Present your views in approximately 250 words in your initial discussion post. Respond to at least two of your peers’ posts. Utilize the course text, weekly lecture, and at least one other scholarly source. Remember to properly cite your sources.
Carefully review the Discussion Forum Grading Rubric for the criteria that will be used to evaluate this Discussion Thread.
(2.) What are the major differences between negotiation, mediation, arbitration, and litigation? Make a chart showing each one’s advantages and disadvantages and justify why and when you would use each one.
Steps in the Process of Collective Bargaining
The process of Collective Bargaining involves four steps and one of them is “Bargaining”. In this step, both the parties talk about the possible compromises and negotiations that have to be made and is to be accepted by both the parties. Common ground is identified that will facilitate the settlement process and will provide solutions to the dispute. The process of negotiation becomes easier if a problem-solving approach has been adopted in this part. The preparation of draft agreement takes place which will not be a final agreement but is a stepping stone to the making of the final agreement that would be legally binding and has to be followed by both the parties (Smiley, 2015).
In my opinion, the preparation, bargaining, and the final agreement steps are of utmost importance in the process of collective bargaining. Choosing a representative in the preparation of negotiation for the union and the employer respectively, and examining the situation to develop issues plays a significant role. Bargaining is identifying a common perspective and drafting of an agreement in which the solution to the problem is considered which is accepted by the parties. It is the key function which will enhance the understanding between the members and the employers (Yacht, 2000). The final agreement is the most important of all as it will be the ultimate decision to be followed.
If the Bargaining step is to be eliminated, then the whole process will be messed up as there are chances of variations in the final agreement not accepted by any of the parties. This will lead to more of the conflicts, and the issue will not be solved with mutual cooperation.
Methods of Conflict Resolution
Negotiation is generally reaching out to a mutual conclusion of a problem to which both the parties give their consent without any legal actions while litigation is the process of judicial proceedings under a common lawsuit in which one party sues the other. In arbitration, the parties are allowed to choose a person known as an arbitrator, who will decide the case and will give an ultimate decision to the problem while in mediation, a mediator is appointed who will not be the decision-maker instead he/she will help the parties to communicate effectively in resolving the issue (Kirkwood, 2011).
Types of Conflict Resolution
Most effective, less expensive, time saving, short process, focused approach.
Risks of making a bad deal, chances of making a situation even worse.
Neutral third party assistance, acceptance of evidence.
Binding process, expensive, can be biased.
Non-binding process, neutral third party assistance.
Less credibility, can be biased, less efficient.
Proof of evidence, not bias, formal and systematic process.
Most expensive, time consuming, uncertain, lengthy process (Hansen, 2008).
In a commercial setting, to avoid additional expenses and to maintain harmony I will choose negotiation process while in a most complex situation where the situation is worse and legal aid is needed, I will definitely go for the litigation process. In a situation where knowing and judging the parameters is important and professional help is required, I will ask to appoint an arbitrator to decide the matter. For knowing all the pros and cons of the matter in light of certain evidence, I will choose the process of mediation.
Hansen, T. (2008). Critical conflict resolution theory and practice. Conflict Resolution Quarterly, 25(4), 403-427.
Kirkwood, T. (2011). Book Reviews: Conflict resolution in the 21st century: Principles, methods and approaches. African Journal On Conflict Resolution, 11(2).
Smiley, E. (2015). Collective Bargaining 3.0. Dissent, 62(4), 69-72.
Yacht, A. (2000). Collective Bargaining is the Right Step. New England Journal Of Medicine, 342(6), 429-431.