...2.2 Conflict resolution and mediation in a primary care trust Workplace conflict has become increasingly focused on individual employment dispute, policy makers have placed a particular emphasis on workplace mediation, however the broader impact of mediation has been ignored. Here we introduce of an in house mediation scheme, it explains mediation impact on workplace relations and dynamic conflicts between union and management. The processes of dispute resolution cannot be divorced from the pattern of workplace relations Therefore outcomes of individual disputes are subject to processes of negotiation and re-negotiation and conditioned by what Edwards P (2000) calls the politics of the management of labor, this underlines the importance of examining mediation through a lens that accepts that the management of individual conflict should reflect a balance of workplace power. Importantly the expansion of mediation could be seen as...
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...INTERNATIONAL MEDIATION BETWEEN ENDURING _________________________________________________________________________ In this study, Creig (2001) investigates the role of mediation ripeness in securing mediation success between enduring rivals. In this study, Creig conceptualises ripeness in two broad categories: in terms of temporal factors related to when in the dispute lifecycle mediation is attempted, and in terms of contextual factors related to the dispute and the relationship between the disputants. In so doing, the study examines the role of mediation ripeness in the achievement of both short term and extended term mediation success. In this study, Creig, tests three logics and nine hypotheses about mediation ripeness using a database of 202 mediations. The study reveals three dominant patterns in the factors associated with ripeness for both short term and extended term processes. Firstly, the characteristics of previous disputes in the life of a rivalry provide a powerful influence on the prospects for both short term and extended term mediation success. Under this pattern, short term mediation success is most likely early in the life of a rivalry while extended term mediation success is most likely late in the lifetime of enduring rivalries. The second pattern highlights the difference in the degree to which both short term and extended term mediation success depends on strategic shifts within the regimes of enduring rivals. Short term mediation success requires...
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...FORUM: General Assembly 6 (Legal) QUESTION OF: Strengthening the role of mediation in the peaceful settlement of disputes, conflict prevention and resolution MAIN SUBMITTER: Botswana _____________________________________________________________ The General Assembly, Acknowledging the aims and principles discussed and abided by in the Charter of the United Nations, Reaffirming its dedication to protect and honour the sovereignty of all States equally, its understanding of territorial integrity and political freedom of all States equally and the responsibility of all Member States to act internationally in conformity with the principles and aims of the Charter of the United Nations, Taking into account the importance of gender balance within every activity of the UN, whether it be decision-making or idea-generation, Understanding that violence due to arms, terrorism and civil disunion continues to hamper the serenity and social stability of numerous regions all around the world, Noting with appreciation the successes of certain previous mediation attempts as well as the peace and stability they have brought about, Taking note of the 2009 report by the Secretary-General of the United Nations promoting, propagating and supporting any and all mediation efforts made by UN and/or any other state or non-state actor, provided that the aim of the mediation was solely the peaceful settlements of disputes, conflict prevention and resolution, Reiterating Article...
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...Brief Facts of the Mediation Jo and Bill are partners of successful accounting firm with gross revenue of $500,000, and a net profit of $200,000 a year. Jo who was hired as a new graduate 10 years ago, made partner 5 years ago, and her share of the business profits is 40%. Recently there has been disagreements between the partners regarding the direction that the business should take. A mediation was sought to resolve some of those issues. Bill, a 65 year old chartered accountant, is very happy with the business turnover and is keen to maintain the status quo. Bill is concerned that an expansion might see him lose the business. Jo, 35 years of age, a chartered accountant with an MBA, wants to expand the business and increase the business profits. Both of the partners were able to come to an agreement at the mediation to hire a temporary employee for three months. This would free up Jo to develop new models for business expansion and a phase out plan for Bill to retire over the next five years. It was helpful to read Peter Condliffe's Conflict Management as well as Tania Sourdin's Alternative Dispute Resolution to understand the role and methods of mediations. The book covered in detail how a mediation is to be conducted as well as how to assess the strengths and weakness of a mediator. Some of the journals I've read, especially the once I've referenced below helped me understand the importance of active listening. emotions and how important it is to effectively...
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...litigate an issue. Some of the areas of alternate dispute resolution consist of negotiation, mediation and arbitration. In a learning team setting, the best alternative dispute resolution to use is mediation because it allows the team members to give their opinions and interact with others more efficiently. When it comes to mediation, team members will have the opportunity to tell their side of the issue and others will be able to pinpoint the problem, gather ideas and come up with a solution. In a team setting there are many reasons why mediation may be needed. Mediation will help the personality conflicts within the team, miscommunication between team members, equal workloads and time constraints on projects. In a team setting the process leading to the use of an alternate dispute resolution always begins with a problem. Once the problem is identified, an attempt to try and fix the problem through discussion should follow and this is when it will be discovered that the issue is in need of an alternate dispute resolution. Team members involved in this dispute should be given the option to participate in the mediation. Setting up how the mediation will play out will be vital. If the mediation option does not find success in resolving the issue and the entire team needs to get involved, this can lead to a negotiation. Regardless of the alternate dispute resolution that is used, the importance is to...
