Mediation, Conciliation and Arbitration in Conflict...

MEDIATION, CONCILIATION AND ARBITRATION IN CONFLICT MANAGEMENT Outline a. Introduction b. Definitions of conflict c. Conflict management d. Negotiation, Mediation, Conciliation and Arbitration as in Conflict Management e. Recommendation f. Summary/Conclusion Introduction Conflict is a natural phenomenon in every human societal living. It exits whenever people or groups disagree over which goals or values to pursue and the method and timing to be adopted in that regard. Since conflict is inevitable, it must be properly managed to mitigate its effects on human society Conflict From a Latin word ‘pugna’ means ‘to clash or engaged in a fight’. It means a confrontation between one or more parties aspiring towards incompatible or competitive†¦show more content†¦In 1990 Mandela was released from prison and by 1993, an interim constitution was developed by 21 political parties[8] (e.g. Inkatha Freedom Party, The Afrikaner National Party, etc.) In 1994 the first democratic election was held and Mandela became the president and the subsequent collapse of the apartheid system of government. Mediation It is a facilitative process in which disputing parties engage the assistance of an impartial and neutral third party; the mediator, who helps them to arrive at an agreed resolution of their dispute. The mediator has no binding authority. The mediator serves as a facilitator. A mode of negotiation in which a mutually acceptable third party helps the parties to a conflict find a solution that they cannot find by themselves. Unlike judges or arbitrators, mediators have no authority to decide the dispute between the parties. Mediators may focus on facilitating communication and negotiation but they also may offer solutions and use leverage, including positive and negative incentives, to persuade the parties to achieve an agreement[9] According to (University for Peace, 2005)[10] mediation is ‘a voluntary, informal, non-binding process undertaken with an external party that fosters the settlement of differences or demands between directly invested parties’. Mediators often spend time with each party to the conflict through what has come to be known as ‘shuttleShow MoreRelatedHistory Of Adr And Conflict Management Essay1462 Words   |  6 Pages The following review of the literature discusses the history of ADR and conflict management. Additionally, this section discusses the four principal ADR processes Mediation, Arbitration, Negotiation and Conciliation as part of the conflict resolution mechanisms. The theoretical framework and guiding theories were explored. Finally, this chapter analyses the legislative framework in both at National and International arena. 2.1.1 Alternative Dispute Resolution ADR is a generic term that refers toRead MoreDiscuss the Processes Available in Alternative Dispute Resolution1469 Words   |  6 Pagesan alternative dispute resolution is to provide various methods of dispute management to litigation that are in place today . The main processes available are mediation, conciliation (though it can be used interchangeably with mediation as it ¡Ã‚ ¦s considered a form of mediation), independent expert appraisal or evaluation, arbitration (though technically is not included as ADR and will be discussed further under  ¡Ã‚ ¥Arbitration ¡Ã‚ ¦) and mini trials . There are many advantages and disadvantages for theseRead MoreIntroduction. In Accordance With Hr.Com, At Its Most Fundamental,717 Words   |  3 PagesIntroduction In accordance with HR.com, at its most fundamental, arbitration is a method of dispute solution; arbitrations are confidential, jurisdictive determination of a disagreement, conducted an impartial third individual. An arbitration hearing might necessitate the utilization of an individual arbitrator otherwise a tribunal. A tribunal entails of any quantity of arbitrators; though, some legal systems require on an odd numeral for understandable rationales of wanting to circumvent a stalemateRead MoreDispute Resolution Processes Essay1240 Words   |  5 Pageshuman-interaction, conflict is virtually unpreventable. For-instance, some conflict may well erupt a dispute in any structure of relationships, and other perhaps resulting in extremely compound international confrontation and hostility. It isnt that they cant see the solution. It is that they cant see the problem (G. K. Chesterton). Consequently, dispute resolution processes have been developed to manage and intervene in these types of disputes. The result is a highly diverse field in which conflict mediationRead MoreThe Process Of Alternative Dispute Resolution2124 Words   |  9 Pageshuman resource management. As the use of ADR methods grew, proponents viewed them as promising mechanism’s for an abundance of scenarios. Conflict has and always will be an inherent part of the workplace (Colvin 2003). It is for this reason alternative conflict resolution has amassed development, especially considering the cost of rigid normative procedures, with Gibbons (2007, p 7) estimating that employment conflict in the UK costing an estimated  £410 million annually. Conflict is generated whenRead MoreMediation in Third Party Intervention919 Words   |  4 PagesMediation in Third Party Intervention Communication and Conflict In cases of conflict where parties are having difficulty communicating or negotiating an outside help or third party can help the parties communicate effectively. Third parties1 act as a facilitator and help each side in analyze the conflict (Burgess, Burgess, 1998). Third party interventions are available in several forms. Informal third party intervention consists of helping parties with whom relationalRead MoreAlternate Disputes Resolutions: Mediation and Arbitration889 Words   |  4 Pagesother procedures, the most commonly used are mediation and arbitration. An important advantage of ADR is that it saves time and money. Since there are rules and regulations that have to be followed in a trial, the procedure is more formal and sometimes people miss the opportunity to tell the story as they want. With ADR the outcome is frequently more positive, it prevents ending relations between persons, companies and organizations. Mediation is the process in which parties find a solutionRead MoreAlternative Dispute Resolution. RESEARCH ASSIGNMENT5597 Words   |  23 Pagesdegree B.Sc (Quantity Surveying) Honours Department of Quantity Surveying and Construction Management Faculty of Natural and Agricultural Sciences UNIVERSITY OF THE FREE STATE BLOEMFONTEIN Mrs M-M Els 2013 TABLE OF CONTENTS ALTERNATIVE DISPUTE RESOLUTION 1. Chapter 1 Introduction 3 2. Chapter 2 What is Alternative Dispute Resolution 3 3. Chapter 3 The Concepts of Conflict and Disputes 3 4. Chapter 4 The Development of Alternative Dispute Resolution 3 Read MoreA Brief Note On Alternative Dispute Resolution And Other Forms Of Helping Professions1462 Words   |  6 PagesAlternative Dispute Resolution Conflict resolution is used in various aspects of counseling and other forms of helping professions. It is vital that conflicts between opposing parties are managed in order for progress to be achieved. By maintaining a controlled environment during the negotiation process, the two parties will often be able to come to a resolution of their differences. Sometimes it can be difficult for two parties to work together without the help of a third party to assist in theRead MoreMethods to Resolving Industrial Disputes6868 Words   |  28 Pages6. Introduction †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 07 7. Definition of dispute †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 08 8. Machinery for settlement of disputes †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 09 9. Collective Bargaining †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 09 10. Mediation and Conciliation †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 16 11. Investigation †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 17 12. Arbitration †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 18 13. Adjudication †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 21 14. Conclusion †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 24 15. Bibliography †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 25 LIST OF CASES 1. Life insurance corporation of India