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Conflict Management and Dispute Resolution
Conflict Management and Dispute Resolution
Conflict Management and Dispute Resolution
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Dispute Resolution Innovations Introduction This paper will discuss innovative alternative dispute resolutions and how they may be used in a controversial conflict scenario. The writer will discuss these methods using an actual conflict scenario, describing how individuals involved in the conflict will benefit from these innovative methods rather than costly courtroom litigation. Alternative dispute resolutions are clearly the most beneficial conflict solution regardless of gender, cultural influence, and identity. Conflict Scenario The conflict scenario discussed in this paper is that of parenting differences regarding discipline between a husband and wife. The scenario includes the controversial subject of whether a child should be spanked when not conforming to the rules. The husband was raised in a strict household where the motto was children should be seen and not heard. As he grew up his morals and values were based around fear. He knew that if he misbehaved his father would get his belt and spank him. His family also instilled in him that if he did not behave and treat his mother and father with respect that god would punish him. He realized growing up that discipline could be controlled by emotions fear being the most powerful. In contrast the wife is a free spirit whom was raised with little boundaries. Her parents raised her with the idea that she could do want she wanted and that she would learn from the consequences. This meant that there would be no physical contact as a form of punishment from her parents. There was no religious factors that were instilled in her regarding discipline so there were no fears regarding god. One such scenario that created conflict was when the couple’s daughter took money ou... ... middle of paper ... ...cDowell, & Lyle Sussman. (2004). Alternative Dispute Resolution: How Small Businesses Can Avoid the Courts in Resolving Disputes. S.A.M. Advanced Management Journal, 69(3), 32-39. Retrieved June 21, 2011, from ABI/INFORM Global. (Document ID: 696479191) Works Cited Moffitt, M. L. & Bordone, R. C. (2005). The handbook of dispute resolution. San Francisco: Jossey-Bass Suzanne Byron, Monica C Holmes, Karen F Steckol, & Susan E Yager. (2002). ADR solutions for academic workplace conflicts. Dispute Resolution Journal, 57(2), 56-61. Retrieved June 21, 2011, from ABI/INFORM Global. (Document ID: 146154411). Wyatt McDowell, & Lyle Sussman. (2004). Alternative Dispute Resolution: How Small Businesses Can Avoid the Courts in Resolving Disputes. S.A.M. Advanced Management Journal, 69(3), 32-39. Retrieved June 21, 2011, from ABI/INFORM Global. (Document ID: 696479191)
Ulrich, G. (1999). Widening the circle: Adapting traditional Indian dispute resolution methods to implement alternative dispute resolution and restorative justice in modern communities. Hamline Journal of Public Law and Policy. 20, (2), 419-452.
Sue contracts with Tom to deliver a quantity of computers to Sue’s Computer Store. They disagree over the amount, the delivery date, the price, and the quality. Sue files a suit against Tom in a state court. Their state requires that their dispute be submitted to mediation or nonbinding arbitration. If the dispute is not resolved, or if either party disagrees with the decision of the mediator or arbitrator, will a court hear the case? Explain. (See Alternative Dispute Resolution.)
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
As human beings, we experience conflict in our everyday lives. It is a natural phenomenon of our personal and professional existence, that it becomes an inevitable component of human activity. In today’s ever-changing business environment organizations, conflict resolution styles are seen as culturally defined event. The success and efficiency of channelling conflicts, whether in a positive or negative manner, can affect the nature of it as being beneficial or destructive to us. However, if it is properly managed, it can in fact ‘increase individuals innovativeness and productivity’ (Uline, Tschannen-moran & Perez, 2003) while offering ‘interpersonal relationship satisfaction, creative problem solving, the growth of a global workforce and domestic
Journal of Dispute Resolution, 401-427.
Disputes are almost unavoidable between people when there are disagreements or misunderstandings. In the construction industry, contractual relationships could lead to dispute. To resolve disputes, construction disputes are most likely encouraged to use Alternative Dispute Resolutions such as arbitration, mediation, and mini-trials to resolve their disputes faster and keep the dispute confidential and at lower cost (Ray, 2000). The construction case presented in this paper first resorted to negotiation; however, it could not give the parties a resolution which led to a mini-trial.
