Third Party Conflict Resolution – Sick Leave Essay

Should any member refuse to participate in the mediation that member’s action results in a lost position, and the dispute is then resolved. Mediation should not exceed one day. The team leader through directives from the instructor will facilitate the mediation in an attempt to resolve the dispute. Throughout the mediation each team member will be able to state their position and provide any supporting information on their behalf. After each team member has presented their supporting information in regards to the dispute, the instructor will rule on the dispute with the team leader serving as facilitator and witness. The instructor’s ruling is final and shall result in resolution of the dispute.

Conflict is a fundamental part of life. In healthcare systems, where it is imperative to work in interdisciplinary teams in order to deliver quality patient care, it is inherent there will be conflict. Different members of an interdisciplinary team will bring various sets of morals, ideals and opinions, which ultimately will result in the overall team having a hard time working together. A lack of proper leadership, stress among team members and interpersonal relationships all contribute to issues within integrative healthcare teams. When not effectively resolved, conflict within healthcare teams has been linked to adverse consequences: issues among team members affect the quality of care delivered to patients. Positive conflict management is essential to building a cohesive care environment in which patients can thrive.

With Kelly, the tangible factor is the fact that she became ill and appropriately notified her supervisor, then expected and wanted to use sick time, as employee regulations clearly outline. This falls within her norm as she learned in the U.S./Canadian as she received her management degree from the Canadian University.

“A mediator is a third party who assists interested parties in negotiating a conflict. A mediator controls the mediation process but does not have authority to decide the outcome for the parties” (Barsky, 2007). A mediator, in a given situation, helps to dissolve the conflict and looks to the best interest

Fells (2016, p. 211) wrote “ just as a doctor works to bring a person back to health, so too a mediator works to bring a deadlocked negotiation back to a situation where the parties can reach agreement”. This essay discusses this statement with reference to contemporary research on dispute resolution. In order to comprehend how this is achieved, we must consider the essence of mediation, the different types of mediation and what mediators do. Negotiation and mediation are process used to resolve opposing preferences between parties. Negotiation is defined in Fells (2016, p. 3) as “a process by which two parties with differences that they need to resolve try to reach agreement through

Collaborating is another technique used to resolve conflict .Managers pair up with each other to achieve both of their goals in this style. This is how managers break free of the win-lose paradigm and seek the win –win. This can be effective for complex scenarios where managers need to find a novel

A new director decides to reorganize the department you work in. This reorganization comes about without input from the employees and many of the nurses that you oversee are feeling resentful of the change. As a nurse leader, identify factors that may lead to conflict and ways you can manage them.

This can be reached when management remains focused primarily on control, order and staying in compliance. This is a part of the role of management that takes 20 percent averaging about seven hours in a work week. Although, managing employee’s disputes may part of the job it can interfere with the business operations of the manager which can also get in the way of management performing their duties, in turn could cause the organization to lose valuable time that is not a business related matter.

Beyond negotiation and mediation, there are a number of approaches that decrease the personal control the people involved have over the dispute outcome, increase the involvement of external decision makers, and rely increasingly on win-lose and either-or decision-making techniques. These approaches can be divided into public and private, and legal and extralegal.

Nevertheless, certain categories of ADR have been named and understood to involve the use of particular means and methods to produce the desired end result. These procedures include: negotiation, mediation, arbitration, med-arb, early neutral evaluation, settlement conference and conciliation to name a few. However this essay will concentrate on mediation as a form of alternative dispute resolution.

This paper will describe the problem that Kelly experienced with her new job with the sick leave policy. We will discuss if Kelly should call CLAIR, or discuss this further with Mr. Higashi? What is this main dispute about for Kelly? For Mr. Higashi? In these types of conflicts is a compromise possible? What are the tangible factors in this situation? What are the intangible factors in the negotiation Is saving face more important to Kelly or Mr. Higashi? Why? Which are more important, the tangible or intangible factors? Is this true for both Kelly and Mr. Higashi?

2.What is resource control and how is this type of control effectively employed by a negotiator in negotiations?

During the confrontation, the cause of the conflict must be determined. After the confrontation, the manager needs to reflect on the discussion and reach an objective solution for both parties to agree upon. There will be times when the parties will not agree: in this case, use your own judgment.

This paper will cover the difference in the negotiation process and the mediation process and explore some of the barriers that hinder the processes. There is a distinct difference between the negotiation process and the mediation process. Negotiation as defined in Essentials of Negotiation is a process by which two or more parties attempt to resolve their opposing interests (Lewicki, Saunders, and Barry, ) The Negotiation process happens when individuals disagree about a situation and there’s no mutual solution that can be attain by the two parties. The disagreement leads to a conflict which involves misinterpretation, miscommunication and hurt feelings. Because the parties cannot reach a mutual agreement on how to resolve their

 "Effective conflict resolution requires dealing constructively with disagreements rather than pushing them under the rug, letting them break into open warfare, or attempting to eliminate them completely.  Successful resolution of a conflict may include the following: accurate diagnosis of the nature and source of the conflict, a clear understanding of how each party is contributing to the conflict, skills and processes for defining alternatives, constructively negotiating outcomes, and creatively developing win-win resolutions" (Hagberg Consulting Group, 1).