Cambrian College Human Resources Management Postgraduate Certificate Alternative Dispute Resolution| HRP 7111 Process Assignment Student: Ore-Oluwa Naomi Sosina- A00289132 Professor: Chris Vuorensyrja February 16, 2024. Sudbury, Ontario Review the conflict situations outlined below. Conflict Situation Process Two coworkers disagree over how to approach a project Mediation they have been assigned to work on together. One co-worker believes that they should utilize a new approach that they have discovered in their research on the task. The other coworker believes that they should use the existing approach that the company has been using for years. The conflict involves the labourer’s union and the Arbitration carpenter’s union. Both unions believe that their members Standing should be able to perform the same sort of tasks. Each union Neutrals claims that their members should have access to those duties because they had done so on similar projects in the past. Why Process is Appropriate Mediation helps to preserve relationships, and here, as coworkers, they need to preserve their working relationships to be able to work along better. The two parties need to highlight and explore the reasons for their conflict on their own, and mediation with the aid of a neutral third party will help them. Also, because the parties involved will both come to an agreed resolution, it will be easy for them to stick to whatever they agree upon since they both conceded during the process, thereby mitigating further conflict on the issue and helping them focus on getting their job done. Arbitration because it involves issues of labour relations. Arbitration allows the unions to tailor the solutions they want to their situation. Standing Neutrals can be employed because it will aid the parties in the opportunity to collaborate on the conflict and commit to communicate during the process as well as be willing to solve the problems on their own; this is because union matters tend to be very conflicting. A citizen has lodged a complaint regarding the poor service they received at a local Service Ontario location. The complaint involves the department’s timeliness and the tone of communications received by the citizen. Ombuds There is a dispute between two software companies over the Arbitration belief that one has used the others code in the development of a new app. It is a complaint, not an issue of rights and compensation or a win-win or win-lose situation to be identified. It is for the purpose of rectification of a process that can be looked into and corrected by a government agency. Ombuds have the power to investigate, make findings and recommend future actions as regards service Ontario as such investigations can be used to influence the government of Ontatio to take action as regards the quality of customer service rendered. The issue is adversarial in nature because it is a conflicting opposing matter as against mediation, which is best for an issue of disagreement. Arbitration is best in this regard because it is private and will preserve the reputation of both parties in the market. Arbitration is cheaper and faster than litigation, so it is best for this situation because it will help resolve the matter quicker in one process than the several and long years process of litigation. Also, the parties can proceed to court to enforce the award of the process. Two companies are currently experiencing a conflict due to differing interpretations of the terms outlined in a previously agreed-upon contract which both parties signed. This disagreement has resulted in a dispute over the fulfillment of contractual obligations. Mediation Arbitration Med-Arb Arbitration is best because they can get an enforceable award in court. Also, because it is a dispute over contractual obligations that are written, an evidence-based method of the written contract can be tendered in the arbitration process to support each party’s claim. Med-Arb is recommended because mediation will help to preserve the relationship they have built over the years from contracts signed and allow them to continue their contractual business relationship; however, if mediation fails, they can then resort to arbitration to help outline each one’s rights under the contract and end with finality of the real contractual obligations as interpreted from the signed contract.
