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Negotiation skills - case study report
Negotiation skills are useful
Negotiation skills - case study report
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Ever since I can remember, I have always tried to negotiate for my family and friends during an argument or disagreement. I enjoy helping opposing sides of a quarrel come to an acceptable conclusion. Because of my mitigation abilities, many of my friends have suggested that they could see me becoming a lawyer when I grow up. However, I have little patience for all of the legal maneuvering and formalities found in a typical courtroom proceeding. I had all but dismissed this career path until I heard about the role of an arbitrator. Arbitrators function as a mediator between two parties that cannot come to an agreement about something but do not want to bring it to court. Since arbitrators typically do not carry out their hearings in a courtroom, they are usually more flexible and less strict than a typical court proceeding. After doing a little research, I decided that I wanted to become an arbitrator. My journey to become an arbitrator will be a very hard path to follow but will be very rewarding in the end. With this in mind, there will be many educational requirements that I will need to fulfill. Beyond obtaining a Bachelor’s or Master’s …show more content…
This includes legal codes, agency rules, etc. Since laws change regularly, it is important that I keep up with all of the revisions. To keep up with new laws, I can use certain resources such as law libraries. I can access these libraries via the Internet or I could visit an actual physical law library. To keep up with all of the complex formalities of corporations, I could utilize Human Resources Departments within companies. These departments are useful to me because they would help me understand all of the regulations within a certain company that I need to know in order to effectively arbitrate. These are the basic job requirements that I will need to fulfill in order to become a successful
Supervisor need communication skills, fairness, negotiation skills and resolution skills to mediate conflicts. Also supervisor should be an active listener, need to understand the problem, reason for conflict correctly. Then the mediator should be unbiased. Mediating supervisor should not be a part of the issue or problem. It will help to develop the trust between two parties or individual.
In psychological research it is important to understand the effects of moderators and mediators to the research being conducted. A moderator is a variable that exists prior to the experiment which affects the reaction of the independent variable on the dependent variable. A mediator is a variable that reduces the significance of the relationship of an independent variable on the dependent variable. A way to understand this concept is to explore specific examples.
This statement is further elaborated by Schmitz who states that the parties of the arbitral proceedings have to respect and maintain whatever they have learnt in the arbitration as secret. The press and the public lose the access to the hearings and the awards. The documents used in the arbitral proceeding would not be admissible in court proceedings. But in reality this type of secrecy does not exist in arbitral proceedings since certain information need to be disclosed for the public welfare. As one author has noted, “Privacy is concerned with the right of persons other than the arbitrators, parties and their necessary representatives and witnesses, to attend the arbitration hearing and to know about the arbitration. Confidentiality by contrast, is concerned with information relating to the content of the proceedings, evidence and documents, addresses, transcripts of the hearings or the award.” The general practice for determining the issue of confidentiality is to see through the customs, usage and whether confidentiality has been impliedly included in the arbitration
The concept of “cheap talk” focuses on the analysis of how much information can dependably be forwarded when the communication is direct and costless. Biased experts tend to share noisy information with the decision makers. One way in which the decision makers can enhance the exchange of information is to extend communication. Additionally, he or she must try to seek advice from additional experts. Ultimately, writing contracts with the expert can further increase the credibility of the informational transmission. Theoretically, cheap talk is costless and therefore is not expected to have a major impact on the outcomes of interstate communication. As opposed to the cheap talk model, standard “costly signalling” is predicted to provoke a more fluid transmission of information between two actors in the international system. It is precisely the cost of signalling what gives validity to the information provided. As suggested by Farrell and Rabin, authors of previous literature on cheap talk are divided in opinion. Some scholars argue that cheap talk is rather useless, while others believe that it it is helpful in interstate communication and can actually improve the advantages of both sides. While examining the literature on cheap talk, it is important to highlight additional tools of international communication, such as diplomacy and mediation. The analysis of these issues provides a close insight into the credibility of arguments regarding cheap talk. Several historical cases serve as examples of costly signalling and its outcomes, one of the most recent ones being NATO's show of strength prior to the...