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...The 5 most important Sections of Taft–Hartley Act The Labor-Management Relation Act, also called the Taft–Hartley Act, as an amendment to the National Labor Relations Act (NLRA) was created in 1947, with the purpose of solving labor disputes during collective bargaining or conflicts between employees and employers that would seriously damage the U.S industrial development. Totally, there are 5 titles and 29 sections in this law. In my opinion, the 5 most important sections of this law are Sec.1, Sec 201, Sec.203, Sec.301, and Sec.303. And the following reasons explain why I think these five sections are the most important comparing to other sections. * Section 1 described the short title of Labor Management Relation Act and declared the policy of this law. The policy is that industrial strife which interferes with the normal flow and the full production of commerce must be avoided and minimized by both sides’ recognition of one another’s legitimates rights in their labor relations with each other. Further, the overall purpose of this law was also stated in this section: “to promote the full flow of commerce, to prescribe the legitimate rights of both employees and employers in their relations affecting commerce, to provide orderly and peaceful procedures for preventing the interference by either with the legitimate rights of the other , to protect the rights of individual employees in their relations with labor organization, to define and proscribe practices on the...
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...still feel this way and practice accordingly. In the personal injury field one needs to be very aggressive in order to seek the best compensations and the best outcome for the client. It is my obligation to give the best advice to my client before seeking any other legal alternatives. As attorneys we must acknowledge that we represent a ‘person’ who is a victim of some sort of incident. Whether they are the victim or the accused we are hired because they need our legal help. Once the facts have been established and the case has been processed (disclosure/ evidence obtained), mediation can be the best course of action. The reasons mediation are favourable are: 1. Negative consequences from litigation; 2. Time and legal costs of litigation; and 3. Mediation is a predictable and less confrontational option. Mediation is a method of problem-solving that relies on consent of the parties. For this reason it is more attuned to self-determination than is a trial resulting in a solution imposed by a judge. As a lawyer it is my duty to give the soundest advice possible. Whether this requires a...
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...Running head: PROBLEM SOLUTION: GLOBAL COMMUNICATIONS Problem Solution: Global Communications Karen Smith University of Phoenix Online February 21, 2011 Matthew McCallister The telecommunications industry has experienced economic pressures that has produced diminishing returns for stockholders and decreased value in stock shares the past three years. Global Communications has been no exception. The senior team gained approval from the board to partnership and globalize the corporation to reduce cost and increase profitability. Although this strategic plan has been approved, resistance from the Technologies Workers Union has set the stage against outsourcing jobs that will cause workers to lose their employment positions. Ethical Dilemmas provide some of the most challenging decisions for a company to address. The response to these dilemmas should only be made after careful group decision-making techniques are in place. In the Global Communications scenario, the company specializes in the telecommunications industry and had to make tough choices on ethical issues and changes within the company. This scenario provided an example for the class to investigate similar ethical dilemmas within companies in the United States. This research is then used to synthesize the key discoveries and results of comparing and contrasting the practices of each company related to key course concepts. Key course concepts include response...
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...Conflict Resolution in High School Youth conflict resolution has been around for a while and has been very successful in some schools. The biggest problem has been keeping a program going. Training, funding, and finding time to keep it a part of a school are difficult challenges. Conflict resolution means teaching young people new and different ways to resolve disputes without resorting to verbal or physical violence. Many adolescents today are caught up in situations of teen conflict that they cannot manage – jealousy, name calling, teasing, gossip, stealing another’s property, dating and friendship issues, and bullying and outright aggression. Schools are frequently the center of many of these tensions. Conflict can also branch out from the school and lead to problems in the community. Conflict resolution education is an important component in violence prevention and intervention program in schools and youth communities. It is used in approximately 15% of schools in the United States. The most successful programs seem to be those that offer a comprehensive approach to problem-solving, teaching effective listening and communication skills, and critical and creative thinking with an emphasis on personal responsibility and self discipline. Sweeney and Caruthers (1996) define conflict resolution in a concise way, “the process used by both parties in conflict to reach a settlement.” Conflict is basically the result of two or more people possessing differing opinions...
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...These are mediation and arbitration. If Precision Inc. and the supplier decides to mediate to settle the dispute, both parties will need to agree on the mediator who is neutral and impartial to assist both parties and help them to find a mutually satisfactory resolution. Based on the fact that, our company, Precision Inc., has been working with the supplier for 7 years and there are no alternative suppliers to order high quality devices, it may be beneficial for us to get together with the Supplier and discuss the importance of on-time delivery of right devices to our business. Because the Supplier indicated that our employees made a mistake and responsible for the order confusion, it would be win-win if both sides hear from each of their perspectives and mutually agree under...
