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Conflict avoidance, management and dispute resolution procedures
Conflict avoidance, management and dispute resolution procedures
Explain the difference between mediation and negotiation
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Conflicts and disputes are one of the major aspects in society that need to be dealt with on a regular basis. When these conflicts and disputes arise in the workforce, at home, in an institute, or/and in public, there needs to be some form of resolution in order to resolve and maintain a peaceful environment. Conflicts are a part of a healthy relationship, however at times, these conflicts need to be resolved using a conflict resolution process. Although there are several processes that can be used to solve conflicts, mediation and advocacy are two of the most common conflict resolution processes that can be utilized to come to a harmonious conclusion or resolution. Even though mediation and advocacy may seem to fall under the same category, these two are individually and specifically used for certain problematic scenarios as they both uniquely utilize distinctive skills and steps. Mediation is commonly understood as an informal process whereby a neutral third party person helps the conflicting parties try to reach a mutual settlement and does so with no power to impose a resolution. The mutual settlement between two parties is often viewed as the primary or sole value and benefit of going through a mediation process (Baruch & Folger, 2005). Mediation is also seen as a voluntary method of resolving disputes with others. A mediation session is usually a confidential meeting and a safe place to air differences where the mediator or third party person helps participants communicate information and develop resolutions to address their conflicting views (Butler, 2004). Within mediation there are four main approaches: win/lose solution, hopelessness, war, and a win/win solution. The win/lose solution occurs when only one party benefits... ... middle of paper ... ...ion. Disputes or conflicts can arise in any workplace, family home, or institution and they exist when one or more parties disagree with each other’s views and require the help, support, or service of a third party person to find a resolution. A fair and balanced conflict resolution process is important for the most effective outcome between two or more parties. Advocacy and mediation are two of many conflict resolutions that can be used in order to solve a problematic situation. However, certain situations require the skills, processes, and procedures that are exhibited by one more than the other. In some scenarios there may be a need to use both conflict resolutions if one does not proceed accordingly. Understanding the circumstance of the situation is ideal in discovering which conflict resolution would allow parties to come to a mutual agreement or resolution.
Conflicts situation can happen at any time. There are many different ways to handle conflict situations. To strengthen our skills in responding to conflicts situation we must understand the various conflict management style. The five styles of conflict management style include: Competing, Avoiding, Accommodating, Collaborating, and Compromising. The competing style is like a shark, a competitive approach to ensure only your views counts. Avoiding is like a turtle, avoiding every situation and giving up. Accommodating is like a teddy bear, working against your own goals to move forward. Collaborating is like an owl, working together with your partner to achieve both your goals. Compromising is like a fox, negotiating half your goals in order
Abigail, R. A., & Cahn, D. D. (2011). Managing conflict through communication. 4th Ed. Boston: Allyn and Bacon.
Mediation first took off when Baron and Kenny published their manuscript in 1986. Since then it has been cited 72,357 times (2017). Titled “The Moderator-Mediator Distinction,” they set out to conceptually define what these variables were and how could be applied to social psychological research. Although mediation has been around before Baron and Kenny’s paper, many researchers today refer to the “Baron and Kenny” method when approaching a potential mediation model. As suggested, there are three regression equations to test for mediation, and these three factors must be true. First, the independent variable must affect the mediator. Second, the independent variable must affect the dependent variable (Baron & Kenny, 1986); others have suggested this second assumption can be violated, this will be examined later on. Third, the mediator must affect the dependent variable (Baron & Kenny, 1986). It is then a perfect mediation when the independent variable has no effect on the dependent variable when the mediator is controlled. When using multiple
"Mediation is a method of conflict resolution that is designed to help disagreeing parties resolve a dispute without going to court", our text states (Fallon & McConnell, 2007). The goal of a mediator is to find a compromise that is fair and acceptable to both parties. The agreement is not legally binding and does not always result in a settlement. Mediation is a flexible, voluntary, and confidential form of alternative dispute resolution (ADR) in which a neutral third party mediator assists parties to work towards a negotiated settlement. "The mediation process is not binding on the parties, and the mediator does not hear evidence" (Murray,
This essay will provide a detailed examination of what Alternative dispute resolution (ADR) is, particularly mediation, the various techniques of ADR, the advantages and disadvantages of ADR; and whether or not courts should have the authority to compel individuals into undertaking mediation or other forms of ADR. This essay argues against courts having the power to compel litigants into mediation but may be afforded powers to encourage parties to go through mediation at first instance. This essay will base its arguments on whether courts should compel civil litigants to follow the ADR route upon the perceived advantages of ADR and its success rate. The contention of this essay is not that mediation is inappropriately used to settle disputes, but that court-ordered mediation is inappropriate.
