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#1Shannon Lane

TuesdaySep 5 at 1:51pm

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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).

  

Resolutions

Advantages

Disadvantages

When/Why to Use

 

Negotiation

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.

 

Meditation

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.

 

Arbitration

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.

 

Litigation

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.

References

Seaquist, G. (2015). Employee and labor relations: A practical guide. San Diego: Bridgepoint Education.

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#2 Stephanie Robinson

WednesdaySep 6 at 5:14pm

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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

  

Negotiation

Mediation

Arbitration

Litigation

 

Definition

“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.

 

Advantages

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.

 

Disadvantages

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.

References

Seaquist, G. (2015). Employee and labor relations: A practical guide (Links to an external site.)Links to an external site.. San Diego: Bridgepoint Education.

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