The use of spanking is one of the most controversial parenting practices and also one of the oldest, spanning throughout many generations. Spanking is a discipline method in which a supervising adult deliberately inflicts pain upon a child in response to a child’s unacceptable behaviour. Although spanking exists in nearly every country and family, its expression is heterogeneous. First of all the act of administering a spanking varies between families and cultures. As Gershoff (2002) pointed out, some parents plan when a spanking would be the most effective discipline whereas some parents spank impulsively (Holden, 2002). Parents also differ in their moods when delivering this controversial punishment, some parents are livid and others try and be loving and reason with the child. Another source of variation is the fact that spanking is often paired with other parenting behaviours such as, scolding, yelling, or perhaps raging and subsequently reasoning. A third source of variation concerns parental characteristics. Darling and Steinberg (1993) distinguished between the content of parental acts and the style in which it was administered (Holden, 2002). With all this variation researchers cannot definitively isolate the singular effects of spanking.
Although ADR is an appealing alternative to litigation today, throughout the early history of the United States, courts expressed much hostility toward the idea of enforcing an agreement through any alternative dispute resolution. Throughout the 1900’s, United States courts were reluctant to enforce any agreement to arbitrate an existing or future dispute unless a specific statute...
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.
This essay will discuss whether it is thought that punishment is effective and whether it is currently thought to work, additionally it will examine the best ways to change a child’s behaviour in terms of positive and negative reinforcements. The issue of child punishment has received considerable critical attention within many cultures. Punishment towards children can be argued to be a very controversial area. It is argued that many people have been brought up with distinctive beliefs about punishments toward a child. A child’s upbringing is argued by many researchers to be key to how they will go on to treat their own children in the future. This can surely be argued to be a negative effect of physical punishment. It is becoming increasingly difficult to ignore the effects of what severe punishment may have on a child. Later convictions of violence and the evidence of damaging effects on well-being, corporal punishment has on children is overwhelming. However, it is not ingrained that corporal punishment is definitely damaging. There is also sufficient evidence to corporal punishment being an effective form of discipline, if used appropriately. It is thought that corporal punishment helps parents retain control over their children’s behaviour. This essay will consider the various forms of punishment, such as physical punishments and whether they are considered to work. This is essay will also consider effective ways of changing a child’s behaviour including the use of classical and operant conditioning and studies that support the theories and how they can be applied to real life. Classical conditioning for example uses learning through association, memory prompts the person to associate an object/ sound to a certain behaviour. ...
In the world of commerce, employment, and other social relations, businesses and individuals strive to choose either arbitration or mediation (conciliation). There are situations when parties submit their cases to arbitration bodies for mediation and, vice versa, when mediators are requested to resolve the dispute through the arbitration award. The arbitration and mediation traditions vary from jurisdiction to jurisdiction, but their general ideas still remain similar. However, while a mediator in a single process possesses no entitled authority to render an award, an arbitrator is vested with more procedural powers and can execute a mediator’s functions. Furthermore, despite the flexibility of arbitration and mediation procedures, as well
All parents are deficient from time to time and no parent can be emotionally available all the time to their children. It is perfectly normal for parents to yell at their children once in a while. Some parents may be controlling while some resort to physical discipline, but as long as the child receives plenty of love and understands why the discipline took place (Forward,1989). The question that lies ahead is: Does all of these options portray the parent as “cruel or unfit” to raise a child? Of course not. The saying “Spare the rod, spoil the child” stands true. Without discipline or order in the household, the child feels that there is no boundaries and can react in any form that he or she wants to without fearing the consequences. But, there is a distinct line between “discipline” and “abuse” which will be explained in the next chapter.
Gies, T. P., & Bagley, A. W. (2013). Mandatory arbitration of employment disputes: What's new and what's next?. Employee Relations Law Journal, 39(3), 22-33.
Morrow Bernardi (1999) Resolving Workplace Disputes. Source: Canadian Manager, Spring99, Vol. 24 Issue 1, p17, 4p. Available: www.wls.lib.ny.us/databases/ebsco.com 06/10/99