability); BATNA if
moderator
jury trial expected;
"day in court" for
litigants
132
img
Conflict Management ­HRM624
VU
Varieties of nonbinding evaluation
What is the
Who is typically What is
Nature of outcome
Process
process useful
typically
the neutral?
for?
presented?
BATNA
Assessment of the
Experts in
Typically, oral
Neutral
clarification;
strengths and weaknesses
technical area of
arguments
evaluation
expert
of each sides case; may
dispute, or
empowerment
include advisory award
lawyers with
expertise in the
sort of dispute
being litigated
Overcoming of
A summary of  An advisory decision
A penal of
Dispute
costly
disputes that
leaders or other
review board
impasses and
threatens to
experts in the
(example;
delays created
delay or derail a
field involved,
M2
by disputes
complex
empanelled by
Motorway
that occur
construction
the owner and
construction
during
project
contractor in a
by Turkish
complex
construction
firm)
construction
project
projects
133
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 disputantís 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 Deutschís 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 Clientsí 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