Nevada Harris

March 27, 2013

MGNT 3300

Mediation Case Write-up

Case Background

This particular case talks about mediation. It talks about how mediation can be successful, and

how it cannot be successful. Mediation is a form of alternative dispute resolution. It is also a way of

resolving disputes between two or more parties with concrete effects. More typically, with a third

party, the mediator assists the parties to negotiate a settlement. Disputants may mediate disputes in a

variety of domains, such as commercial, legal, diplomatic, workplace, community and family matters. In

this case, there is a particular set of situations where as mediation was needed, and within those

situations it came out to be a success. Some benefits of a successful mediation can be 1. Cost- mediation

process generally takes much less time than moving a case through standard legal channels. Taking less

time can be inexpensive. 2. Confidentiality—while court hearings are public, mediation remains strictly

confidential. No one but the parties to the dispute and the mediator(s) know what happened. 3. Control

—Mediation increases the control the parties have over the resolution. 4. Support- Mediators are

trained in working with difficult situations. In these situations, there are most cases whereas Mediations

can also be a failure. Some cases could eventually lead to work stoppage, strikes, many civil lawsuits,

and profits could be lost. Mediation is the process of which both parties come together and try to reach

a complete level of understanding and an agreement that can not only benefit them, but the people

around them as well.

1. Drawing from the preceding examples, what factors do you think differentiate occasions when

mediation was successful and when it failed? Remember that mediation is the common ground

for employees and employers to settle disputes. So there are some occasions whereas

mediation is successful, and when it is not. Some factors may include where both parties come

to a mutual agreement that would make it successful. In other cases, whereas it would not be

successful, would be either in a form of a strike or potential lawsuits being filed.

2. One successful mediator, Boston’s Paul Finn, argues that if the disputing parties are seeking

justice, “It’s best to go somewhere else.” Why do you think he says that? In mediations, the key

is for both parties to be “fair”, which is being reasonable within the situation or dispute.

Remember, mediation is a process that both parties go through to reach a common ground. So

within that statement, what he is stating is that if the parties are only out for blood, then it’s

time to go.

3. Do you think a mediator should find out why the parties want what they want? Why or why not?

I think they should because it could benefit not only the mediator, but both parties as well. It

could help the mediator come to a common ground between both parties and could also help

settle the dispute.

4. The EEOC reports that whereas 85% of employees agree to mediate their charges, employers

agree to mediate only 30% of the time. Why do you think disparity exists? Because in certain

situations, the employees and employers have their own different agendas. So in most cases

within mediation, disparity comes in between both parties and the outcome can be negative.
Ch 14 Choosing your battlesHow would you ensure sufficient discussion of contentious issues in

a work group? How can managers bring unspoken conflicts into the open without making them

worse?Many companies have developed morning team huddles or weekly department meetings

which significantly increases their communication and employee engagement. This would be

considered problem solving with face to face meetings for the purpose of identifying problems

and resolving with open discussion (Robbins, 440). There are several ways to ensure both

passive and conflicting discussion is being met within an organization. In order for this

communication to be effective, employers and managers must create an environment that

Having engaged managers in place for these discussions is a critical aspect of having conflicts

resolve with as minimal discomfort possible.As people approach their managers, it is important

for the managers to uphold the level of confidence that their employees are entrusting to them.

If these matters are needing to be addressed during group meetings, it is at times, appropriate

to leave these concerns anonymous so everyone can add their input without offending anyone

or pushing blame on any individual. From there, the managers can direct the conversation and

make any action items necessary based off of the discussion. In order to keep morale, after

action items are discussed, managers must make these priorities and find resolution to avoid

further conflict by using their formal authority to resolve the conflict and communicating it to

the parties involved (Robbins, 440).2. How can negotiators utilize conflict management

strategies to their advantage so that differences in interests lead not to dysfunctional conflicts

but rather to positive integrative solutions?Negotiators can use several strategies in order to

make dually satisfactory results. The most effective way to utilize conflict management

strategies is to have open, frank discussions focused on interests rather than issues (Robbins,

442). When conflicts are not directly addressed with openness, the organization becomes

dysfunctional. Integrative Bargaining is negotiations that seek a win-win scenario for all parties

involved where Distributive Bargaining is a negation that seeks to divided up one’s resources

(Robbins, 443). Integrative Bargaining is preferable to build long term relationships in a positive

manner. Using this method, all parties feel as though they achieve victory it becomes a win-win

situation (Robbins, 445).3. Can you think of situations in your own life in which silence has

worsened a conflict between parties? What might have been done differently to ensure that

open communication facilitated collaboration instead? Living with two other people, it is easy

to get frustrated with one another. In any situation where there are humans, there will be
conflict. Being silent about your conflicts, especially as women, ideas fester in your head and as

you think things over and over again, your anger increases to an irrational level. By the time

things are said, you are so mad and can often times be hurtful towards one another. Being open

and honest with those that you are close with is so important to maintain healthy, positive

relationships.

