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.