Conflict Management and Dispute Resolution - 3329 Words

Conflict management and dispute resolution coursework Instruction Conflict and dispute are normal phenomenon in society and human relationships. When using different resolution techniques, conflicting parties could get both constructive and destructive outcomes. Good decisions from negotiation can bring a win-win prospect to interested parties. This essay firstly proves the inevitability of conflict and dispute on commercial projects, reviewing some basic definitions and theories. Then, some useful and effective dispute resolution techniques in standard forms of commercial projects are discussed and compared. Lastly, four methods and the potential use of principled negotiation is evaluated for Chinese construction industry in†¦show more content†¦Pinkley Northcraft (1994) emphasized that it is important to get a win-win result between parties in conflict management, maximizing benefits for every party. It is true that positive conflict promotes understanding and leads to successful goals. Based on the outcomes, conflict is usually divided into two types: functional conflict and dysfunctional conflict (Balabanis, 1998). 2.2.1 Functional conflict Functional or constructive conflict is described as a process which can facilitate the attainment of the group s goals and to improve performance(Mckenna, 2006). It is helpful for individuals or groups to create innovative thoughts and approaches to solve problems, and to performance better in the long run. Perlow (2003) also argues that constructive decisions will be finally made by reasonable people even they hold different opinions in uncertain conditions. This means functional conflict focuses on finding a resolution to the problem. One premise of the functional conflict is that people involved in the negotiation should be willing to listen to one another and be interested in getting a solution that suits both sides. With this premise, conflict can provide an important opportunity for growth. If the people is paranoid and selfish who only considers his own profit or interest but cannot tolerant different opinions from one anther, there won t be any chances for the success of the negotiation between both parties. Destructive consequences willShow MoreRelatedAuditors And The International Financial Reporting Standards1703 Words   |  7 PagesFinancial Reporting Standards (IFRS). Disputes concerning convergence issues and compliance may arise between companies and the auditors. In the case of dispute, the companies and the auditor should consider alternative dispute resolving mechanisms which are faster, less expensive and less adversarial than traditional litigation. Reason for Conflict: Audited financial statements may be a source of dispute between the auditor and management. The process of audit resolution would entail negotiating themRead MoreHistory Of Adr And Conflict Management Essay1462 Words   |  6 Pagesreview of the literature discusses the history of ADR and conflict management. Additionally, this section discusses the four principal ADR processes Mediation, Arbitration, Negotiation and Conciliation as part of the conflict resolution mechanisms. The theoretical framework and guiding theories were explored. Finally, this chapter analyses the legislative framework in both at National and International arena. 2.1.1 Alternative Dispute Resolution ADR is a generic term that refers to a wide array of practicesRead MoreMediation, Conciliation and Arbitration in Conflict Management1405 Words   |  6 PagesCONCILIATION AND ARBITRATION IN CONFLICT MANAGEMENT Outline a. Introduction b. Definitions of conflict c. Conflict management d. Negotiation, Mediation, Conciliation and Arbitration as in Conflict Management e. Recommendation f. Summary/Conclusion Introduction Conflict is a natural phenomenon in every human societal living. It exits whenever people or groups disagree over which goals or values to pursue and the method and timing to be adopted in that regard. Since conflict is inevitable, it must be properlyRead MoreDispute Resolution Innovations1082 Words   |  5 PagesDispute Resolution Innovations Introduction This paper will discuss innovative alternative dispute resolutions and how they may be used in a controversial conflict scenario. The writer will discuss these methods using an actual conflict scenario, describing how individuals involved in the conflict will benefit from these innovative methods rather than costly courtroom litigation. Alternative dispute resolutions are clearly the most beneficial conflict solution regardless of gender, cultural influenceRead MoreDispute Resolution Processes Essay1240 Words   |  5 PagesDispute Resolution Processes Wherever there is a human-interaction, conflict is virtually unpreventable. For-instance, some conflict may well erupt a dispute in any structure of relationships, and other perhaps resulting in extremely compound international confrontation and hostility. It isnt that they cant see the solution. It is that they cant see the problem (G. K. Chesterton). Consequently, dispute resolution processes have been developed to manage and intervene in these types ofRead MoreConflict Resolution and the Australian Contract Law1526 Words   |  6 PagesConflict Resolution and Australian Contract Law Introduction: Australian contract law is based on Common Law as originated from the British tradition. However, as noted by Australian Government (2012), said law is currently under review and subject to evolution in the near future. This will be some relevance to the discussion hereafter, which considers the implications of a contract between the parties of JG (the represented) and ITMS (the representation) and further consider the implicationsRead MoreGender and Culture Conflicts at Work858 Words   |  3 Pagesï » ¿Gender and Culture Conflicts @Work There are a number of conflicts at my workplace. One of which that is related to gender is the differences in conflict management and conflict interaction with respect to gender. I noticed differences in how women react to and engage in conflict as compared with men. While differences are good in some cases, these differences, particularly with respect to conflict (in general) can exacerbate the conflict or redirect it such that the conflict does not get resolvedRead MoreRoles Of Actors Should Be Considered Effective For A Number Of Reasons Essay918 Words   |  4 Pageswould like to do with their interests. Claims and disputes based on interests are usually easier to negotiate and are also less likely to become intractable. When the interest negotiations do not work, different parties in the dispute, i.e. the workers and management should consider using rights-based approaches such as mediation, and arbitration. Furthermore, the power-based approaches such as strikes should only b e resolved for the few conflicts that cannot be resolved through either the rights-basedRead MoreA Brief Note On Alternative Dispute Resolution And Other Forms Of Helping Professions1462 Words   |  6 PagesAlternative Dispute Resolution Conflict resolution is used in various aspects of counseling and other forms of helping professions. It is vital that conflicts between opposing parties are managed in order for progress to be achieved. By maintaining a controlled environment during the negotiation process, the two parties will often be able to come to a resolution of their differences. Sometimes it can be difficult for two parties to work together without the help of a third party to assist in theRead MoreBUS610 Week 3 Assignment Essay1695 Words   |  7 Pagesï » ¿ Conflict Identification and Resolution Mia A. Rapier BUS 610: Organizational Behavior Dr. Anthony Trotta September 28, 2014 Conflict is part of our human disposition; consequently, it is customary within organizations. â€Å"Left unanalyzed and unchecked, it can be a destructive force that consumes time, money and human resources. Learning the various ways that people resolve conflict and expanding their conflict resolution styles can lead to better results† (Sadri, 2012). Within organizations