Mediation is defined as “a method of ADR in which parties work to form a mutually acceptable agreement” (Lau & Johnson, 2011). With mediation, there is a mediator that works with the parties involved and the parties are present voluntarily. In mediation, mediator does not make a decision with respect to the dispute, but rather acts as a go-between the parties to assist them in coming to an
Poitras, J. (2007). The Paradox of Accepting One's Share of Responsibility in Mediation. Negotiation Journal, 23(3), 267-282. Retrieved January 23, 2012, from ABI/INFORM Global. (Document ID: 1313496891).
This paper focuses on conflict resolution and how it works for almost any disagreement. Throughout our lives, we are offered plenty of opportunities for negotiation, whether it’s between parents and children, co-workers, or friends. This means that you probably already have a variety of strategies for resolving small conflicts. But for more serious conflicts, and conflicts between groups instead of individuals, you may need more skills. “Conflict resolution skills are
In conclusion, a peer mediation program has benefits that could help any organization. Important to an effective peer mediation program is and effective and thorough training plan. The development of this plan should be comprehensive and deliberate. In addition, to the training aspect of this program, developing and recognizing the strengths’ and weakness’ of the mediators is important. Other factors such as the environment and personalities have impactful bearings on the direction of the mediation. Lastly, choosing the correct style of mediation for the situation is necessary. Some styles will work better than other and they are all scenario driven.
My family’s history has made me view that there is a vast need for conflict resolution to restore life after conflicts. Conflict resolution is important before a conflict, in the middle of a conflict and at the end. At all of these stages you are able to help or reduce a conflict situation by using conflict resolution techniques such as mediation. It is also important after a conflict to use conflict resolution; by using conflict resolution you may be able to cope or accept what happened. This conflict also helped widen my view of conflict; conflict can be everywhere locally, nationwide and globally. Conflict also may not be stopped suddenly, as many conflicts have many steps you must partake in before you can move on. This value also helped myself understand the conflict is not always just between two conflicting parties; others can be involved as well even if they are not fighting.
Heathfield, Susan M. "How (and Why) to Hone Your Conflict Resolution Skills." The Balance. About, Inc., 15 Sept. 2016. Web. 24 Apr. 2017.
The few suggestive tips for conflict resolution and management are based on communication fundamentals which are listening, questioning, and making statements. First, negotiation can occur since this conflict does include interactions between two parties – ex-roommate and current roommates, where both parties intentional gather together to discuss resolving a specific dispute. Negotiation presents opportunities for creative problem solving, deeper understanding and reduced tensions (Barsky, 2014) which is needed especially for this situation. Second, mediation which is assisted negotiation, the minor difference between negotiation and assisted negotiation is resolving the conflict including another trusted party to help discuss the issue. Settlement-focused, a specific approach of mediation that fits the circumstances and contribute to converting mismanaged to productive by focusing on how to terminate conflict by bringing the parties to an agreement in efficient manner. Third, a facilitator would be a final suggestion which is similar to assisted negotiation however a group facilitator is specifically for group communication with the techniques to help groups think together, discuss difficult issues, and make critical decisions (Barsky, 2014). Altogether, suggestions to convert mismanaged to productive all correlate with end goal of conflict
Mediation techniques don't exist, or are not adequately
Mediation is a way to solve a dispute without having to resort to court procedure which sometimes could turned out to be rigid, formal and time consuming especially when it needed a lot of paperwork and the possibility of adjournment which could consume years. Besides that, unlike in court, mediator as a third impartial party did not acted as a judge who decides on the resolution however, the mediator will help the parties to explore the needs and issue which before preventing them from achieving a mutual resolution and settlement. The mediation process gave the authority towards the parties to agree with each other and open up the chance for the parties to meet with a resolution at the end of the mediation session.
It is obvious that the use of conflict resolution and mediation is essential in our school systems. Not only does it provide a safer way to talk out the problems between students; it also gives us a mean to handle the problem of violence in our schools more safely.