MANA 343 Chapter Notes - Chapter 14: Alternative Dispute Resolution
31 Jan 2017
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Alternative dispute resolution: faster & cheaper than legal system, solutions more beneficial than no agreement or court-imposed. Negotiation; mediation (outcome control); arbitration (no outcome control) Emotions are in the way to find solutions. Unable to correct poor communication without help. Unable to get other party to the table. No direct outcome control, but can influence by facilitating communication & problem solving => shaping the process. Orchestrators (empower negotiators to make their own decisions; develop negotiators" relationship) Dealmakers (more directive; determine who talks & when, voice opinions, decide if meet alone/together) Meditation is best when the conflict is moderately intense, parties are receptive & motivated to settle, parties are relatively equal in power, the problem is more about terms for a new contract/policy vs. interpreting existing one. Mediators help negotiators save face, enhance relationship, remove obstacles, Identify issues to be addressed: determine the cause & consequences, formulate plausible solutions.
