LAW
They are termed as follows director influencer steady and complaint (Maria Gregg, 1997). A director is determined to find resolve through power and authority. An influencer attempts to make a favorable impression and find resolve through expression. The steady focuses on getting the matter solved as quickly as possible, but all the while making sure that the needs and rights of the parties are protected. The compliant uses the tactic of messenger. This form of neutral usually acts as the go-between for either party when face-to-face negotiations are ill advised or physically impossible. Before a neutral begins the task of conflict resolve, either party must agree on the neutral chosen. In some cases, the court will assign or appoint a neutral as the designee for the matter at hand, but in order for resolve to be effective it is imperative that both parties feel comfortable with the neutral. The legal system has incorporated the tactic of using third-party assistance through a neutral representative (Federal Trade Commission, 1997). This concept allows for resolution to be reached in a timely manner, and it keeps the court dockets cleared from stale-mate cases.
Conflict in any instance creates disturbance and unrest. When legal questions and issues are permitted to fester, they take on a life of their own and begin to deteriorate the standard of decency among the parties involved. According to the Blacks Law Dictionary, a dispute is a controversy that has led to a particular lawsuit (2001). In the business world, the existence of conflict resolution is a must. Ethics and policy are brought into question when a business arrangement or relationship is thought to have been violated in some way. This sometimes involves employment contracts, issues of sexual harassment, employee performance with regard to promotions and raises in salary, and mergers. There is a gray area that exists between an employee and an employer. These differing points of view combined with the insistent personalities of either party will have an erroneous effect on everyone. Family law is another facet of the legal system that relies on third-party conflict resolution. Divorce and custody are handled through mediation. Neutrals, also called mediators, bring the parties together to address issues of custody, visitation, medical provisions, child support, grounds for divorce, and in some cases and abandonment of previous divorce filings. Conflict resolve and dispute resolution is also used as a means of damage control. When matters are being dealt with in a straight forward fashion, the public is less likely to become overly concerned or enter into a panic phase. This is especially true when family members are involved with either of the parties to the dispute. This resolution effort keeps the court dockets freer and allows more room for either party to feel that his or her needs were heard and adhered to. This method assures that decisions were reached in a legal and unbiased manner by an educated and authorized representative.
The best way to understand how dispute resolution and conflict resolve is to sometimes look at a scenario involving the issue. In a recent conflicting and controversial issue, a son-in-law was hired to work for his father-in-law on his personal farm. At the end of the first work day, the employee was instructed to drive a combine, large vehicular farm equipment, out to the back side of the property in the late evening after work. The employee informed his employer of his lack of experience and lack of confidence in doing so, but complied with the employer after being instructed to do so anyway. He also decided to take a short cut to the back side of the property, but it can only be assumed that this was done to save time and to get the job finished sooner. As a result, the employee ended up causing damages to a neighbors barn and to the combine farm equipment belonging to his employer. The neighbor seems to be fine with the circumstances, but is wishing to be reimbursed at twice the rate of what the damages actually were. The employer is demanding that the employee pay for the damages and is insisting that his personal insurance company is looking to sue him personally for damages as well. Effectively, conflict resolve and a dispute resolution neutral would be most beneficial to all the parties involved in this matter of legal litigation.
The employee in the above scenario could save himself from much legal issue if he were to seek out a mediator. Despite the fact that the employee did cause damage to the neighbors barn and damage to the vehicular farm equipment belonging to his employer, he is still protected under certain dialects of the law. Clearly there exists an issue of contributory negligence in this matter. The employer should have never put such a demand on his employee after the work day was completed. The fact that the employee informed the employer of his lack of experience in driving such equipment shows that there was a reasonable possibility for trouble from the beginning. This does not excuse the fact that the employee was negligent to the fact because indeed he was. Negligence is defined as failure to use reasonable care (Garner, 2001). The employee failed to use reasonable care because he voluntarily chose to drive the farm equipment knowing that he did not possess the experience to do so. In essence, he could have simply refused to comply with the employer and said emphatically, no.
In the aforementioned scenario, it seems most appropriate to seek out meditation rather than arbitration at this point. The issues surrounding the dispute are still very close to the surface and emotions are likely to be running high. When the employers insurance company becomes fully involved for the purpose of seeking justification for the wrong they feel was done to their client, the negotiation process would likely move into the arbitrary phase of resolution. The employee in this matter clearly has the ball in his court. It would protect him in the long run both legally and financially if he were to begin mediation as soon as possible. The minor cost of a non-binding mediation would far outweigh the length and cost of a full fledge trial. The neutral presiding over the matter would be able to initiate the mediation process where all parties were concerned as well as facilitate appointment scheduling and locale (Fiadjoe, 2004). Each party is privy to having their own private representation via an attorney, but this is not a legal requirement. Many businesses choose to be represented by counsel in order to protect their investment or to simply represent certain key players in their absence. Often times in larger corporate businesses, it is virtually impossible for certain officials to appear in person due to prior engagements, appointments, or because of other pending business matters. Privacy and confidentiality matters would assuredly be discussed and agreed upon before any mediation were to begin. Everything would be handled in a professional atmosphere and setting making sure as to not add to the already stressful situation.
The neutral takes on the role of evaluating once the mediation process begins. This means that all information from all parties will be heard and listened to very carefully. This method assures that each intricate detail is taken into consideration and that no stone is left unturned. There may be some non-binding feedback offered on the particulars of the case at hand, but no decision will be made without it being consensual. Evaluations usually take more than one session to complete (2004). This is sometimes due to scheduling conflicts. In the evaluative phase of this particular dispute resolution, the employee would be afforded the opportunity to explain his side of the story in his own words. He would be able to express his lack of confidence when asked to drive the vehicular farm equipment. He would also be permitted to offer an explanation as to why he chose to take a short-cut with such a large piece of equipment in the middle of the night. While the employee has never denied his portion of responsibility surrounding this issue, it is imperative that he be able to cite his employer for contributory negligence in asking him to perform such an unreasonable task. Future dialogue would allow for the employee to admit his part in the incident, but would substantiate that he be able to set up some kind of payment plan to provide restitution to the injured party for his role in the matter. At this juncture in the dispute resolution process, the parties begin to move into the adjunctive phase. This phase is a form of arbitration which is binding. Any agreement reached would be implemented as a settlement. This settlement would be entered into a court for documentation depending on the state handling the matter. Some states only require that this be done administratively and without the aid of the court (2004). The neutral would be responsible for drawing up the agreement and providing for all parties to sign. Upon signing the agreement, the matter would be considered to be resolved and finished.
The legal world is full of many obstacles and adventures. While conflict is not usually deemed to be an adventure, it is a path often exploited. Conflict does not always have to carry with it negative connotations. There are feasible ways in which to find civil ground and understanding for all those involved. Business matters and family matters use conflict resolution everyday although it is sometimes done so on a lower scale of formality. Employees may find it easier to use a mediation process to resolve their issues while protecting their level of employment. Employers and business owners may choose to do likewise in order to protect their vested interests and reduce turnover. The timeframe involved is a little less restrictive and reduces the amount of stress produced when working within a deadline. In any instance, the legal system has plunged forward into conflict resolution with the aid of professional neutrals at their side. The outlook could only be a hopeful one for all involved.
Categories:
0 comments:
Post a Comment