Services Informal conflict resolution. Services Collective agreement interpretation Informal conflict resolution Grievances Staffing complaints Harassment and discrimination complaints Confidential Reporting Tool.
In our experience, informal processes are: Shorter than formal grievances and complaints Non-adversarial in nature More likely to lead to good long-term relationships between the conflicted parties Our Labour Relations Advisors will try to resolve conflicts informally wherever possible.
Do you have a conflict to deal with? Contact a Labour Relations Advisor. Conflict resolution can be defined as the informal or formal process that two or more parties use to find a peaceful solution to their dispute. A number of common cognitive and emotional traps, many of them unconscious, can exacerbate conflict and contribute to the need for conflict resolution:.
We tend to be overconfident in our judgments, a tendency that leads us to unrealistic expectations. Disputants are likely to be overconfident about their odds of winning a lawsuit, for instance, an error that can lead them to shun a negotiated settlement that would save them time and money. Whether negotiators are dealing with a labor strike, a merger, or an argument with a colleague, they are likely to irrationally escalate their commitment to their chosen course of action, long after it has proven useful.
Because negative emotions cause us discomfort and distress, we may try to tamp them down, hoping that our feelings will dissipate with time. In fact, conflict tends to become more entrenched, and parties have a greater need for conflict resolution when they avoid dealing with their strong emotions.
Given these and other pitfalls, how can you set up a constructive conflict resolution process when dealing with conflict at work and other realms? Conflicts can be resolved in a variety of ways, including negotiation, mediation, arbitration, and litigation.
In conflict resolution, you can and should draw on the same principles of collaborative negotiation that you use in dealmaking. In addition, determine your best alternative to a negotiated agreement , or BATNA —what you will do if you fail to reach an agreement, such as finding a new partner or filing a lawsuit. By brainstorming options and looking for tradeoffs across issues, you may be able to negotiate a satisfactory outcome to your dispute without the aid of outside parties.
In mediation, disputants enlist a trained, neutral third party to help them come to a consensus. Rather than imposing a solution, a professional mediator encourages disputants to explore the interests underlying their positions. However, binding areements resulting from litigations or arbitrations which are settled are not as frequently complied with as agreements reached after mediation.
There is yet a fourth method of dispute resolution not mentioned here. That is facilitated mediated negotiation, during which the mediator takes on a more active roll in guiding the parties towards a resolution.
In this type of mediation, the mediator is often expected to have a substantive background in the subject matter. Oftentimes in practice, disputants usually cool off their emotions by adopting litigation as a method of resolvong their issues. This changes after their emotions settle, and they are now open to other methods of resolution. Litigation before Mediation. The parties thereafter explore settlement amicably.
Their terms of settlement can be adopted as the consent judgement of the court. The issues of time and cost makes them explore this process. Click here to cancel reply. Your email address will not be published. Save my name, email, and website in this browser for the next time I comment. Preparing for Negotiation Understanding how to arrange the meeting space is a key aspect of preparing for negotiation.
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