Workplace, Mediation, Conciliation And Arbitration

Grievance Arbitration can cause companies to have significant issues in management to employee relationship, as well as, employee morale as a whole. Reliable Insurance Company and GoodValue Supermarkets have found this to be true. Employee grievance claims stem from the interpretation of the collective agreements and legislation that has been not met or does not follow these laws. Similarities appear in both cases as they have employees believing that collective bargaining has been misused or misinterpreted and the Saskatchewan legislation that protects the employees’ rights perceived to be broken. Looking at both of these claims, we will see if the employees have a legitimate beef with the employer, or if the interpretation of the rules makes

There has always been a need for conflict resolution on the job. The grievance and arbitration process is one way for employees to be heard when conflict on the job arises. The grievance and arbitration process is also a way for employees to obtain some type of satisfaction at the end of the grievance process. Having representation by the union often guarantees an employee a fair, just, and timely grievance process. However, not all employees feel that way when they are not a represented the union. The grievance process can mean different things to each individual employee and usually no two complaints are normally about the same type of issue.

Employees generally seek union representation because they feel their workplace rights from their employer are not being met, or that they have an unfair disadvantage in regards to any needs or workplace desires. They turn to unions to help bridge the gap and ease the power differential that exists between employers and their employees. In order for a group of employees to obtain representation, they must undergo an election process to choose their union or decide if they, as a unit, want a union at all. Here, we will discuss the history of and changes to the manner in which employee votes have been counted to determine an outcome in these elections.

The legal system plays a vital part in balancing the rights and responsibilities of employers and employees. The extents to which these rights and responsibilities are adequately balanced by the law are lacking in certain areas and as a result non-legal avenues of maintaining this equilibrium are pursued. The legal system attempts to provide sufficient guidance for workplace related issues in the reform brought about by the 2009 Fair Work Act (Cth) and the regulations it has implemented. However, whilst issues such as discrimination, safety, leave and Termination of employment highlight the significant deficiencies of the legal system, they also serve as evidence of the substantial effort of the law in providing justice for employees and employers. The legal system makes is vital to ensuring a safe and just environment in the workplace however further

Dispute always happen when several parties are not able to agree on a common ground. Thus, there are several ways in resolving the dispute such as negotiation, mediation, arbitration or adjudication. The comparison on the procedure of dispute settlement was done under NEC and PSSCOC.

Negotiation is one of the most common approaches used to make decisions and manage disputes. It is also the major building block for many other alternative dispute resolution procedures. According to Christopher W (2012), negotiation is the principal way that people redefine an old relationship that is not working to their satisfaction or establish a new relationship where none existed before. Because negotiation is such a common problem-solving process, it is in everyone 's interest to become familiar with negotiating dynamics and skills. This section is designed to identify what worked well and not well in the negotiation. In addition, to present strategies that generally makes the negotiation more efficient and improvement in the next

Throughout the last century the process for settling labor-management disputes peacefully is known as collective bargaining, and was given statutory legitimacy in 1935 with the adoption of the National Labor Relations Act (NLRA) (Boniface & Rashmi, 2013, Barrett, Cutcher-Gershenfeld, Kochan, Ferguson, 2007, Cutcher-Gershenfeld & Kochan, 2004, Cutcher-Gershenfeld & McKersie, 2009, Post, 2009). The NLRA gave legal authority for employees to organize and join a union for the purposes of collectively bargaining with their employer. Collective bargaining is typically when one party (labor) will negotiate with the other party (management) to address working conditions, wages, and hours. However, negotiations will almost always address topics

Whether it is at work, church or in our private relationships, negotiations are a necessary tool for reaching an agreement. They are made by discussing each parties point of view with the aim being to reach an agreement that is mutually beneficial. For the most part, negotiation is the process by which those people involved successfully adopt or abandon their respective position through the use of positional bargaining. There are different types of approaches for the negotiation process - some hard and others soft in their manner of approach. The desired outcome of

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.

Alternative Dispute Resolution refers to any method other than litigation to settle disagreements. The most common are negotiation, mediation, conciliation, arbitration, and tribunals. Others include ombudsman and early neutral evaluation. The most informal way of settling disputes is negotiation between the parties themselves; with or without lawyers. The other 3 ADR methods include the use of an independent third party to settle their disputes. In arbitration and mediation, the decision made by the third party is usually legally binding, especially in arbitration and can be enforced by the courts. In

The process of Alternative Dispute Resolution (ADR) is a relatively new phenomena which has infiltrated contemporary next generation human resource management. As the use of ADR methods grew, proponents viewed them as promising mechanism’s for an abundance of scenarios. Conflict has and always will be an inherent part of the workplace (Colvin 2003). It is for this reason alternative conflict resolution has amassed development, especially considering the cost of rigid normative procedures, with Gibbons (2007, p 7) estimating that employment conflict in the UK costing an estimated £410 million annually. Conflict is generated when one party perceives that another party has negatively influenced something the first party cares about (Huczynski and Buchanan 2007, p764). It is in this context that conflict resolution processes ought to address both the actions and perceptions of both parties in the dispute in order to garner more successful results (Willmott 1993). Therefore, in order to achieve this practically a significant shift was required from regular grievance strategies toward a more flexible and pragmatic system which promotes a positive outcome for both parties (Gibbons 2007, p 7). All forms of ADR will involve a third party with the role of the third party contingent on the type of ADR applied .The type of ADR used shall be dictated by the type of dispute, what stage it is at and ultimately the type of resolution being sought. It is against this backdrop that this

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

     The five steps used to complete a conflict resolution are diagnosis, goal setting, negotiation, future strategies, and follow-up.  During the diagnosis and goal setting stages, we would establish the nature, source, and scope of the conflict to better aid us in finding and setting a goal.  During negotiation and future strategy stages, we would enhance individual skills, facilitate meetings, and ensure constructive resolution is reached and then, help the students establish new model and behaviors for resolving future conflicts.  Finally, the

Disputes are arising everywhere around us, whether in the public sector or in our families. To deal with all of them with competency the mediation practice is divided into different fields of activity and outlining them is crucial. Most mediation providers are practicing the main fields of mediation such as Civil and Commercial Mediation, covering the full range of civil and commercial disputes, Divorce and Other Family Mediation, where usually are discussed breakdowns of spouses, Workplace and Employment Dispute Resolution, which deals with all kinds of workplace disputes, such as discrimination, sexual harassment and unfair dismissal, and others fields.

To provide for the settlement of industrial disputes through a three tier system of Labour Courts, Industrial Tribunals and National Tribunals;