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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.
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)
Riaz, M. & Junaid, F. (2011). Types, Sources, Cost and Consequences of Workplace Conflicts. Asian Journal of Management Research. 2(1), 600-611.
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.
In Tobias Smollett's "The Adventures of Peregrine Pickle," the encounter between Mr. Pickle and Godfrey Gauntlet delves into the intricate dynamics between raw emotions and societal expectations. Through adept use of dialogue, narrative pace, and tone, Smollett navigates the tumultuous landscape of human emotions constrained by social propriety. The dialogue between Mr. Pickle and Godfrey Gauntlet serves as a battleground where their inner turmoil clashes with external decorum. Mr. Pickle's affection for Emilia and his desire to maintain social decorum manifest in his restrained yet palpable emotions.
(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.
Ott, Marvin C. "Mediation as a Method of Conflict Resolution: Two Cases." International Organization 26.04 (1972): 595-618. JSTOR. Web. 3 Dec. 2013.
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
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).
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).
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.
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
In the world of commerce, employment, and other social relations, businesses and individuals strive to choose either arbitration or mediation (conciliation). There are situations when parties submit their cases to arbitration bodies for mediation and, vice versa, when mediators are requested to resolve the dispute through the arbitration award. The arbitration and mediation traditions vary from jurisdiction to jurisdiction, but their general ideas still remain similar. However, while a mediator in a single process possesses no entitled authority to render an award, an arbitrator is vested with more procedural powers and can execute a mediator’s functions. Furthermore, despite the flexibility of arbitration and mediation procedures, as well
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.
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.