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    Assignment 1 Conflict Resolution Methods

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    Jeff
    The document discusses three main conflict resolution methods: negotiation, mediation, and arbitration. [1] Negotiation allows parties to directly communicate and find a solution, and can be used at any stage of a conflict. [2] Mediation involves an impartial mediator who helps the parties communicate and reach an agreement, but does not make decisions for them. [3] Arbitration involves presenting arguments to a neutral third party who makes a decision for the parties.

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    Assignment 1 Conflict Resolution Methods

    Uploaded by

    Jeff
    53 views4 pages
    The document discusses three main conflict resolution methods: negotiation, mediation, and arbitration. [1] Negotiation allows parties to directly communicate and find a solution, and can be used at any stage of a conflict. [2] Mediation involves an impartial mediator who helps the parties communicate and reach an agreement, but does not make decisions for them. [3] Arbitration involves presenting arguments to a neutral third party who makes a decision for the parties.

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    The document discusses three main conflict resolution methods: negotiation, mediation, and arbitration. [1] Negotiation allows parties to directly communicate and find a solution, and can be used at any stage of a conflict. [2] Mediation involves an impartial mediator who helps the parties communicate and reach an agreement, but does not make decisions for them. [3] Arbitration involves presenting arguments to a neutral third party who makes a decision for the parties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    53 views4 pages

    Assignment 1 Conflict Resolution Methods

    Uploaded by

    Jeff
    The document discusses three main conflict resolution methods: negotiation, mediation, and arbitration. [1] Negotiation allows parties to directly communicate and find a solution, and can be used at any stage of a conflict. [2] Mediation involves an impartial mediator who helps the parties communicate and reach an agreement, but does not make decisions for them. [3] Arbitration involves presenting arguments to a neutral third party who makes a decision for the parties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 4

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    Conflict Resolution Methods

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    Introduction

    The purpose of this paper is to discuss the conflict resolutions methods.

    Negotiation

    Negotiation is the most basic means of settling differences. It is back-and-forth communication

    between the parties of the conflict with the goal of trying to find a solution.

    You may negotiate directly with the other person. You may hire an attorney to negotiate directly

    with the other side on your behalf. There are no specific procedures to follow - you can

    determine your own - but it works best if all parties agree to remain calm and not talk at

    the same time. Depending on your situation, you can negotiate in the board room of a big

    company, in an office or even in your own living room.

    Negotiation allows you to participate directly in decisions that affect you. In the most successful

    negotiations, the needs of both parties are considered. A negotiated agreement can

    become a contract and be enforceable (Roberson, 2006, pp.7-20).

     This process can be appropriately used at any stage of the conflict - before a lawsuit is filed,

    while a lawsuit is in progress, at the conclusion of a trial, even before or after an appeal is

    filed.

    Mediation

      Mediation is a voluntary process in which an impartial person (the mediator) helps with

    communication and promotes reconciliation between the parties which will allow them to

    reach a mutually acceptable agreement. Mediation often is the next step if negotiation

    proves unsuccessful.
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    The mediator manages the process and helps facilitate negotiation between the parties. A

    mediator does not make a decision nor force an agreement. The parties directly

    participate and are responsible for negotiating their own settlement or agreement.

    At the beginning of the mediation session, the mediator will describe the process and the ground

    rules. The parties or their attorneys have an opportunity to explain their view of the

    dispute. Mediation helps each side better understand the other’s point of view. Sometimes

    the mediator will meet separately with each side. Separate “caucusing” can help address

    emotional and factual issues as well as allow time for receiving legal advice from your

    attorney. Mediations are generally held in the office of the mediator or other agreed

    location (Melenko, 2020, p.46).

    Agreements can be creative. You could reach a solution that might not be available from a court

    of law. If an agreement is reached, it will generally be reduced to writing. Most people

    uphold a mediated agreement because they were a part of making it. It can become a

    contract and be enforceable. If there is no agreement, you have not lost any of your rights

    and you can pursue other options such as arbitration or going to trial.

    Conclusion

    The method you use to resolve your dispute will depend upon your personal needs and the nature

    of your particular dispute. You may want to consult with an attorney to help diagnose

    which process best serves your particular situation.


    4

    Reference

    Melenko, O., 2020. Mediation as an Alternative Form of Dispute Resolution: Comparative-Legal

    Analysis. Eur. JL & Pub. Admin., 7, p.46.

    Roberson, L., 2006. Negotiation strategies: Civility and cooperation without compromising

    advocacy. American Journal of Family Law, 20, pp.7-20.

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