Mediation Assignment-week 5

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Oct 30, 2023

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Mediation Assignment: Week 5 Step 1: Stabilize the Setting Samantha Pinder is setting up a meeting with Brenda Bennett and Harold Stokes to talk about the irregularity in the employment of summer interns. To discuss their interests and aspirations and to go over the mediation process, Brenda, Harold, and Sam will meet individually first. Resolving the conflict in a way that is acceptable to both parties is the aim of the mediation. Sam stresses that for an agreement to be reached, both parties must be prepared to make concessions. When Brenda Bennett and Harold Stokes arrive in your office, you greet each of them with a warm handshake and friendly smile. You thank them for taking the time to meet with you today. You explain that the purpose of the meeting is to try and resolve the dispute regarding the hiring of summer interns. You explain that your goal is to create a positive and productive environment in which they can work together to try to come to a resolution. You ask each of them to explain their point of view in their own words, without interruption. You emphasize the importance of listening to each other without judgment or criticism. You emphasize that the purpose of the meeting is to find a resolution, not to blame or assign fault. Harold explains that he requested to hire interns directly because he thought it would be more efficient and that he was concerned that the Human Resources department was too slow in processing the paperwork. Brenda explains that there is a policy in place that requires all intern hiring to go through Human Resources before the intern is hired. She explains that the policy is in place to ensure that all new employees are properly vetted and that appropriate background checks are completed. She also explains that the policy is designed to ensure fairness and equality in the hiring process.
You thank them both for their explanation and reiterate that your goal is to find a resolution and that this is a collaborative process. You explain that both of their points of view are valid and that it is possible to find a solution that is satisfactory to both of them. Step 2: Help the Parties Communicate You start by asking each of them to explain what they would like to see happen in regard to the intern hiring process. Brenda explains that she would like to see the policy followed and that the interns should be hired through Human Resources. Harold explains that he would like to be able to hire interns directly, but understands that it should be done in a way that follows the policy. You then ask them to explain to each other why they believe their suggestion is the best solution. Brenda explains that she is concerned about the fact that the Engineering Department has been hiring interns without going through Human Resources. She is concerned that the two students hired are white males, sons of friends of Joe Barnes, and that this could have an adverse effect on their Equal Employment Opportunity status. She also expresses her concern that the two students are not in line with the general orientation and development work that other interns usually undertake before they are assigned to their respective projects. When Brenda is finished, Sam then turns to Harold and asks him to explain his perspective. Harold explains that he understands that the hiring of the two students may have caused some trouble for the Human Resources Department. He agrees that the students should have gone through the proper channels, but since they are already in the department and appear to be working out well, he believes that it is too late to take any corrective action. He also believes that Human Resources does not consult well enough with the host departments when making
placement decisions, and this is why he chose to bypass the Human Resources Department when hiring the two students. Brenda explains that the policy ensures that the hiring process is fair and that all applicants are given the same chance. Harold explains that hiring interns directly is more efficient and would save time. You thank them for explaining their points of view and then ask them to brainstorm possible solutions that could satisfy both of their needs. Brenda suggests that interns could be hired through Human Resources, but that the process could be expedited so that it is faster and more efficient. Harold suggests that the Engineering Department could be given more autonomy to hire interns directly, as long as they follow the policy. You thank them for their suggestions and ask them to discuss how they could implement the solutions they have suggested. Step 3: Help the Parties Negotiate You then begin to facilitate negotiation between the parties. You encourage them to brainstorm solutions together and to consider different scenarios that could satisfy both parties. You suggest that the parties consider the following possible scenarios: 1. The Engineering Department hires the students through the Human Resources Department, following the proper procedures. 2. The Engineering Department retains the students, but with an additional orientation and development program to ensure that they are up to date with the other interns. 3. The Engineering Department hires the students, but with additional monitoring by Human Resources to ensure that they are being treated fairly.
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