Dispute And Conflict Essay

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Definition between conflict and dispute
Ahmed (2007) indicates that conflict is disagreement between two or among more parties, which results in mutual opposition. Conflict is a process where one party regards its interests are opposed or effected by another party (Wall and Callister, 1995). Therefore, conflict is inevitable because each party has its own background and culture, goal and interest that may have impact on their action. Conflict can be managed. However, dispute may emerge from conflict, needs 3rd party resolvers and is not inevitable. Compared with conflict, dispute costs more time and money, destroys relationships and leads to an unpleasant ending.
Stages of conflict management and dispute resolution
According to Office of Government …show more content…

Mediation is a widely used ADR technique and settles disputes by inviting a third party, the mediator, to help both sides reach an agreement. To be effective and fair, mediator is neutral and responsible for the whole process, ensuring the resolution should be mutually agreed. If mediation is successful, the agreement will be written down and becomes a contract. Facilitative mediation encourages parties to better understand and communicate with each other. In facilitative mediation, the mediator works to ensure the agreement both parties reached is based on information and understanding. Therefore, mediator does not make suggestions and seek for the parties to have the major influence on decision-making. For example, the transformative model seeks empowerment of individuals through mediation process rather than impose the solutions (Boon, Urwin and Karuk, 2010). In evaluation mediation, the role of the meditator is to assist both parties to anticipate the outcome and help both parties to reach a solution by giving advice to their weakness. In contract to the mediator in facilitative mediation, the mediator in evaluation mediation plans the whole process and makes suggestion to both parties which directly affects the final …show more content…

Mediation, adjudication and arbitration are confidential ways to resolve disputes. The code of ethics of the administrative bodies guarantee the confidentiality of arbitration. For arbitration users, they should realize that proactive steps like requiring confidentiality during the time of planning at the initial stage or dispute can be used to ensure privacy (Philip, 1994). However, litigation may expose confidential problems as it is a public matter and may involve preparation for trial before a

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