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...Running head: PROBLEM SOLUTION: GLOBAL COMMUNICATIONS Problem Solution: Global Communications john smith University of Phoenix Online February 21, 2009 The telecommunications industry has experienced economic pressures that has produced diminishing returns for stockholders and decreased value in stock shares the past three years. Global Communications has been no exception. The senior team gained approval from the board to partnership and globalize the corporation to reduce cost and increase profitability. Although this strategic plan has been approved, resistance from the Technologies Workers Union has set the stage against outsourcing jobs that will cause workers to lose their employment positions. Ethical Dilemmas provide some of the most challenging decisions for a company to address. The response to these dilemmas should only be made after careful group decision-making techniques are in place. In the Global Communications scenario, the company specializes in the telecommunications industry and had to make tough choices on ethical issues and changes within the company. This scenario provided an example for the class to investigate similar ethical dilemmas within companies in the United States. This research is then used to synthesize the key discoveries and results of comparing and contrasting the practices of each company related to key course concepts. Key course concepts include...
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...to marketing, and it is fun for personal use as well. I am fan of Facebook so I will discuss how it can direct consumers to a better source of purchasing. A Legally Astute Marketing Manager According to our text a legally astute manger has four components; a set of value-laden attitudes about the importance of law to the firm’s success; a proactive approach to regulation and legal issues; the ability to exercise informed judgment when managing the legal aspects of business; the appropriate use of legal tools and context specific knowledge of the law (Bagley, 2013, p. 11). The legally astute social media marketing manager has to take those components a step further. The legally astute social media marketing manager must embrace social media and its networking power to drive sustainable change in the business world. In his book, We First: How Brands & Consumers Use Social Media To Build A Better World, Simon Mainwaring shows how brands can leverage social media to build consumer goodwill, loyalty, and profit. One of the components of the legally astute manager stresses the importance of values. The We First value of accountability is what builds trust between institutions and the public...
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...Integration of Advocacy and Mediation In human services one works to facilitate change. Whether it is at an administrative, policy, or individual level, human service professionals believe that change is possible and work to achieve it through advocacy and mediation. An agency who integrates advocacy and works on a national level is The Consortium for Citizens with Disabilities. Also known as the CCD the agency is based in Washington D.C. and describes their organization as follow: “The Consortium for Citizens with Disabilities is a coalition of approximately 100 national disability organizations working together to advocate for national public policy that ensures the self determination, independence, empowerment, integration and inclusion of children and adults with disabilities in all aspects of society.” The CCD has advocated for people with physical and mental disabilities of all ages. The CCD has achieved federal regulations and legislation that assures the integration of 54 million children and adults with disabilities into mainstream society. They are able to do this through researching public policy issues, developing testimony and making recommendations to policy as well as encouraging innovative solutions to public policy concerns. The CCD also educates members of Congress in the effort of improving public policy and programs that will as their website states, “foster independence, productivity, integration and inclusion of people with disabilities.” Finally...
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...to court to resolve a dispute in China: negotiation, mediation and arbitration, they are ADR. ADR means “Alternative Dispute Resolution” and it refers to various processes, commonly used in civil law tradition, which have in common the aim of a better communication between the parties during a dispute and the saving in managerial and legal time, expense and worry (Bevan, 1992). We can clearly distinguish the advantages of the ADR, comparing to the formal dispute settlement at court. ADR processes are quicker, as they can be arranged within days or weeks rather than months or years (example of one case in litigation). They are also less expensive, as earlier settlements save managerial time and they are confidential. They are voluntary, which means that the parties are free to walk out every time without interfering the legal procedures and their rights (Bevan, 1992). Mediation, one of the most used ADR, involves a neutral third party, called a mediator, to help the disputing parties to reach an agreement. Mediation in China has been existed in China for more than 2,000 years. It was used in the Western Zhou Dynasty (1146 BC-771 BC) and then used during the Qin Dynasty (221 BC-207 BC). There was always a preference for mediation throughout all the history of Imperial China. The mediation system and the legal system were developed together after the establishment of the People's Republic of China in 1949. People's Mediation Committees appeared during this period, helping local...
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...media outlets for consumer transactions? What are the alternative dispute resolutions available and which one would work best? Since consumer transactions can occur across state lines how can the federal government best control these transactions? Which branch of government can effectuate the most significant impact on regulating consumer transactions? Does agency relationship exist on social media sites between the social media provider and the business that utilizes the site for advertising? These are a few questions to be discussed about the social media giant Facebook. What are the four components of a legally astute social media marketing manager? According to (Bagley 2013) “They are a set of value-laden attitudes about the importance of law to the firms success, a proactive approach to the legal issues and regulations, the ability to exercise informed judgment when managing the legal aspects of business, lastly, context-specific knowledge of the law and the appropriate use of legal tools” (p. 11) Legal astuteness begins with respect for both the letter and the spirit of the law. One should be proactive bring counsel in early to seek legal advice and not wait for problems to arise (Bagley 2013). Legally astute managers accept responsibility for managing the legal dimensions of the business and realize it is not the lawyers responsibility but the general...
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