KK10:Dispute resolution process

Question 1

dispute resolution
process 

Answer 1

is a series of
steps that disputing
parties follow in order to
resolve a disagreement
and reach a resolution.

Question 2

Mediation

Answer 2

 involves an
impartial third party
facilitating discussions
between disputing parties
to help each side of the
conflict reach a resolution
themselves

Question 3

Arbitration

Answer 3

 involves an
independent third party
hearing arguments from
both disputing parties
and making a legally
binding decision to resolve
the conflict.

Question 4

Advantages:Mediation

Answer 4

It is less expensive than more formal
dispute resolution processes as it
usually occurs in an informal setting

When parties reach decisions
together, it promotes positive
working relationships for the future.

• The likelihood of a communication
  breakdown between disputing
  parties is reduced with a mediator
  facilitating negotiations.

Both disputing parties have control
over the final decision, meaning
they are more likely to be satisfied
at the end of the resolution process.

Question 5

Advantages:Arbitration

Answer 5

It guarantees that a final decision
is made by a third party, enabling
a business to move forward from
a dispute.

• The final decision is legally
  binding, which prevents the
  occurrence of the same dispute
  between the two parties.

Employees are not coerced into
agreeing to a resolution as the
likelihood of a power imbalance
between disputing parties
is reduced.

Question 6

Disadvantages:Mediation

Answer 6

It may not be effective for resolving
all business disputes as a final
decision may not always be reached.

There may be an unbalanced power
dynamic between employees and
managers, meaning employees
could be coerced into accepting
a resolution that they do not
agree with.

Time – * If a final decision is not reached,
the process can be a waste of time.

• Mediation does not always result in
  a legally binding decision meaning
  parties could go back on their
  agreement in the future.

Question 7

Disadvantages:Arbitration

Answer 7

The process of hearing both sides
of the dispute in an external, courtlike setting is time-consuming for
both parties.

This process may harm future
workplace relations if one of
the disputing parties involved is
unhappy with the final decision.

Employees have reduced control
over the final decision and
therefore may be unhappy at the
end of this process.

Money – * Arbitration is the most expensive
dispute resolution process
due to the costs incurred from
conducting hearings.