Third Party Conflict Resolution Essay

1784 words - 8 pages

Third Party Conflict Resolution
January 17, 2013

Third Party Conflict Resolution
In the negotiation process, the use of third-party conflict resolutions often comes into play when parties cannot seem to reach an agreement regarding resolving mutual interests. These types of third-party conflict resolutions are: arbitration, collaboration, litigation and mediation. For the Seatcor Manufacturing Company, the use of third-party conflict resolution is necessary. The researchers of Team A have reported collaborative ideas of this case by (1) analyzing the possible intervention strategies, (2) applying what is thought to be the best strategy, (3) explained how the best strategy should ...view middle of the document...

Here a third party, the Mediator assists in identifying areas of dispute and searches for compromises in those areas from both sides. Mediation has become a popular low-cost solution to litigation, especially for divorce cases. Since the Mediator has no formal power, the participants have the greatest say in shaping the terms of the settlement. This of course only works if the parties are open to the process, as most cases are voluntary.
• Arbitration - Arbitration allows negotiators to have considerable control over the process but little control over the outcome. Outcomes in arbitration can be voluntary or binding. In voluntary arbitration parties are not required to comply with the arbitrator’s decision, but are by law or contractual agreement in binding decisions. Some decisions are left almost entirely to the arbitrator’s discretion, while others in “final-offer” arbitration must be selected from previous chosen outcomes presented by the parties. Arbitration is the most widely recognized intervention strategy because of its use in labor relations and professional sports.
• Litigation – Parties utilize this strategy when they do not share common goals and interest. Litigation also allows parties to draw the process out as long as possible. This type of strategy may be beneficial when changes over time may be advantageous to a party. The draw- back is the outcome typically does not concede to any middle ground. Therefore, this strategy is more distributive in nature in that usually only one party gets what they want.
• Collaboration – In collaboration, parties seek cooperation and seek solutions advantageous to both parties. This win-win strategy assertively utilizes the fact that both parties have common goals. Parties identify common ground and search for areas of agreement.
• Hybrids - Mediation-arbitration is a complementary and facilitating strategy for final-offer arbitration. Because in mediation the parties expect a compromise, the parties may choose to wait for the arbitration rather than make concessions during mediation.
Arbitration-mediation another hybrid approach which has three stages. First, the arbitrator holds a hearing and reaches a decision” which is placed in a sealed envelope and is not revealed to the parties” (Conlon, Moon, and Ng, 2002, p. 979). Mediation occurs at Stage 2. If an agreement is not reached, in Stage 3 the arbitration ruling is revealed and is binding on both parties
Mediation as the Best Strategy
The best strategy for the third party conflict resolution is mediation. Mediation is a dispute resolution process, in which a neutral third party assists the participants in reaching a voluntary and informed settlement. Mediation and diplomacy have both been used frequently. There are many options available for dispute resolutions. People have a tendency to assume that parties who have a dispute cannot work together to resolve the dispute...

Other assignments on Third Party Conflict Resolution

Conflict Management Essay

568 words - 3 pages allows each party to better understand the concerns from both sides, in their determination to find a mutually rewarding resolution (Corkindale, 2007). I would also suggest the comprising method to be implemented as well. The comprising method allows for a quick solution to be recognized, in which both parties can walk away partly satisfied with the outcome proposed (Langton, Robbins, Judge, 2014, p.210). Although conflict is usually associated

Adr Clause Essay

539 words - 3 pages completion of an assignment, the best form of ADR to use is negotiation. In this phase, communication is vitally important. The lack of communication ultimately delays the completion of the project. All parties involved must have honest and open communication to effectively reach their goal. In the negotiation stage, each party has an opportunity to voice their concerns as well as offer and counteroffer a resolution. The negotiation could go back

Soga 1957

378 words - 2 pages * An arbitrator remains neutral (acts fairly between parties and avoids conscious or unconscious bias) and resolves a dispute as an impartial third party. Listen to Evidence * An arbitrator examines closely all evidences or arguments and information presented by disputing parties, and listen to the facts of the case and the arguments presented by both parties once arbitration begins. Make Decision (Binding Arbitration) An arbitrator

Supply Chain Management

3586 words - 15 pages the parties have the opportunity of looking at the terms of the contract again in other to resolve their dispute. b. MEDIATION. Mediation involves the use of an independent third party to help resolve disputes between parties without the need to go to court. It is a voluntary process where both parties agree. The role of the mediator is to help parties reach an amicable solution to their dispute and also reach an outcome that both parties will