It deals with ‘constitutional’ law, criminal law and administrative law, and it also deals with disputes involving employees.
A career that I have been interested for a very long time is in Psychology, which is to be a Counseling Psychologist. To be a Counseling Psychologist research is needed to receive a clear understanding of this specific career. For example, it is valuable to know what are the job requirements/duties, being paid hourly or salary, and if it is required to relocate. However, it is very important for me to know does it fit my personality, the exact year of graduation, what schools will I attend, how long it would take to complete my education and how much will my education cost. These are all-important material to be familiar with and are a journey that I am ready to take and experience.
On the evening of Thursday, April 7, 2016, I attended The Grande at Colts Neck monthly board meeting. My reason for attending the meeting was to ask a few questions about when the grass will be cut and about having security cameras installed on the exterior of my unit due to the disturbing and alarming behavior actions committed by several female residents on Federal Key. Unbeknownst to me two of the female residents that have falsely accused me and my husband of various actions toward them also decided to attend the meeting. The third female resident who has also made false allegations against me and my husband is Board Member Ms. Janice Pacifico, was also present at the meeting.
Alternative Dispute Resolution or ADR refers to a number of various processes that can be used to resolve legal disputes other than by litigation. Recently, methods of dispute resolution which focus on arbitration, mediation and negotiation as an alternative to adjudication have gained notoriety. This notoriety may have been caused by the public perception that ADR methods are less expensive, more efficient, and more satisfactory than the normal traditional course of litigation. The goals of establishing these processes to resolve disputes as an alternative to more formal legal processes include: 1) to make the regular court system more efficient, less costly and more responsive to the needs of the litigants; 2) to offer alternative methods of dispute resolution in addition to the regular court system; and 3) to provide public education about the available alternatives.
Integrative negotiation is often referred to as ‘win-win’ and typically entails two or more issues to be negotiated. It often involves an agreement process that better integrates the aims and goals of all the involved negotiating parties through creative and collaborative problem solving. Relationship is usually more important, with more complex issues being negotiated than with Distributive Negotiation. Integrative negotiation is the process of defining these goals and engaging in a process that permits both parties to maximize their objectives.
Negotiation occurs almost every day in our personal and professional life. Having superior negotiation skills can be critical to the success in our personal and professional life. This essay will illustrate the negotiation style, the planning and the execution of my negotiation skills. I planned on using my negotiation skill on reducing the cost of monthly rent for the apartment. After the reading from Negotiating for Success: Essential Strategies and Skills by George Siedel, one gains success through initiating and stirring the process, and excepting there to be room for change. So, off I set to meet the landlord to negotiate a new price for the monthly rent agreement on the Lease
An arbitrator’s function is usually to interpret the collective bargaining agreement between the parties, not to apply his or her standards of what is right in a given situation. The courts have sought to compel labour and management to a peaceful resolution of grievances through arbitration. The Supreme Court has given support to the arbitration process in a series of decisions, and judicial deferral to arbitration has become a basic tenet of national labour policy. Bibliography Byars, L. L. (1997). The.
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,
However, must be bear in mind that the mediator is at no power of making decisions which bind the parties. The mutual agreement or resolution which achieved during a mediation process will need enforcement by registering the resolution or settlement agreement in court. Although mediation seems like a better solution than the court process however, must be remember that not every mediation session will end up with a settlement or resolution as wanted, take for example a mediation which took place between one of Malaysia celebrity, Hanez Suraya and her Public Relation (PR) Officer, Mohd Fairus...
Mediation being an informal procedure, it has a less adversarial nature. Hence, mediation is considered as an efficient and cost-effective means of dispute settlement in general. Mediation is a mode of alternate dispute resolution which enables the public funds to be saved and also bolster the economy. In this sub-chapter, we will have a further look on the cost-effectiveness of mediation through medical negligence.
Legal factors involve the laws that a firm has to abide by, i.e consumer laws, employee laws…Understanding the varying laws and regulations in a given region of operation is critical to avoiding unnecessary legal costs.