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MEDIATION
The author stressed out that the conflicts may occur in many aspects of business of
life, i.e marketing, employment sectors, workplace and etc. Because of such conflicts
and difficulties at the organizational settings, certain measures such as arbitration and
legislation have been employed by some corporations to address this matters. Despite
psychologically burdensome because of the costly litigation, loss of energy, time and
Further, the author mentioned that ADR has become commonly used in Africa,
Western World, and Europe apparently. He further added that most of the
departments in this system. Recent study reported that the most basic primal
negotiation is pertaining two people facing each at the bargaining table, i.e you and
your house seller (Thompson,2001). It also proven that ADR mediation aids the
resolution of conflicts much quicker than under normal legal circumstances in many
countries.
On the other hand, where the culture that have long adopted the resolution of
disputes that centred on the long litigation process, the disputants may feel safer to
resort to that norm. Tidwell suggested that there are methods other than litigation
were used for resolving the disputes, even before the ADR movement exist. Because
of fear of alienating the offender, some claims were not brought up at all, and those
claims were raised often resolved by a host of local mechanisms such as the word
boss, the village head or family. (Tidwell, 1998). This is different from how ADR
mediation work, which has formality that legitimizes the space for administration of
justices. The author has set Centre for Effective Conflict Resolution (CEDR) in
community.
The author further emphasized that when an adequate structures are set up for
ADR to take place effectively and efficiently, many people will realize that ADR is
the best way to save time, money and energy while keeping the business running
without the need to close shop in order to wait for the formalization of the decision
taken at the Law Courts. They wont suffer any loss and their disputes and conflicts
The author also mentioned that in some developing countries, the concept of
ADR in the organizational setting is quite brand-new to them. This is due to the
that the levels of institutionalization for corporations. This is the reasons why the
The author mentioned that the current business around the globe are
systematizing ADR rapidly and profiting from it, for instance, the Georgia-Pacific
announced 2005 as the 10th year of its ADR program, which was estimated to save
the company $33 million over the years (Howard, 2007). Another example is in the
United States of America (U.S.A.) , the business sector is rapidly globalizing and
foreign investment has been increasing in the country, especially following the
election of Barrack Obama the 44th president, with effort to review the U.S policy
and expanding markets with the entire world. Such increasing alliance means that
U.S.A companies will need to adapt themselves to Western business systems and
markets. Notwithstanding with that, the USA suffered economically recently from the
loss of billions dollar due to bad governance enforced by the previous regime. Thus,
they need to strengthen existing conflict resolution systems in such situation, if there
are any, to introduce new ones, if there is such need and to generally systemize
measures that companies may have been taking unconsciously in bringing the
economy to the world class. The author further suggested that in order to achieve that,
there is need for the mediator in this case who can clarify the issues, design a way
forward with the least possible damage to the parties in disputes, to establish the line
of communication which may have been lost in the process of litigation job loss.
The author stressed out the benefit of ADR in workplace in the next paragraph
such as ADR is henceforth has the advantage of being useful in order to resolve
between opposing parties to the disputes therefore it is the process that aims at
design a back - up plan in the case of rejection of the decision by either party.
The author also explained about the therapeutic trust - building approach in this article.
He briefly mentioned that before examining these mechanisms, it is necessary for the
parties involved to look at the general understanding of conflict and the types of
conflicts that have been encountered and expressed by both parties, as the corporate
culture had implications for conflict management and resolution schemes at the
company.
He further added that there were certain reservations towards referring to conflict
using adversarial words such as disagreement, confrontation, fight or the like for
instance, it was more likely it was articulated as a difference of opinion. The main
type of conflict that is encountered at these two partners is task-conflict, which can be
to other types of conflict in the organizational setting. The task - conflicts are
professional by nature and as long as those who experience them have the same level
1
Jehn K, Mannix E (2001). The Dynamic Nature of Conflict: A Longitudinal Study of Intragroup Conflict and Group
controversies about how task accomplishments proceed more specifically with issues
of duty and resource delegation. He explained further that the process conflicts can be
beneficial like task - conflicts but can also take on a detrimental turn, if not handled
always detrimental for the workplace. The reason why it is detrimental is because
people are not able to look beyond their personal differences or animosities,
disregards what the issues might be. Thus, it is inevitable that productivity, efficiency
and general climate of the workplace will be negatively influenced by such conflicts.
The author then further added that because of these conflicts, the mediation is the
mediators build relationships, make space for the venting of emotions, clarify the
proper issues, identify the parties needs, help the parties to hear what each other is
saying, uncover hidden agenda, check parties commercial, personal and technical
contrary to Court of Law. He concluded that his role as mediators was to help parties
search for the best alternative to negotiate settlement while at the same time highlight
the cost of continued litigation and arbitration through shaping proposals that meet the
money and time in contrary to many Court of Laws, it is what makes mediation a
Furthermore, he also added that ADR provides the parties with the opportunity to
mediation the parties have full say over the final result. And they decide their
outcome. Through the mediator, they work together and not against each other
to take decisions which would affect the end result of the process. Other than that,
times. Mediation also gives the parties concerned the chance to settle on their own. It
is the missing dimension in the solution of disputes which is, all inclusive, but at the
same time, it shows parties to the conflict, that they are sole artefacts of their own
settlement.