Week 6 Discussion 1

· “Managing Others’ Disputes Through Mediation” – Resolving Disputes Through Employment Mediation (mediate.com)

· Negotiation, mediation, and arbitration – Negotiation, Mediation, and Arbitration – IResearchNet

Assignment:

Respond to at least two of your peers' postings in one or more of the following ways:

· Share your opinion, on a peer’s the library example, about whether the right strategy was chosen and provide a rationale.

· Describe a similar situation from your workplace or other experiences that meets the criteria for using the strategy described in your peer’s library example including union negotiations, applying it in a different context.

· 3 – 4 paragraphs

· No plagiarism

· APA citing

1st Colleague – Natasha Mills

Natasha Mills 

Negotiation, Arbitration, or Mediation?

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Conflict situations require different approaches to address depending on the nature of the conflict. Some people are able to manage the conflict that emerges between them without the help of outside parties and arrive at mutually satisfying solutions. Approaches such as converting competition into cooperation during conflict, as well as creating a supportive conflict climate, among other strategies, increase the chances for the involved parties to resolve their conflict, thereby eliminating the need to involve a third party. However, not all conflicts achieve this outcome. Some conflict situations, especially those involving tangible issues, tend to take a win-lose trajectory, with each party seeking the win (Cahn & Abigail). This often makes it challenging for the parties to resolve the conflict on their own, prompting them to seek the help of a third party, which is a formal method of conflict resolution (Laureate Education (Producer), nd).

Three approaches to conflict resolution are associated with the involvement of a third party. They include negotiation, arbitration, and mediation. Negotiation as a conflict resolution strategy mainly resolves tangible conflict issues, where the parties involved are more inclined to win-lose outcomes. The negotiation approach, therefore, manages the conflict and helps the conflicting parties to reach a satisfactory settlement through the exchange of proposals and counter proposals (Cahn & Abigail, 2014). Arbitration, on the other hand, concerns a neutral third party that makes a decision on behalf of the conflicting parties, after considering both sides of the conflict. If both parties agree to abide by the decision made by this third party, the agreement is considered binding (Cahn & Abigail, 2014).  Mediation is also a conflict resolution approach that involves a third party. The basic principle of mediation is the third party’s facilitation of communication between the parties in conflict. By communicating, the parties in conflict come up with their own mutual agreements that they all abide by (Cahn & Abigail, 2014).

I have been involved in a conflict situation that forced the other party and I to seek the help of a third party. I was the manager of a team, and one of the team members would not perform most of the tasks I assigned him. Instead, he would sometimes make a face whenever I was speaking to him or not deliver on a task as initially agreed. This frustrated me because we would be behind schedule for most projects due to his rebellious nature. Attempts to bring this to his attention and how it was affecting the whole team was fruitless, causing us to seek the help of a third party. The third party used the approach of mediation by facilitating communication between us to help us identifying the underlying issues (Cahn & Abigail, 2014). We communicated and learned that the employee was finding it difficult to perform the tasks within the set deadlines because he felt like he was being boxed. He preferred to use his own creative methods to perform assigned tasks rather than following what everybody else was doing, causing him to disregard my instructions. On his part, the employee learned that he was a member of the team and collaboration was essential to the completion of tasks. Therefore, we agreed to always brainstorm on how to approach tasks and projects, and agree on the best approach that the whole team would take.

An online example of the use of third-party conflict resolution techniques is one where a boss was under pressure to meet an important deadline and wanted a part-time employee to put in more hours since the team was already two members down (Evokes Productions, 2015). Since it was a small team, two members accounted for one third of the whole team. However, the employee disagreed because she had other important commitments, causing a fallout between her and the boss. As a result, they sought the help of a mediator who helped them arrive at mutually satisfying solutions after communicating and understanding each other’s perspectives (Cahn & Abigail, 2014).

In the scenario, mediation was not the best approach for the conflict issue. Arbitration would have been a more appropriate approach because it involves abiding by the neutral third party’s decision after considering both sides of the dispute (Cahn & Abigail, 2014). Whereas mediation resolved the conflict, the parties are more likely to experience a similar situation in future. From this perspective, a binding agreement is necessary, making arbitration a more effective technique for the conflict.

Cahn, D. D., & Abigail, R. A. (2014). Managing conflict through communication (5th ed.). Upper Saddle River, NJ: Pearson Education.

Evokes Productions. (2015, February 10). Workplace Mediation in Action – Conflict Masters [Video]. YouTube.  https://www.youtube.com/watch?v=4Uzbpj1UCEY&ab_channel=AlexEvans

Laureate Education (Producer). (n.d.). Negotiation, mediation, and arbitration—their role in conflict management [Video file]. Baltimore, MD: Author.

Bottom of Form

2nd Colleague – Donna Tizzano

Donna Tizzano 

Discussion 1 – Week 6 Tizzano

Dr. Fisher and Class,

In our readings this week, we have learned steps to take when attempting conflict resolution using the tools that we have learned in the past weeks but have been unsuccessful in reaching a resolution. Negotiation, mediation, and arbitration are three approaches we can utilize when informal resolution methods have proven to be unsuccessful (Producer, n.d.).

The main difference between negotiation, mediation, and arbitration is how formal each process is. Negotiation usually involves conflict over tangible issues. It is the least formal approach to conflict management where people with different proposals engage in a discussion and go back and forth with counterproposals trying to bargain with one another to reach a mutually agreeable resolution for all parties (Cahn & Abigail, 2014).

