Dispute Resolution Methods

Topics: Alternative dispute resolution, Mediation, Dispute resolution Pages: 3 (1121 words) Published: August 17, 2013
SCENARIO 1

Supervisor, Carl, does not get on with one of his workers, Chia. Carl decides to change Chia from day shift to night shift. Chia is not happy and calls the union. Write Maximum of 400 words answer here:

Assumptions: between Carl and Chia there could be differences in personality and termperament, lack of effective communication skills, gender, generational and cultural issues, ongoing cycles of workplace change that do not seem to improve anything Mediation and Conciliation provides an opportunity for those involved to address the issues, explore options and reach a workable outcome through a mutually agreeable course of action. The process is flexible and can be adapted depending on the individual situations but essentially revolves around giving every individual concerned an opportunity to give their side of the story and to work with the other party to find a solution. The process may involve a mix of joint meetings or meetings with the mediator or conciliator alone. The entire process is focused on every individual involved, being comfortable with the process and on the active exploration of potential solutions. Mediation advantages: its confidential, its fast, it is impartial, encourages people to accept responsibility for their part, build a positive and supportive environment, builds faith in the parties involved and helps people fulfil their desire for closure Mediation disadvantages: seeks revenge, is not motivated and it is used as a delay tactic, has lack of trust, is likely to negotiate in bad faith, prefers more formal methods and has a closed mind Conciliation advantages: its free, it is less time consuming than going to court, there is no media exposure to the individual parties, it is less formal as compared to court trial, it is voluntary, informality, privacy, confidentiality, agreement, encourages people to clarify their positions, take responsibility and to behave generously, future oriented – works towards solutions; encourages...
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