Dispute Management Resolution System
Executives in the new millennium are facing an ever-increasing number of organizational disputes in the form of customer complaints, employee grievances, charges of discrimination, contractual disagreements, law suits and unhealthy competition within and between work groups.
Organizations are inclined to handle these conflicts on an ad hoc basis or to use approaches which may escalate the situation. A constructive approach to managing organizational conflicts provides an integrative and comprehensive way to minimize conflict and resolve disputes when they arise.
Executives and managers who are seeking better ways of handling internal and external corporate and governmental conflicts may need to look at the following:
- Analysing sources of disputes, evaluating the nature and effectiveness of current procedures and involving key people in the organization in assessing the need for change.
- Developing an individually appropriate system step-by-step with organization members.
- Examining various dispute management procedures including mediation, advisory mediation and arbitration for their implementation.
- Modifying – i.e. matching the appropriate dispute management procedure to the problem; managing and evaluating the results and making appropriate adjustments.
- Overcoming organizational resistance to change by working with difficult people, building supportand handling “political” problems in advance.
- Sensitizing their companies internally and externally to new approaches.
Mediation in Jamaica
THE DISPUTE RESOLUTION FOUNDATION was incorporated July 1994 to increase cooperation in the management and resolution of disputes involving business, the police, courts, social service agencies and the people, through the controlled process of mediation, under the Chairmanship of Mr. Novar McDonald.
In mediation a trained unbiased person guides the disputants to a resolution of their dispute. There is respect for the rationalityand responsibility of the persons involved and experience teaches that people live up to our expectations of them and their own decisions.
The DRF has a panel of skilled mediators and trainers to resolve disputes, train mediators, and develop business, court-annexed, police and community dispute resolution, and arbitration programmes – appropriate options for dispute resolution, under the patronage of the Chief Justice of Jamaica.
February 1995 to the present has seen over 80,000 persons being recipients of training or service, in Jamaica, Belize, Haiti, Trinidad & Tobago, The Bahamas, Guyana, Barbados and the OECS states. Participants included teachers, students, lay magistrates, police officers, community leaders, inmates, correctional service officers, judges, attorneys, corporate executives, managers, line staff and young people.
Peace & Justice Centres have been established in Kingston & St. Andrew, St. Mary, Manchester, Hanover, St. Catherine, St. Ann,Portland, Trelawny and Clarendon with four locations in St. James. Trained mediators are in St. Thomas, Westmoreland and St. Elizabeth. These centres and mediators will offer mediation services and support the work of the police, courts, CBOs and schools in reducing crime and violence in Jamaica.
Public awareness of mediation has greatly increased as political parties, the correctional services, social development groups and the business communities have begun to use our services to improve the workplace climate.
The DRF was set up by a USAID grant under the Security & Justice Improvement Project which ended in 1996. From May June 2000 to August 2005 the DRF, as a significant partner implemented the Social Conflict and Legal Reform Project (SCLRP) of CIDA and the Government of Jamaica. This project included training of mediators and establishing of Peace & Justice Centres in Trench Town and Flankers in Montego Bay. In addition, new Civil Procedure Rules, Part 74, instituting automatic referral to Mediation in the Civil Division of the Supreme Court came into being in January 2006.
The DRF continues to work throughout Jamaica and the Caribbean, promoting Mediation programmes, as well as interventions in communities, schools and incidence of domestic violence. Continued sustainability and institutional growth and strengthening will require a combination of corporate and international grants and donations as well as fees for service.
The Mediation Model
1. INTRODUCTION
This is the first formal contact between the parties and the mediator. The mediator should identify the parties, define mediation, explain the mediation process and establish ground rules. Because first impressions are important, the mediator should pay special attention to this stage.
2. PROBLEM DETERMINATION
In this stage of the process, the mediator asks each party to relate his/her side of the story. During problem determination there is a flow of information from the disputing parties to the mediator. The mediator’s function is to facilitate the flow of this information.
3. SUMMARIZATION
After each party has completed his story, the mediator should summarize. The words used by the mediator in the summary must be neutral and non-judgmental in nature. It is important, however, that the summary be an accurate statement of the essence of each party’s story.
4. ISSUE IDENTIFICATION
In the issue identification stage, the mediator assists the parties in identifying those issues that need to be mediated if there is going to be a resolution of the dispute.
5. GENERATION AND EVALUATION OF ALTERNATIVES
During this stage, the parties propose alternatives for resolving the dispute. The parties proceed to discuss these alternatives in an effort to effect a resolution of the problem.
6. SELECTION OF APPROPRIATE ALTERNATIVES
During this stage the parties agree on which alternatives will resolve the dispute.
7. CONCLUSION
The mediation should conclude with a final re-statement and clarification of the terms of the resolution by the mediator.