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Essay on Mediation Management
Literature review on mediation
Literature review on mediation
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A recent movement emerging throughout many businesses today is the development of workplaces that are more collaborative and less confrontational. Companies and workers alike are gradually recognizing the problems each other face when they treat each other as adversaries, instead of partners, when producing goods or services. Progressive firms are revisiting management and production methods that stress informed participation, expanded responsibility, and decentralized authority. To achieve these objectives, organizations are discovering that mediation is the best method to resolve workplace disputes.
Mediation is also useful in settling workplace disagreements for companies that have no plans to change the philosophy or structure of their business. In terms of lost time and energy, money spent, and relationships shattered beyond repair, the litigation of employment dispute can be extremely damaging to business. Mediation can help firms minimize the costs they bear when trying to resolve differences that arise within the workplace.
Mediation in the workplace can be equally beneficial to both employers and employees. It offers quick and mutually satisfactory resolutions to all parties involved. Mediated resolutions are often more effective in the short and long run, because everyone involved has a vested interested through the buy in. Moreover, mediation takes the final decision making process out of authorities who are tasked to come up with the solutions to the problem. Mediation also promotes a shared respect through enhanced communication and can relax an environment where everyone is continually on the defensive.
As a whole, mediation within the workplace is very different from mediation within the framework of litigat...
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...t review process, with senior managers given the option of referring the matter to mediation or allowing the HR department to extend mediation during any time in the review process. A standalone procedures list may help as well. Please see Appendix A for a sample procedure list downloaded from the Johns Hopkins Workplace Mediation Center, which can be useful guide for any business seeking to institute a work place mediation program.
Ultimately, the mediation of workplace disputes is here to stay. It is the most cost-effective, satisfactory and timely dispute resolution mechanism that employers can use. Furthermore, it is beneficial in creating and sustaining a shared workplace culture that employers strive for. Companies that are intent on bringing these benefits to their business should not hesitate to include mediation into their dispute resolution platform.
In considering the probable benefits of mediation, Ridley-Duff & Bennett (2011) argues it would be helpful to consider various critical underlying theoretical questions: What is the reasons the negotiation failed? What are the barriers of effective resolution conflict by negotiation? Mediation saves time, money, promotes communication and cooperation, provides an environment to voluntarily resolve disputes, private and confidential, can reduce hostility and encourage healthy relationships, stress, can result in a win-win solution (Clarkson, Cross, Jentz & Miller,
Mediation is typically used in disputes involving employers and workers where it would be important to maintain the working relationship (Kubasek, p. 72). Mediation, in this scenario would not be beneficial because Margolin may ask for substantial compensation and Funny face could refusing to pay. Also may want to seek criminal charges on Funny Face.
Seagriff, B. L. (2010). Keep Your Lunch Money: Alleviating Workplace Bullying with Mediation. Ohio State Journal on Dispute Resolution, 25(2), 575-602. Retrieved from EBSCOhost Database (AN: 51613327)
A good mediator steers the couple away from arguments and name-calling and makes the process as businesslike as possible. Mediation eliminates much of the rancor found in divorce court. The mediation process focuses on the real-life issues occurring at the end of a marriage instead of rehashing past ill will. A mediator doesn’t advise either partner, but helps them arrive at the best decisions possible through discussion and compromise.
Riaz, M. & Junaid, F. (2011). Types, Sources, Cost and Consequences of Workplace Conflicts. Asian Journal of Management Research. 2(1), 600-611.
(Tost, Gino & Larrick 2013) argues that “when a formal leader experiences a heightened subjective sense of power, he or she tends to dominate group discussions and interactions, which leads other team members to perceive that their views and perspectives are not valued”. This perceived imbalance definitely hampers any attempt at managing workplace conflict. When employees feel that they have no authority or empowerment they tend to be disengaged, and disengaged employees effect productivity. Low productivity can be considered a form of dissatisfaction and thus labelled a conflict that must be addressed by both employee and manager.
My first suggestion for employers and their workers is to institute an open door policy for informal conflict resolution, a proven method for minimizing the likelihood of escalating conflict (Newman, 2013). If an employee can stroll into their supervisor’s office at any time with a concern, the issue can hopefully be addressed before things progress to a stage where formal steps become necessary. My second suggestion is inspired by Lewin’s (2014) comments on the criticality of employees having a voice within their organization. While open door policies are one way to resolve issues before they become a grievance, I advocate for regularly scheduled (perhaps quarterly) meetings where workers can voice concerns or challenges amongst each other. This type of forum, set up by the union or human resource department, allows issues to be presented to a group for a synergistic solution before they reach the level where a grievance is
Ott, Marvin C. "Mediation as a Method of Conflict Resolution: Two Cases." International Organization 26.04 (1972): 595-618. JSTOR. Web. 3 Dec. 2013.
Many people enjoy working or participating in a group or team, but when a group of people work together chances are that conflicts will occur. Hazleton describes conflict as the discrepancy between what is the perceived reality and what is seen as ideal (2007). “We enter into conflicts reluctantly, cautiously, angrily, nervously, confidently- and emerge from them battered, exhausted, sad, satisfied, triumphant. And still many of us underestimate or overlook the merits of conflict- the opportunity conflict offers every time it occurs” (Schilling, nd.). Conflict does not have to lead to a hostile environment or to broken relationships. Conflict if resolved effectively can lead to a positive experience for everyone involved. First, there must be an understanding of the reasons why conflicts occur. The conflict must be approached with an open mind. Using specific strategies can lead to a successful resolution for all parties involved. The Thomas-Kilmann Conflict Mode Instrument states “there are five general approaches to dealing with conflict. The five approaches are avoidance, accommodation, competition, compromise, and collaboration. Conflict resolution is situational and no one approach provides the best or right approach for all circumstances” (Thomas, 2000).
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).
workplace include greater total resources, greater knowledge band and a greater source of ideas. However, these advantages can also bring on conflict within teams and the entire workplace. Varney (1989) reported that conflict remained the number one problem within a large company. This was after several attempts were made to train management in conflict resolutions and procedures. However, the conflict remained. The conflict possibly remains because the managers and leaders did not pay attention to the seriousness of the issue. In order to maintain an effective team, leaders and team members must know and be proactive in the conflict resolution techniques and procedures.
Although functions of mediators and arbitrators have several characteristics in common, there are significant instrumental differences that make them distinct from one another. Firstly, whereas the arbitration process is similar to litigation in its adversarial nature, in which parties have the objective to win the dispute, the fundamental goal of mediation is to bring the disputants to settlement through compromise and cooperation without finding a guilty party. In arbitration, parties compete against each other in “win-lose” situation. During mediation, parties work on mutually acceptable conditions with the assistance of a facilitator. In this process, mediators do not have power to make decisions, they work to reconcile the competing needs and interests of involved parties. The mediator’s tasks are to assist disputants to identify, understand, and articulate their needs and interests to each other (Christopher W. Moore,
Unnecessary conflict may be prevented through employee involvement and treating employees in a fair manner. Ethical employment practices, involving employees in decisions, and treating employees as valued organizational members all work towards a positive employer-employee relationship. Unfortunately, however, it sometimes becomes necessary for an outside party to help employers and employees resolve differences through processes such as mediation or arbitration. Taken together, positive engagement strategies and constructive resolution of differences help to develop relationships which support organizational performance and success.
Lundine, Susan (1998) Management consultants offer conflict resolution advice. Source: Orlando Business Journal, 01/23/98, Vol. 14 Issue 35, p15, 2p, 1 chart, 3bw. Available: www.wls.lib.ny.us/databases/ebsco.com 06/10/99
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.