CH 13 Delegate Power or Keep it Close.13-16) If you were Samantha Parks, how would you

prioritize which projects or parts of projects to delegate?If I were Parks I would decide what

parts of projects to delegate based on the difficulty of the tasks and the importance of the tasks.

If the project requires the knowledge that others would not have on the subject it would make

more sense to do that part of the project yourself. If the task is something that others know how
to do and are able to complete the task than it would not be the best use of your time to spend

working on it. If a certain part of the project is vital to the overall completion of the project it

would probably be something that you would want to do just to make sure it is done properly.

Unless someone else that you trust to complete that part of the project is able to do so.

Essentially it comes down to the fact that if the task is something that you could trust others to

do that and is not of major importance than you can delegate the task to someone else. That

does not mean that you are not in the loop as to what is going on it just means that you should

not try to do everything. Especially when the task can easily be completed by someone else.13-

17) In explaining what makes her divisions hard, Parks said “I hire good people, creative people,

to run these projects, and worry that they will see my oversight and authority as interfering with

their creative process.” How can she deal with these concerns without giving up too much

control?Parks can deal with these concerns by explaining the guidelines of what she expects and

what her involvement in the projects will be. That way people will understand from the

beginning what to expect. It would not seem as if you are checking up on them to make sure

they are doing their work right. It would be to know what is going on and helping to direct them

so they stay in line with the businesses direction. As long as she lets them have some control

and input on the outcome of the project the people would understand that the CEO wants to be

involved with their business.13-18) Should executives try to control projects to maintain

authority? Do they have a right to control projects and keep in on the loop on important

decisions just so they can remain in charge?I do not think that executives should try to control

projects to maintain authority. They should be guiding the other people in their business so they

are all able to complete their goals. If an executive spends to much time trying to control every

project they will not have time to work on other things. Controlling projects is not the best way

to maintain authority if people feel like they have no say in what is happening they will not buy
in to the projects as much as if you let people have some say in what they are doing. They do

have the right to control projects and keep in on the loop on important decisions, but not so

they can remain in charge. Keeping up on what is going on is something that executives should

do. If they have no idea of what is going on in their business it could be going in a direction that

is not good for a company. They should be in charge because they are able to manage all the

aspects of the business and not just control others. They should be able to work with all of the

employees in a way that works for both parties to a certain aspect.

Ch 11-1 Using Social Media to Your Advantage11-16. Do you think organizations need to have a

social media presence today? Are the drawbacks sufficient to make you think it’s better for them

to avoid certain media?Yes, I do believe that it is very important to have a strong presence in

social networking.Social media plays a huge role today for businesses trying to get established
and have their businesses become well known without spending a fortune on promotion.

People are exposed to different brands and ads every day, if you are not a part of it then you are

missing out on the easiest type of advertisement, the free type.11-17. What features would you

look for in a social media outlet? What types of information would you avoid making part of

your social media strategy?This would depend on the message that I am trying to get across,

what audience I am trying to attract? When I scroll through my Facebook I see many ads that I

do usually take time to look at because it has sparked my interest. I see ads for just about

everything, if your business wants to excel than it needs to be a part of what is considered the

future of advertising. Social media is a definitely a major player and does not look like it is going

to ending anytime soon. So who would not want to try to take advantage of the future?11-18.

What do you think is the future direction of social media? How might emerging technologies

change them?I think that social media is here to stay, the more mediums that are available, the

better chance someone has to getting their product to an interested customer. When new

technologies emerge it is evitable that we too will have to learn the new ways of the new day.

The youth of today have evolved and adapted extremely well considering how difficult learning

new things can discourage anyone from trying to apply themselves. Just like when the internet

was new, when something else comes along we will have to learn that too.

Ch 11Case Incident 2 should companies that fire shot first?

1. Do you think Tesla CEO Elon Musk did the right thing when he blogged about impending

layoffs just before announcing them to employees? Why or why not?

interest of not only his company but of their employees as well. I think the most important thing

in dealing with anyone whose livelihood is at stake is pretty direct and open communication.

That approach grounds employees with solid information and can alleviate workers' anxiety. In

times of uncertainty, what people most crave is some information that helps make decisions.

The use of electronic communication is ever growing with individuals and corporations.

