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An essay on alternative dispute resolution
An essay on alternative dispute resolution
An essay on alternative dispute resolution
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In Chapter One of Emerging Systems for Managing Workplace Cnflict: Lessons from American Corporations for Managers and Dispute Resolution Professionals, authors, David Lipsky, Ronald Seeber, and Richard Fincher (2003) lay the foundation for the rest of the book. They provide historical background on why corporations have shifted from dispute resolution to conflict management and stress the fact the “substantial dissatisfaction” that must drive companies to change how they handle dispute resolution (Lipsky, Seeber, & Fincher, 2003, Chapter 1, Inclination to Change). In addition, the authors articulated the differences between dispute management and conflict management (Chapter 1, Litigation, Dispute, and Conflict Management), detailed the five characteristics of an integrated conflict management system, listed the eight essential elements of a fair conflict management system, and pointed out other characteristics that effective conflict management systems share (Chapter 1, The Concept of a Conflict Management System).
Meanwhile in Chapter Two, Lipsky et al. (2003) asserted that the rise of alternative dispute resolution (ADR) in the United States should be understood as “a phenomenon that is part of a new and emerging social contract.”(para 11). They further detailed the forces of change which seemingly led to the “reorganization of the way work is performed in U.S. companies” (Chapter 2, Forces of Change). Then they closed the chapter by summing up how the recognition of power imbalances between government and citizens, as well as employers and employees led to “developing new strategies and techniques for managing and resolving conflict” (Chapter 2, Conclusion, para 5).
Thus the reading agrees with this cohort member's p...
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...conflict resolution students, she would strive to cover the same information in a more clear cut manner; utilizing a more graphically-appealing layout, keywords, sidebars, and interesting quotes to keep readers engaged. Those issues, however, are simply ones of personal preference and shouldn't take anything away from the text. Emerging Systems for Managing Workplace Conflict is a valuable resource for conflict resolution students.
Works Cited
Amerland, D. (2014, April 8). Business agility: Is the company hierarchy holding you back?. Forbes. Retrieved from http://www.forbes.com/sites/netapp/2014/04/08/business-agility-holacracy/
Lipsky, D. B., Seeber, R. L., & Fincher, R. D. (2003). Emerging systems for managing workplace conflict: lessons from American corporations for managers and dispute resolution professionals. [Kindle edition]. Available from Amazon.com.
Huan, L. & Yazdanifard, R. (2012). The Differences of Conflict Management Styles and Conflict Resolution in Workplaces. Business & Entrepreneurship Journal. 1(1), 141-155.
Conflict management is a strategized approach to understanding the complexity of conflict within any environment. Sources of conflict can derive from many avenues and include such things as scare resources to personal beliefs and work styles and lack of communication. Conflict is said to be inevitable and subjected to time and change. However, many organizations, including the federal department, have created functional methods through the use of historical theorist to become better aware of contribution and resolutions into conflict management. The criminal justice system within the United States have been subjected to many conflicts that hinder the progress of adaptability. What has been uncovered throughout decades of research is that human conflict is intertwined into the very fabric of our society, making it a formidable adversary.
It has been estimated in a study by the American Management Association that managers spend between 20% to as much as 50% of their times dealing with conflict among their employees (American Sentinel, 2012). When workplace conflicts are left unresolved they can lead to dissatisfaction, depression and other problems such as aggression and violence (Whitworth 2008). The negative, sometimes hostile, environment created by unresolved conflict has been recognized to be a hazard not only to staff, but also to patient care (The Joint Commission 2008).
McKenna, Stephen (1995, July). The business impact of management attitudes towards dealing with conflict. Journal of Managerial Psychology, 22(6).
...he who, what, where, why and when methodologies of conducting reprimands, redirects and reinforcement of motivation. Chapter 7 showed me how to manage any type of conflict within the workplace regardless of the situation in an expedient, safe, and effective manner. I also enjoyed learning more about conflict management, strategies used in handling conflicts, and the relationship between each level of conflicts and organizational outcomes.
The following proposed peer review panel for New York & Company’s dispute resolution system was created after reviewing Darden Restaurants and Dollar General Corporation’s peer review panels in Thomas Cavenagh’s Business Dispute Resolution: Best Practices, System Design & Case Management. If an employee does not like a resolution provided by their managers, the employee can drop the dispute altogether or use peer review. The employee first must fill out a Peer Review Request form. The peer review panel will consist of two trained part time sales associates and one trained manager, who are store managers, assistant managers, or sales floor leads. The employee who brought up the dispute can pick the peer review panel from employees who work in
Alternative Dispute Resolution (ADR) involves dispute resolution processes and techniques that fall outside of the government judicial process. There has been moves against ADR in the past by entities of many political parties and their associates, despite this, ADR has gained inclusive acceptance among both the broad community and the legal profession in past years. In fact, many courts now entail some parties to remedy to ADR of some type, usually mediation, before allowing the parties' cases to be tried. The increasing attractiveness of ADR can be clarified by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to obtain larger control over the selection of the individual or individuals who will decide their dispute.
The responsibility of developing positive relationships with parents and the community lie within all the school personnel stakeholders. For instance, it is the responsibility of the Superintendent and the central office staff to devise a plan and procedures for keeping the board, staff, and public well-informed on school matters. More importantly, these individuals should work with key groups and influential individuals in the community to help impact the community’s educational policies and problems. With regards to an individual school’s relationship, this influence lays within the school administration; the administration is tasked with ensuring that they have a specific, and well – designed plan to help communicate with the students and parents surrounded by their school. Furthermore they should ensure that they are organizing and administering communication to parent and students that is school specific, and provides a way for the school to put its best foot forward. Finally, it is the resp...
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.
Conflict exists in every organization as a result of incompatible needs, goals, and objectives of two people while aligning to the overall business requirements. Though disagreement is linked with negative impact, the approach has healthy considerations (Leung, 2008). For instance, some conflicts create an avenue for the exchange of ideas and creativity to meet the set organizational purposes. However, damaging disagreement in organizations results in employee dissatisfaction, turnover, and poor services and reduced productivity. The paper establishes different types of interpersonal conflict and key resolution strategies used to address the problem. Human resource managers need to have the capacity to identify different levels of conflicts and the best methods to negate them.
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.
Managers and associates continually face conflict in the workplace. Using the five conflict resolution styles and knowing when to use them makes resolving differences easier.
In the workplace, disagreement or arguments may arise due to several reasons. This can further result into a state of antagonism or opposition, resentment, avoidance, verbal assaults, and inability to work together. Such may arise due to personality clashes, differences in style, differences in leadership, interdependence conflicts and differences in the background or gender. With reference to the conflict between Norm and Norma, disagreement arose due to differences in styles. This is because Norma was after quick result from the initiated project while Norm believed he could work from home and still meet the expected standard. However, Norma expected full commitment from all the staff under her. For good working relations, conflicts should always be resolved and hence improve good working relationship among the employees both the juniors and seniors. Professionally, conflicts can be solved via two models; circle of conflict and triangle of satisfaction (Susan Holton, 1998).
Industrial Conflict is a broad and complex topic and conflicts may arise from many diverse issues resulting hostile acts by employers and employees.