When negotiation is unsuccessful, a more formal approach to conflict management is taken by bringing a third party (mediator) to listen to both teams objectively. Mediation differs from negotiation because a third party is brought in because the two parties were unsuccessful in reaching a mutual agreement.  The mediator may hold a certification or be trained in mediating and constructive communication. Initially, the mediator outlines rules for the discussion and communication etiquette for those at the table. This person’s role is to ensure everyone can present their case and understand what the other party is saying.  Through discussion and guidance from the mediator, it is the hope that both parties can reach common ground so they can work toward and achieve a mutual agreement. At the end of mediation, if one or both parties still do not agree with the outcome, they can progress to another approach of conflict management called arbitration.

The third and most formal approach to conflict management is arbitration. Arbitration is different from both negotiation and mediation because the decision or resolution that the trained and certified arbitrator comes to is binding and cannot be changed. When a conflict progresses to arbitration, both parties have agreed that the outcome will be accepted by both parties (Producer, n.d.).

I work at a hospital with three separate unions representing different job classifications within our hospital. I am a member of the Senior Administration’s negotiating team, so I have participated in several contract negotiations, mediations resulting from caregiver’s disagreement over corrective actions, and four arbitrations. One arbitration stands out vividly in my memory.

The mission of our hospital is to continue the healing mission of Christ to all who come through our doors. Those who work at the hospital are very proud to fulfill this mission which is so important to the Sisters of Charity who own the hospital. The conflict that led to arbitration was about an incident in our Medical Emergency Department (MED). A homeless man registered in our MED to be seen for a minor issue. He entered the MED without shoes or a shirt. The patient was seen and examined by the provider, and after several hours and some diagnostic testing, it was determined that he could be discharged. Because the man had been there so long, he requested a meal. The nurse caring for him told him he could not get a meal and was discharged and needed to leave. The man shared that he had not eaten that day and requested something to eat again. Upon hearing this, another nurse ordered the man a meal tray. When this patient’s nurse found him still in the room, she again told him to “get out you were discharged and must leave now!” The nurse then called security, “helped” him off the stretcher, and escorted him to the doors of the MED. She continued to accompany him to the curb with no shirt or shoes. This situation occurred in October, so it was cold outside. These events were all captured on security film.

When Administration found out about this blatant disrespect and disregard of our mission and core values, the nurse was immediately asked to come in to discuss what had happened. During the discussion with her Union Representative, she described the events and said the patient was malingering, so she made him leave since the MD discharged him. When asked why she had not provided him with clothing or shoes from our “Jesus Room”, she said he didn’t come in with any, so she didn’t think to get him any.  The nurse was suspended until Administration, and I (her immediate Supervisor) decided what level of corrective action this warranted. Ultimately, we decided that this was a complete disregard to our core values and mission of our hospital since this nurse bodily assisted this patient out to the curb without clothing to protect him from the elements and told him not to come back. The decision was made to terminate the nurse. The nurse disagreed with this course of action and grieved the dismissal. Because the hospital was not going to change their decision of termination and the nurse wanted her job back, this dispute was not going to be resolved without the assistance of a third-party mediator who was called in to facilitate, guide, and support the discussion process (Cahn & Abigail, 2014).

The mediator explained how the process was going to proceed, explaining that each party would have an opportunity to present their case, and during this process neither side was to interrupt the other side. The mediator stated that there would be an opportunity to ask questions and clarify statements later. Providing these guidelines is an attempt to facilitate a peaceful way for the two parties to manage and resolve the conflict (Cahn & Abigail, 2014).

We were unable to reach a mutual agreement to this dispute, so both parties agreed that a Federal Arbitrator would be called in to hear the dispute and the decision determined by the arbitrator would be accepted by both parties and would be binding. The Arbitrator ultimately determined that this was not a terminable offense and instructed the hospital to re-instate the caregiver’s job and pay her $29,000 in back pay.

I retrieved information online of an example of using negotiation to achieve a mutual agreement when securing a sports figure in a contract. The NFL is prohibited from re-negotiating a player’s contract until they have played for three seasons in the NFL (Brandt, 2021). Once the three seasons are completed, a contract is usually negotiated through the NFL team and the players agent.  Lamar Jackson, quarterback and 2019 MVP for the Ravens, chose to negotiate his contract on his own without the assistance of an agent (Brandt, 2021). Lamar Jackson will be a free agent in 2023, and the Ravens have already engaged him in negotiations to secure him in a deal that will continue his tenure with the Ravens. His current contract is somewhere in the range of 10 million dollars over four years, but now he and the Ravens are in discussions/negotiations of a potential contract of more than 100 million dollars over several years. Contract negotiation involves a tangible issue of money where the two parties’ bargain over what salary will be provided to the player, other bonuses, etc. During negotiations, expectations and goals are set high with the realization that most times, concessions on both sides will be expected in the hopes of reaching a mutually agreeable resolution. I will be following these negotiations to see if Lamar Jackson will continue to negotiate his contract extension or if he and the Raven’s Organization will come to an impasse and require the support of a mediator.

References:

Brandt, A., (2021, Sep. 22). Business of football: The hidden risk of Lamar Jackson’s negotiating his contract without an agent. Sports Illustrated. Retrieved from https:/www.si.com>NFL

Cahn, D. D., & Abigail, R. A. (2014). Managing conflict through communication (5th ed.). Upper Saddle River, NJ: Pearson Education.

Laureate Education (Producer). (n.d.). Negotiation, mediation, and arbitration—their role in conflict management [Video file]. Baltimore, MD: Author.

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