Human Resource Assignment Three - Labor Relations

Name

Institution Affiliation

Question 2. Non- economic means of impasse resolution

Introduction

According to Estlund (2017), non-economic methods of resolving dispute entails a wider variety of activities that mostly involves a third-party who attempt to reconcile the difference with absolute neutrality without any form of the formal judicial proceedings. These impasse resolution mechanisms also referred as the alternative dispute resolution, are initiated through a moderate dialogue between the conflicting parties and eventually binding decisions are derived from this interactions. The principle different between the judicial proceeding and the non-economic impasse resolution, the latter allow the parties to enter into a decision to solve the problem voluntarily. 

Discussion on Mediation

The first impasses resolution method to look at is mediation. This approach is also known as conciliation and presents the fastest way to get over the source of conflicts mostly for parties that do not have a legally guided agreement (Reuben, 2013). For the method to work efficiently, it should follow a particular procedure. First, the mediator requires the parties to agree on the matters concerning the process such as time, place and other confidential agreements. Secondly, the party will exchange their respective initial positions to give the mediator the original state of the conflict. Then, the mediator conducts the caucusing procedure and meet each party separately to find out what they feel is the best solution. Upon reducing the conflict gap, the mediator will carry offers and counter-offers and finally reaffirm the understanding between the parties through signing a settlement agreement.

Pros and cons of this method

Mediation presents a couple of advantages. First, it is direct and saves time and money. Working with the mediator, the parties can hasten the process and at the same time save on cost since no lawyers, and the legislative cost is required. Secondly, confidentiality is maintained. When two parties are conflicting about a strategic matter, a mediator will work as a sure way of keeping the companies’ or individuals’ secret through signing a non-disclosure agreement.

However, according to Farrow (2014), mediation can also present some shortcomings such as lack of seriousness from one party because there is no legal pressure, either party may become uninterested in pursuing the reconciliation process which would hurt the offended party.

Discussion on Arbitration

The other impasses resolution method is arbitration. The latter nearly resembles the ordinary traditional litigation only that in arbitration the disputants agree to the resolution process far before the actual conflict occur. According to Farrow (2014), the method works by having a predetermined neutral third-party that would be presented with the facts about the conflict, though not an active appeal process, the arbitrator can be able to make a valid and...