Question: From the post below recommend appropriate risk-minimizing strategies for the conflict negotiations. Your responses should be based on your initial post and your analysis of

From the post below recommend appropriate risk-minimizing strategies for the conflict negotiations. Your responses should be based on your initial post and your analysis of potential means of dispute resolution and legal ramifications.

Negotiation is a direct method of conflict resolution where two parties work towards a mutually acceptable agreement without a third party's assistance (Aligned, 2023). The advantages of this less formal method include flexibility for the involved parties. There is no required process parties must follow to come to an agreement (Educaloi, n.d.). Negotiation is also cost-effective since there is no need to involve a third party. The risk with negotiation is the possibility that both parties will not come to an agreement. Negotiation is a skill that can be developed, and to work successfully, both parties need to be open to listening to the other party's perspective. Negotiation is successful when both parties have determined their objectives and have multiple proposed solutions to bring to the table. Negotiation is an informal process that is very common in business transactions such as sales transactions or vendor relations.

Mediation is also informal and facilitated by a neutral third party who helps guide both parties toward discovering a mutually acceptable solution. Mediations are not necessarily legally binding, and the mediator does not make the final decision (Aligned, 2023). The benefits of mediation include confidentiality and flexibility. Mediators can adapt to the needs of the case, and it is a confidential process where both parties can speak freely. Mediators do not decide who is right or wrong, but instead, they help both parties communicate with each other. Risks or limitations include limited enforcement of the agreement in comparison to arbitration (Aligned, 2023). HR representatives may find themselves acting as mediators in manager-employee disagreements by helping parties communicate, find common ground, and discover solutions.

Arbitration is a more formal conflict resolution method that is facilitated by a third party and is typically binding, meaning parties must abide by the arbitrator's final decision (Aligned, 2023). This is a formal process people can choose as an alternative to a court trial and, if chosen, parties typically lose the right to go to court to resolve the same dispute (Educaloi, n.d.). Advantages or benefits of this method include being quicker than going through the court system, and an expert in the field usually facilitates it. Primary risks include the high cost of the process and the possibility of limited discovery of information in comparison to a court trial (Aligned, 2023). There is also a finality to arbitration and neither party have the ability to appeal the decision. Many employers require employees to waive their right to sue and, instead, accept an arbitration clause to resolve disputes such as discrimination claims (Ocampo, 2024).

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