Tuesday, March 20, 2012

Appropriate Dispute Resolution Procedures



Appropriate Dispute Resolution Procedures

 Determining the appropriate dispute resolution procedure for a given situation may be a difficult challenge.  Although the selection process is more art than science, “both theoretical and practical indications should guide this process choice” (Moffitt & Bordone, 2005, p. 386).  There are several factors to consider when choosing a strategy, such as which process is complimentary to both parties or to society as a whole, the climate in the environment of the conflict, the goals for the processes, etc.  Of the “four principal attempts to develop a taxonomy for deciding which process is best for a dispute” (Moffitt & Bordone, 2005, p. 389), the following shall consider the Dauer model and the CPR approach.
            To begin with, the Dauer model does not specify any particular dispute resolution process for consideration, yet it focuses on the characteristics of the case, the attributes of the parties, features of the environment, and the barriers to settlement (Moffitt & Bordone, 2005).  Characteristics of the case may be inclusive of contracts, third parties, court-relative or out-of-court processes, etc.  The parties’ individual understanding, age, position / occupation, and relation to one another, also determines what type of process will be chosen.  As far as the environment is concerned, “one should determine the dispute resolution climate in the place of the dispute” (Moffitt & Bordone, 2005, p. 388).
Is this a work environment, a public or private school, a household, within a government office, between neighbors, or a community issue?  State and federal laws coupled with cultural acceptance must be taken into account as well.  Then, what are the barriers to the settlement?  Is this issue time contingent, how many resources are available to either party, are both parties competent enough to represent themselves, or is travel involved, are examples of possible obstacles when deciding which process to select.  Utilizing the Dauer model is most effective when the parties are unfamiliar with one another, loosely related, and / or the environment is uncommon.  This strategy is applicable in the following scenarios;
  1. A store owner is debating with the salon owner next door over customer-parking.
  2. An Islamic student is denied the right and time to pray during the school day.
The Dauer model would help to secure a desirable outcome for the disputants in either scenario because it helps to define the issue and / or the common goal (adequate parking / individual religious rights versus interrupting the educational system), pinpoints any potential impediments (property rights, street zoning / school and county by-laws), and will determine what type of third party assistance may be required (landlord, county zoning agents / private attorney, school and government officials).  Negotiation may be utilized initially in scenario one, however if unsuccessful mediation or arbitration may be sought.  In scenario two, mediation should be the first step, followed by arbitration if unsuccessful.
            Secondly, the CPR approach is tailored towards mediation within business disputes.  It focuses on the parties’ goals for managing the dispute, how suitable the dispute is for problem-solving, the potential benefits of mediation, and the possible contraindications for mediation (Moffitt & Bordone, 2005).  One must consider what each party desires to accomplish or achieve throughout or as a result of the ordeal.  Also, does the conflict in question lend itself to be resolved by a process of mediation?  Or is this issue a win / lose scenario?  How would mediation improve or better the situation?  In addition, why would the disputants utilize mediation?  For what reasons?  Utilizing the CPR approach would be beneficial under the following circumstances;
  1. Co-workers having difficulty sharing a common work area.
  2. An unwanted sexual advance between co-workers.
The CPR approach is beneficial in either situation due to the fact that it pinpoints the desirable goals of the disputants (suitable time and utilization of resources on hand / a comfortable work environment), identifies whether or not the dispute may be resolved by problem-solving (creating workable solutions and suitable conditions), identifies the benefits (cost and time efficiency / sets the stage for future success and workability), and identifies the necessity for mediation (to resolve the issue between the opposing parties by the use of a neutral third party mediator).
            Possessing the ability to select “these informal conflict resolvers make a significant impact upon organizations either by resolving the conflict or channeling it to a formal mechanism” (Taylor, 2000).  This capability benefits household, community, and societal disputes as well.  Although it may be challenging, utilizing these selection strategies will help secure a desirable outcome for the disputants.

References:
Moffitt, M.L. & Bordone, R.C. (2005) The Handbook of Dispute Resolution.
            San Francisco, CA: Jossey-Bass.
Taylor, M. Informal Conflict Resolution: A Workplace Case Study. Retrieved

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