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Running Head: CONFLICT, NEGOTIATION, AND ACCOUNTABILITY 1

CONFLICT, NEGOTIATION AND ACCOUNTABILITY 8

Reflection

12.6.2021

In the current world that we live in, conflict is not a peculiar thing for many individuals. People encounter and experience conflict in their daily lives with different parties such as their allies, families, and especially in their occupational lives. The emergence of conflicts in the place of work can cause a greater level of frustration, pain, discomfort, sadness, and even anger among the employees and employers. Indeed, conflicts are unavoidable in every individual’s life, and whenever they occur, the notion is not to inhibit them but instead to solve and control them in an appropriate manner. When individuals use the correct tools of resolution to deal with problems, they are able to keep their variances from intensifying to major issues. For instance, the establishment of a conflict management process in an organization is very important because it assists to reduce cases of conflicts among the workers.

Ways of Resolving Conflicts

It is always evident that the most ancient method of solving conflicts is the dispute resolution process of using the civil justice system, commonly known as litigation. However, besides litigation, there are several techniques that may be applied to solve conflicts, like negotiation, mediation, and arbitration.

Mediation

Mediation is a deliberate method in which an unbiased individual assists with communication and stimulates reconciliation amongst the individuals, which lets them attain an equally acceptable settlement. This method is used in most instances where negotiation proves to be unsuccessful. Mediation comprises several characteristics such as might result in a win-win solution, allowing a person to make mutually acceptable agreements designed to meet their wants and allowing an individual to evade uncertainty, time, cost, and the stress of going to trial. Mediation can also reduce hostility and preserve ongoing relationships, and it is private and trusted since it evades public disclosure of individual or business issues, it is controlled, informal, and flexible, provides a basis for an individual to resolve disputes on their own and to promote communication and cooperation (Bollen, Euwema, & Munduate, 2016).
During mediation, the mediator controls the procedure and assists in facilitating negotiation amongst the parties. Mediators do not make a decision or force an agreement. The individuals are able to take part directly and are accountable for negotiating their own agreement. At the start of mediation, the mediator usually describes the process, and the guidelines and the parties involved in the conflict have a chance to expound their opinion of the conflict. Mediation assists every party to comprehend the other party’s views better. At times, the mediator might meet with each side separately, which can greatly help to deal with emotional and realistic problems and provide time for acquiring lawful advice from their attorney.

Arbitration

Arbitration is another form of resolving conflicts, and it refers to the presentation of a disputed issue to an unbiased individual, an arbitrator. This process consists of various characteristics such as an arbitrator’s award being enforced in a court, a decision being made by the arbitrator which can solve the conflict and be ending, and it might have the right to select an arbitrator with specified proficiency. Other characteristics of arbitration include every person having a chance to submit facts and make arguments, it is normally faster and less expensive than going to court, based on the appropriate regulations of arbitration, it might be less official and structured than going to court, it is private and it can be used voluntarily. During the arbitration process, the arbitrator manages the process by listening to both parties and then makes a decision (Horton, 2018). Similar to any trial, only one party will party, and the appeal rights are normally limited.
In case it is in an official environment, an arbitrator will carry out a hearing where all the individuals will submit their evidence through testimony, exhibits, and documents. The sides might agree in some cases to build their own procedure, or a managing company can offer processes. If the parties had earlier agreed to be assured by the decision, this would make the decision of the arbitrator binding hence making it hard for one to appeal for the decision of the arbitrator. The award of the arbitrator may be decreased to a judgment in a court hence making it enforceable. In non-binding arbitration, an alternative might become final if all the individuals accept it, or it might serve to assist an individual in assessing the case and being a beginning point for agreement talks.