Mgmt 591 Final Exam With Answers

4148 words - 17 pages this stage removing or correcting the antecedents results in conflict resolution, while failing to do so results in conflict suppression. With suppression, no change in antecedent conditions occurs even though the manifest conflict behaviors may be temporarily controlled. This occurs, for example, when one or both parties choose to ignore conflict in their dealings with one another. Conflict suppression is a superficial and often temporary state

Conflict

2757 words - 12 pages for a consensus. Besides that, superordinate goal cannot be reached by a single party, requires the cooperation of conflicting team members for achievement. People must pull together. To the extent that employees can be focused on team or organization goals, the conflict will decrease because they see the big picture and realize that need to work together to achieve it. Company are using mediator, which is a third party to settle the conflict

The Insider: Ethical Perspective

1458 words - 6 pages protect profits. This issue was resolved at the end of the film when 60 Minutes finally aired Wigand’s interview. That was the first point at which the public heard a credible, third party account on the effects of nicotine. This issue should have been resolved long before Wigand became the whistleblower. It seems amazing that the Food and Drug Administration or another governmental agency never investigated. Even despite that, the tobacco

Independent Reading Book Project

1312 words - 6 pages  Annie”, the little girl that Eddie saved, will  eventually die and met with her five people one of them being Eddie.    VII. In what ways does this ending “resolve” the conflict of your book” i.e., what is the  resolution of the conflicts you described above?   Eddie’s worst fear had come true: he had killed an innocent child during the war while  burning down the camp. ​ Tala leads Eddie to the resolution of his fifth lesson. Tala

Conflict Management

2675 words - 11 pages provide statements to back Kate up if they feel that she is truly being discriminated against. This will provide a better case for Kate when she does report her manager and a corrective action may occur more quickly. The best suited conflict resolution strategy for Kate’s situation would be “Collaborative: This style involves an attempt to meet the needs of all the people involved and uses a highly assertive approach. Managers are able to

Effect Of Social Media

5429 words - 22 pages true that choice of a state Court in a third country is seldom appropriate. Further, judicial proceedings are time consuming and set impediments in business transactions. Under such situation ADR emerges as the most suitable option to the parties to such disputes. Moreover, ADR gives more autonomy to the parties in matters relating to selection of the neutral third party who shall preside the proceedings, the rule they are to be bound by and the

Debate Topics

8488 words - 34 pages respective employees against any and all third-party claims, including claims made against CBTR by any of its distributors, losses, damages and liabilities, including reasonable attorney’s fees, incurred by any of them arising out of (i) any failure of BIKE or its Affiliates to Manufacture, test, assemble, package, store, ship and deliver Products and Components in accordance with the Specifications or the terms of this Agreement, and (ii) any other

Similar Documents

Conflict Management Essay

545 words - 3 pages up the possible issues at hand before contact is actually made and then prepare their action plans to handle potential trouble. They should concentrate on building an atmosphere designed to reduce destructive conflict and deal with routine frictions and minor differences before they become unmanageable. References Dixon, W. J. (2006). Third-party Techniques For Preventing Conflict Escalation And Promoting Peaceful Settlement. International Organization, 50(04), 653.

Ltr Week Three Essay

412 words - 2 pages third party to help negotiate a settlement outside of court. Counsel should be involved before you attempt to settle since, typically, you will be setting the parameters for future negotiations and you can easily turn a case that could settle into one that has to be litigated by messing up the settlement negotiations.  It is in counsel’s best interest to get the best settlement for you. If you are in a dispute with a family member or a

To What Extent The Role Of The People's Mediation Committees In China Now Is Still Significant When Some Cities Tend To Modernize And Others Tend To Conserve Traditionalism?

3644 words - 15 pages traditionally been preferred to the courts for many reasons. Mediation, as one of the different means of dispute resolution, is widely practised in China. To define it, mediation is “an effort by a third party to encourage parties to a dispute to voluntarily reach an agreement to resolve their dispute”. There are currently various types of mediation in China: civil mediation, judicial mediation, administrative mediation and arbitration

Alternative Dispute Resolution Essay

515 words - 3 pages resolving disputes that arise in a learning team, mediation would be the most appropriate form of alternative dispute resolution. Effectively to realize when mediation is necessary during a learning team dispute, the learning team should first establish a charter that outlines guidelines the group agrees upon. These guidelines include the goal of the group, ground rules for working together, and conflict management. The ground rules establish