Dispute resolution 1

Question 1

What is dispute resolution?

Answer 1

Dispute resolution sets out the system where dispute between an employer and an employee,in to terms and conditions of employment are settled.
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Question 2

What are the 2 forms of dispute resolution?

Answer 2

1. conciliation
2. negotiation

Question 3

What is conciliation?

Answer 3

Conciliation is an attempt through informal discussions to help parties in a dispute to reach their own agreement.The trusted third party does not recommend or decide on a settlement.

Question 4

What are the advantages of conciliation?

Answer 4

1. Conciliation helps the parties to retain ownership of the resolution of the problem.
2. Conciliation is voluntary and it elicits commitment of the parties to the consensus arrived at.
3. It encourages autonomy as it builds parties with problem solving skills other than relying on third parties anytime there is conflict at work.

Question 5

What is negotiation?

Answer 5

Negotiation is an activity whereby labour and management attempt to resolve conflicts of interest in a manner intended to sustain the continuing employment relationship after the dispute. It aims to resolve interest disputes by reaching an agreement acceptable to both parties.

Question 6

Under what section is dispute settlement by negotiation mentioned?

Answer 6

Under Section 153 of the Labour Act 651

Question 7

What does the Act mention concern dispute settlement by negotiation?

Answer 7

The parties in industrial dispute are under obligation to
-negotiate in good faith
-with a view to reaching a settlement
-in accordance with established dispute settlement procedures in collective agreement or contract of employment.

Question 8

What are the phases for effective negotiation?

Answer 8

1. plan
2. prepare
3. at the negotiation
4. agreement on solutions
5. implementation of actions agreed on

Question 9

What does the planning phase involve?

Answer 9

This stage involves mapping out a strategy. This will include thinking about the issues in dispute, determining who has power within the party to negotiate and forming negotiating teams

Question 10

What does the preparation phase involve?

Answer 10

This stage is when the negotiating team is prepared for the engagement. At this stage, the party work out a strategy about the issues of concern on the agenda and work out goals to be attained at the negotiating tables

Question 11

What does the “at the negotiation” stage involve?

Answer 11

There is introduction of teams and housekeeping rules, agree on ground rules, agree on agenda, process, exchange information on agenda items and explore options.

Question 12

What does the agreement on solutions stage say?

Answer 12

The solutions should be a win-win plan and endorsed with a signed agreement