Dispute Resolution Process Confusion (1 Viewer)

[Chic07]

i have been compiling notes from a number of different resources and in each resource, the order of the dispute resolution seems to be different than another like in one book it says mediation is before conciliation, in another conciliation comes before mediation but mediation comes after arbitration, etc...can somebody please clear this up for me?

 

[$hiftyIceQueen]

http://community.boredofstudies.org/2589153/post-5.html

 

[asha989]

It goes
1.negotiation
2. Mediation
3. Conciliation
4. Arbitration

 

[hopeles5ly]

1.Negoitation: Workers will meet with management to discuss the issue or the terms of the dispute. Hence, both worker and management will mutually try to resolve a dispute. If the workplace is unionized, the shop steward may be involved. If this negotiation fail, collective bargaining can occur, in which unions of both sides will be involved. Both unions usually represent their members and hence lead the negotiation, suggesting solutions to resolve the dispute

2.Mediation will be used, if both parties fail to reach an agreement through negotiation. It is the process, where a neutral third party who is not acting on state or federal legislation such as a representative from a business agency, will assist both parties to come to an agreement in which is acceptable to all. They are popular, as they reduce the risk of dispute escalating and leading to expensive legal costs or industrial action.

3.Conciliation: If mediation fails, the business can inform a industrial tribunal such as the AIRC to hear both sides of the dispute. A conciliation commissioner will be appointed and attempts to have both sides reach an agreement that is not legally binding that they are satisfied with.

4.Arbitration: If conciliation fails, arbitration is the next formal stage. Hence, the dispute will be resolved in court, in which a judge will hear both arguments of both parties, based on evidence they present for their claim. The judge will then come to a decision and express it in an award or an order, which is legally binding.

 

[Won Hyo Mi]

once again...thank you for the brief summmary...some book just wouldn't make it that simple...whilst notes makes it too simple...

 

[h1958buglid]

1.Negoitation: Workers will meet with management to discuss the issue or the terms of the dispute. Hence, both worker and management will mutually try to resolve a dispute. If the workplace is unionized, the shop steward may be involved. If this negotiation fail, collective bargaining can occur, in which unions of both sides will be involved. Both unions usually represent their members and hence lead the negotiation, suggesting solutions to resolve the dispute

2.Mediation will be used, if both parties fail to reach an agreement through negotiation. It is the process, where a neutral third party who is not acting on state or federal legislation such as a representative from a business agency, will assist both parties to come to an agreement in which is acceptable to all. They are popular, as they reduce the risk of dispute escalating and leading to expensive legal costs or industrial action.

3.Conciliation: If mediation fails, the business can inform a industrial tribunal such as the AIRC to hear both sides of the dispute. A conciliation commissioner will be appointed and attempts to have both sides reach an agreement that is not legally binding that they are satisfied with.

4.Arbitration: If conciliation fails, arbitration is the next formal stage. Hence, the dispute will be resolved in court, in which a judge will hear both arguments of both parties, based on evidence they present for their claim. The judge will then come to a decision and express it in an award or an order, which is legally binding.

FINALLY I UNDERSTAND IT

 

[KyleChief]

Yeh Concilliation is basically just forced mediation by a governmental third-party rather than a random

 

[seano77]

The conciliator controls and directs discussion between the parties, usually meeting with them separately, whilst in mediation the mediator assists in the parties reaching an agreement by encouraging discussion in certain directions (towards an agreement) and concessions.