PLEASE PLACE THE # OUT NEXT TO EACH REPLY
TuesdaySep 5 at 1:51pm
Negotiation, meditation, arbitration, and litigation are all types of dispute resolutions which are how people solve their differences among themselves. According to Seaquist (2015), grievances and disagreements can arise in any context, so workplace employers must have a method or procedure they follow to resolve these issues (p.8.1).
When/Why to Use
There is no structure and this method can be quick when both parties are willing and compliant.
Sometimes a compromise cannot be made, and a third party needs to be brought in to assist in resolution.
This method is best used when the issue is minor and does not require too much bargaining.
This is a private method with little costs and quickly executed.
The third party does not dictate the decision, and the solution still comes from both parties, so it may not be worth the money and effort.
This method should be used when two parties cannot negotiate a solution and need a third party to guide them and help them attain a mutual agreement.
This method, although long and tedious, comes to a fair solution decided by a court that is conclusive and settles the disagreement legally.
There are a lot of steps in this process, and the dispute takes a lot longer to resolve compared to negotiation and meditation. It is also timely and expensive.
This method is best when both negotiation and meditation are unsuccessful and a third party needs to step in to make a decision as to who gets the final say.
Like arbitration, the only real advantage to this resolution is that it is binding and legally enforceable. Once a decision is made, there is nothing more to dispute, and that is the final say.
This resolution type is very long, very tedious, and quite expensive once the entire process is over. It may not be worth all the effort by the time a resolution is decided upon.
This is the last resort to settling a dispute and requires legal action where a resolution is decided in a court of law. If negotiation and meditation do not work, this is usually the last option to settling issues.
With these types of dispute resolutions, it is much easier for the parties involved to work from the bottom and work their way up. Negotiation should always be attempted first because there is no cost, and it is a quick solution. Other resolutions should be used only if the first ones are completely unsuccessful.
Seaquist, G. (2015). Employee and labor relations: A practical guide. San Diego: Bridgepoint Education.
WednesdaySep 6 at 5:14pm
Grievances, Mediation, Arbitration what are the major differences between negotiation, mediation, arbitration, and litigation? Make a chart showing each one’s advantages and disadvantages and justify why and when you would use each one.
“discussing differences and coming to a conclusion about how the matter will be resolved(Seaquist, 2015)”
“Is a process whereby a third party, a mediator or a neutral, is brought into the negotiations to help the parties resolve their issues. (Seaquist, 2015)”
“a third party, an arbitrator, is brought in to make a decision about which party should prevail in the dispute” It has many steps to go through. (Seaquist, 2015)”
Litigation is taking legal action like if someone were to do arbitration and then go against what the arbitrator said then it would go to litigation.
It is very easy and is done daily at most workplaces. You don’t have to get any lawyers or anything like that involved in it. Very easy way to settle situations.
Mediation has many benefits to it. It helps two people see the other person’s side a little more. It helps them come to a meeting in the middle to work things out.
It can be used to settle problems that cannot be fixed outside of court when the two parties cannot agree. This is really the only advantage.
After this there is no more discussing any of it. It will go to court and then be over with.
This doesn’t always work and some people may get offended and try to make it a big deal depending on the situation.
The mediator isn’t the one who makes the decision. Both parties still have to agree.
Both parties choose this so that means they cannot go back on what the arbitrator decides. It becomes legal and binding when the arbitrator decides.
People get in trouble almost at this point. It can cost a lot of money.
When a Good Time to Use it Would Be
In little situations that don’t deal with anything legal.
Normally thins happens before you go to court that way there’s a chance you won’t have to go to court and it will save money.
Example: Divorces, child custody cases
This is good when you want a fast decision made and to not go into court because court can be a very long and drawn out process.
This is best used as the last straw, the last thing to try if there is no other way to settle the matter.
Seaquist, G. (2015). Employee and labor relations: A practical guide (Links to an external site.)Links to an external site.. San Diego: Bridgepoint Education.