Mediation & Arbitration

NMC501 SLP 4 submit to CE Module 4 – SLP Mediation & Arbitration SLP Assignment Expectations 1 The intent of the SLP is for you to apply the theoretical and general aspects covered in each module, to real-life and practical cases. 2 Conflict is an integral part of our lives, and we encounter it in every aspect of our personal and professional activities. 3 Surely, you have observed (or even participated in) some form of conflict at your workplace, be it a simple but heated interpersonal matter, or a full-scale organizational dispute. 4 The SLP will always have three short parts you will need to address in EACH module, as described below. 5 Focus should be put on sections II + III. 6 As each module deals with a different topic, you can choose on describing and analyzing the same conflict in all modules, or widening your scope and describing different incidents. Part I – Background and Settings (in about ½ a page): 1 The Organization – Without revealing proprietary information, describe the organization of your choice (It should be one that you are familiar with, so preferably it would be easier, if it would be your own). 2 The Conflict – Describe the workplace conflict issue you have chosen to write about. 3 What is the underlying problem or difference? 4 Who are the parties or sides in this conflict? 5 The “Neutral”” 6 Who was the “Neutral”? 7 How was he chosen? Part II – How was it Mediated or Arbitrated? (in about 1 full page): 1 Describe “your chosen” side’s decisions and/or behaviors and/or actions to the following: 2 Why was a third-party neutral required? 3 How did the Neutral facilitate the discussions? 4 Was the outcome acceptable by both sides? Part III – What Would You Have Done? (in about 1 full page): 1 Assuming you were the Neutral in this conflict: 2 What would you have done in this case? Module 4 – Background Mediation & Arbitration Required Reading Please review the following materials in this order and access via ProQuest where no link is provided: Shachar, M. (2011). Conflict Resolution Management (CRM). Text Book. Chapter 5. PowerPoint Presentation: Foundations of Conflict Resolution: Module 4 The American Arbitration Association. ADR Guides. Retrieved on May 12 from: http://www.adr.org For your Case Assignment: McLean, D. J., & Wilson, S. P. (2008). Compelling Mediation in the Context of Med-Arb Agreements. Dispute Resolution Journal. New York: Aug-Oct 2008. Vol. 63, Iss. 3; pg. 28. Optional Reading Peterson, R. M., & Lucas, G. H. (2001). Expanding the antecedent component of the traditional business negotiation model: Pre-negotiation literature review and planning-preparation propositions. Journal of Marketing Theory and Practice; Statesboro; Fall 2001 Module 4 – Outcomes Mediation & Arbitration Module Outline and explain Conflict Resolution Management Approaches and their procedures: Third Party and Alternative Dispute Resolution (ADR) Methods. Reflect upon and integrate course concepts. SLP Examine the advantages and benefits of using mediation and arbitration as a conflict resolution strategy. Module 4 – Home Mediation & Arbitration Modular Learning Outcomes Upon successful completion of this module, the student will be able to satisfy the following outcomes: SLP Examine the advantages and benefits of using mediation and arbitration as a conflict resolution strategy. Module Overview Mediation & Arbitration have gained in recent years a “front row seat” in the degree of importance and level of implementation in the field of conflict resolution strategies. When the disputants, for whatever reason, cannot (or will not) resolve their differences by the unilateral or bilateral methods, but still wish to do so outside of the law courts of the land, they may utilize the services of a third party, or seek alternative dispute resolution (ADR) options. In a nutshell: Mediation involves an attempt by the parties to resolve their dispute with the aid of a neutral third party, the role of which is advisory. Arbitration is the submission of a dispute to one or more impartial persons for a final and binding decision. In this module we will delve into the principles and mechanics of mediation and arbitration and learn of their benefits in practicum.

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