The Rights Based Dispute Resolution

1478 Words6 Pages
The issue in need of mediation involves a young federal government employee named Edith and a senior member of her department named Tom. An unwanted sexual advance outside the office towards Edith left Tom endlessly apologetic towards her. After the incessant apologizing left Edith irritated and uncomfortable with Tom, she transferred to a different department. Now unhappy with her new position, Edith has chosen to bring her issue to her departments conflict resolution unit. Hoping to solve the issue once and for all and get back to a position she enjoys, Edith now presents her problem to a mediator who will determine a proper course of action.
Solving conflicts from a rights-based perspective involves a highly formal process. The case is
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A more reasonable suggestion would be to use another dispute resolution method that is administered by the company itself.
Another perspective to consider is a power-based dispute resolution method. Power-based resolution involves an action one party takes without the knowledge of the opposing party in order to achieve a desired outcome (35). Through this perspective, issues are decided by an authoritative command (36). This authoritative command has authority over both parties and makes a definite decision in favor of one party (36). Power-based methods may also involve a majority vote (37). A majority vote is usually used for policy disputes and provides a just, fair and efficient method for resolving an issue (37).
If Edith and Tom’s workplace were to resolve their issue using a power-based dispute method, an immediate superior of both parties would be chosen to decide in favor of one employee. This method would prove to be unfair as the superior may side with the person he knows or likes more, rather than look at the situation from an unbiased perspective. Edith may argue that because Tom is a senior member of the group, the superior would more likely than not decide in his favor. If the workplace chose to dispute the issue using the majority vote method, Edith’s desire to have the issue disputed confidentially would not be realized. Having the details of an issue this personal spread among a workplace could have a
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