Litigation

Litigation involves the use of courts and the civil justice system to solve legitimate issues. This method of solving conflicts may be used to compel the opposing party to participate in the decision. The litigation consists of various characteristics such as the losing party paying costs, there is the right of appeal, the decision can be final and binding, and the decision is centered on the law. “Other characteristics include public court proceedings and records being open, every party has the opportunity to present its evidence and argument and cross-examine the other party, there are formal and structured rules of evidence and procedure, and it is involuntary since a defendant must take part in the litigation process” (Rubinstein, 2016). The litigation process normally starts by filing a lawsuit in court. It is then followed by a presentation of particular regulations of procedure, discovery, and evidence. The attorney for the other party might need to take an individual’s disposition to understand more about the evidence and their place in the conflict. A trial usually involves a formal judicial proceeding that allows complete evaluation and resolving of the problems among the individuals, with every party submitting its case to either a judge or jury. A decision is made by using the evidence of the case to the appropriate law, and that decision can close the litigation process and be enforceable.

Negotiation

Negotiation is the most common method of solving conflicts, and it involves regular communication amongst the individuals of the conflict with the objective of trying to come up with a resolution. Negotiation has certain characteristics such as resulting in a win-win solution, negotiated agreements can be enforceable, and parties control the process, make their own decisions, and reach their own settlements. Additionally, negotiations might be informal and unstructured, quick and inexpensive, private and confidential, and voluntary. Based on the point of view and leadership forms of every negotiating party, there are two possible types of negotiation, including integrative negotiation and distributive negotiation. In integrative negotiation, parties do not believe in a fixed pie but rather assert that both parties can develop mutual gains by providing tradeoffs and reframing the issue so that every person can walk away with a win-win resolution. Distributive negotiation entails when all parties take an extreme position, and one party’s win is assumed to be the other party’s loss.

Negotiation Process

Although there are several approaches that are utilized in negotiation, there are the common steps that are most effective in achieving a successful outcome. These steps include preparing, exchanging information, clarification, bargaining, and problem solving, and concluding and implementation. The preparation stage is very important in a negotiating process, and for one to prepare effectively, they have to study both sides of the discussion, determine any potential tradeoffs and identify their most wanted and least wanted probable results. One then makes a list of the concerns they are ready to put on the negotiating table, comprehend who in the group has the decision-making authority, knows the connection they want to maintain or build with the other individual and prepares their best alternative to a negotiated agreement.
In the stage of exchanging data, this is the part of negotiation where all sides exchange their previous points. “Every party must be allowed to offer their essential interests and issues without any interruption; including what they aim to receive at the end of the negotiation and the reason they feel the way they do” (Jesong, 2016). In clarification, both parties keep on with the argument that they start when exchanging data by justifying and strengthening their claims. In case one party differs with something the other party is saying, they must discuss that difference in peaceful terms to reach a point of understanding. The stage of negotiating and problem solving involves both parties starting to give and take their opinions. After the initial offer, every discussing party should suggest various counter offers for the issue. The stage of conclusion and implementation involves both parties thanking each other for the discussion once an acceptable resolution has been accepted.

Accountability

Accountability may refer to various things, but it is commonly defined as an assurance that a person will be assessed of their performance or behavior associated with something for which they are responsible. Accountability presents several benefits to an individual, such as commitment, clarity, creativity, competence, and attaining goals. Accountability usually increases an individual’s dedication to complete their goal. It helps one to grow in self-control because they know that they will have to answer for their decisions and actions hence improving one’s mastery of the knowledge and skills that are required to achieve their wanted result (Shin, & Park, 2019). With accountability, one is able to review their plans effectively, which helps to do away with excuses and distractions in to concentrate on what one must do to achieve those goals.

References
Bollen, K., Euwema, M., & Munduate, L. (Eds.). (2016). Advancing workplace mediation through the integration of theory and practice. London: Springer International Publishing.
Horton, D. (2018). Arbitration About Arbitration. Stan. L. Rev., 70, 363.
Jeong, H. W. (2016). International negotiation: process and strategies. Cambridge University Press.
Rubinstein, L. (2016). Litigation and cooperation.
Shin, D., & Park, Y. J. (2019). Role of fairness, accountability, and transparency in algorithmic affordance. Computers in Human Behavior, 98, 277-284.