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6 pages/≈1650 words
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MLA
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Law
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Research Paper
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Topic:

Third Party Conflict Resolution (Research Paper Sample)

Instructions:

Ways of third party conflict resolution

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Content:

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Third Party Conflict Resolution
Organizations must search for ways of mitigating conflicts and creating practical working association for a healthy working climate. Unresolved disputes in the workplace have vast effects on the working morale of the personnel, financial well-being of the firm, employee retention, and may also lead to avertible costs that detract resources from their main purpose intended. The complication of the engineering projects in question and the diverse views between the disputing managers makes the process of mitigating conflicts to be difficult. Analyzing the criteria used by third parties in resolving disputes and the strategies that may be applied are integral in this research. Evolving collective working associations assists in resolving conflicts that may occur in complicated environments.
Effective functioning relationships are formed through the capability to share out the differences and for a third party to be able to deal with the differences; he or she should be equipped with the expertise and methodology for weighing up interests and proper communication. Mediation as a conflict resolution technique has many benefits, but is not often used as equated with other judicial styles. There are various points of view when it comes to mediation (Smith and David 8). The motion conferred here can be described as the coordination approach. In this type of approach, the 3rd party strives to work with the conflicting parties at the same time and location. Contrary, most mediators tend to favor the use of the “shuttle statecraft” style. In this approach, the mediator conveys plans that substitute the views of the parties and tries to mold a customary consensus from the attempts.
The Mediation Procedure
Mediation involves the incorporation of vision, and craftiness. In directing a mediation process, the mediation process assists the 3rd parties to recognize areas where more emphasis is required, in addition to the choices and plan of action that are applicable in this situation.
Step One. The first step that a mediator should take when mediating any conflict is to evaluate the conflict, the appraisal should not engulf the 3rd party with irrelevant information from an all-inclusive historical analysis (Smith and David 13). The conflict assessment provides a governing comprehension of the dispute and provides a remedy for the approach used to engage the parties. In general, the first step entails various ventures:
* Assess the history and sources of the conflict
* Analyze the positions and attentiveness.
* Assess the groups to the dispute.
* The mediator should analyze the firm’s civic commitment and depiction.
* Recognize other key players such as NGOs, and media outlets that can agitate the mediation process.
* Recognize the wide-reaching context.
Step Two. The mediator should make certain that he/she is ready and is knowledgeable in what is required to be done and is equipped with the right skills and technique to mitigate the dispute. Mediators play various roles which involve the engagement of the administration representatives of the disputing groups and may involve significant methods at their conferment.
A mediator should ensure that the strategy chosen is suitable to the mediator’s recognition; he or she should apply their specific traits in resolving the conflict. All 3rd parties need integrity, skills, and intercultural awareness (Smith and David 21). Developing trust and credibility are essential factors that are crucial in dispute resolution. The mediator must levels of conduct that can help him or her keep up in communicating consistently and maintain a balance between the lucidity and confidentiality of the parties. In order to develop proper strategies, the mediator capability requires a clear directive.
Step Three. Additionally, a mediator should make certain that a dispute is ready to be resolved. This consists of two activities, namely: analyzing the readiness of the situation, and intensifying the dispute resolution procedure (Smith and David 31). However, they are commenced off at separate times: analyzation is earlier, while the dispute is being assessed, and intensifying is done later. When the mediator has decided whether he or she is ready to resolve the conflict, both ventures will run together simultaneously.
A credible mediator enhances the awareness of the disputing parties by issuing information and sharing the data analyzed. Mediators can promote accountability by using phenomenal concepts, whereby in this situation may use directly recognized cultural, virtuous, or religious control to develop arguments. If the two leaders are not willing to resolve the conflict, attention and communication from the mediator plays a major role in supporting the dispute mitigation process
Step Four. After the mediator has analyzed the dispute, and shown his or her capability to act and assess the situation, the fourth step of the negotiation process begins. The various tasks that the mediator is required to undertake include: laying the preliminaries, developing roles for the relevant parties, controlling logistics, literally managing negotiations (Smith and David 37). Involving the disputing parties develops a sense of trust and creates a belief of confidence. Additionally, other groups that are involved in the dispute should also be directly involved in the negotiation process.
Step Five. There is a need that all the warring parties build peace for the goal which is the engineering project to be completed. Official statesmanship can be controlled from the grass root level which is involving the interns recruited up to the mid-level management which is the disputing managers and can be a prized compliment to the formal negotiations (Smith and David 51). Preferably, collaboration between the conflicting parties will happen during the negotiation process, and towards the completion, the first party may indulge some of its responsibilities to the second party; this data provided forms a key basis for the negotiation terms. Collaboration should not be at an extent of making vague the distinction between the two parties.
Step Six. The final step in the negotiation process is developing a consensus that is tolerable not only by the disputing groups but also the public. Preceding the creation of the final decision, it is of great importance for the conflicting parties to agree to a common statement of principles that they will abide by. Implementing the principles is a process that may range from weeks to years, and therefore the statement made must be outlined legally to both parties on what is expected of either party.
Strategies used in managing organizational disputes vary due to the source and circumstances. The motive of resolving disputes in firms involves a third party and affects the composition of the negotiation process so as curb the unwanted elements of the dispute process. Most organizations have in-built mechanisms for mitigating disputes (Smi

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