Facebook, MySpace, Texting, Emails, and Blogs are used throughout both. It is estimated that

over 112 million blogs and more than 350 million blog entries are now read daily (Robbins &

Judge, 2011). Layoffs are a last resort for most business. They know cuts can quickly throw their

companies into a tailspin by decimating morale and can hobble turnaround efforts once demand

revives. Many first try to find ways to reduce payroll costs without cutting staff on which they

spent serious time and money to train and develop. Of course, not every company can avoid

layoffs, particularly in a sharp downturn, when sales are tanking.

2. Do you think employees have a responsibility to be careful when they blog about their

company? Why or why not?

ANSWER: Yes, employees have a responsibility to be careful when they blog about their

company. Because sometimes it creates negative impact when they blog against the company.

Sometimes some give blog without any proper information but other employees believe it as

true. They can’t give full concentration on work. They remain always in fear. It create self-bias

error to the employee. We can give example like this suppose after getting the news of sacking if

any group of training and development members come in the company without any intention of

layoff, just only for official purpose but the employees will think that they come for layoff them.
We can also give example off connection theory also. When Mr. IVAN PAVLOV [Russian

Scientist] on his third experiment to his dog he just rang the bell without showing the piece of

meat but even then the dog generated saliva from his mouth. Something like this happened her

also. They remain always in fear so that when anybody comes in the company they feel that the

people come for sacking.

3. Do you think employees who blog about their companies have an ethical responsibility to

disclose their identities?

ANSWER: During past downturns, layoffs were mostly a private affair. Big companies tended to

issue vague press releases filled with jargon about “downsizing,” and start-ups often gave

people the pink slip without telling the world anything at all. Not anymore. In the age of

transparency, the layoff will be blogged. I think employees who blog about the company he

should also reveal his identity. If he or she don’t do so then it is an unethical behavior. Because

sometimes if the news is wrong then it might misguides the people and sometimes employers

get furious and begin to doubt all the other employees also. The employees also think who do so

this but all of them remain in fog. But it is also mentioned that there should be such

environment where they can publish anything legal whether it is good and bad for the company.

So it becomes clear who are saying this and what he intend to say.

4. How can a company develop a policy for handling communication of sensitive issues inside,

and outside, the company?

company through social media. They can use different techniques suppose they will give

identification number and password for separate employees. So every employee who want to

post something he may have to register for this. So anyone other can’t post through his Id. We

can give example off UMS at LOVELY PROFESSIONAL UNIVERSITY, every student have separate

ID and password so if they want to tell something they can say but it is clear to all who and what

he want to say. And one more thing anyone from outside can’t see what is going on inside the

university.

CONCLUSION

We have moved into more of an electronic communication era than ever before, which allows

not only companies but their employees to communicate publicly and globally. Companies have

the right to protect themselves against employees, ex-employees or even disgruntled

employees by creating communication policies as guidelines for their employees. These

individuals also have the right to hold themselves responsible when posting or communicating

about the company they work for.

qualities as organizational leaders? Why or why not?Yes, I do. I think they exhibit the best qualities

to be an organizational leader. They have been broken down and rebuilt to be able to take orders

and deliver an exceptional performance. They have the ability to handle stressful situations and stay

focused on the task that is at hand, which can help lead businesses to be successful. When focusing

on deadlines and important projects they would be able to assign tasks to individual employees, and
being able to give specific instructions, they would be able to get things done quickly.I work for a

hospital and they hire military as their staff, when I see them dressed in the attire they are required

to wear, it makes me think that they are very professional. The way they take pride in how they

present themselves is very important for who they are representing, not only themselves, but our

country too. This type of behavior can demonstrate to coworkers that they should also be aware of

how they present themselves in the workplace.12-15. In what ways not mentioned in the case

would military leadership lessons not apply in the private sector? What might military leaders have

to relearn to work in business?They would have to learn that failure is not always the intended

outcome, but it happens sometimes and that it is okay. They would have to learn to have

compassion and that not everyone is built to have a tough skin, so when reprimanding coworkers

they might need to learn how to go about doing so in an understanding standard.Coming from the

military to a workplace setting, I think they would have to understand that not everyone is going to

be structured the way that they have been designed to function. Not all their co-workers are going

to have the same thought processes they have, or behave in the same mannerisms. Learning how to

communicate without offending anyone would be a process that they would have to get used to.12-

16. Are specific types of work or situations more likely to benefit from the presence of “battle-

tested” leaders? List a few examples.I think that high stress jobs would probably benefit from having

military leadership, jobs that require more attention than a normal 8-5 job. Jobs such as:Stocks or

trades, they are a high stress job that would require attention to detail and competent

employees.Corporations, they need someone to lead them to be successful, not only to generate

profits for their company, but to look out for the best interest of their people.Hospitals, they would

be able to develop a schedule, which is important to run a smooth operation.

1.

Do you think leaders in military contexts exhibit the same qualities as organizational leaders? Why

or Why not?

No, I think military leaders are phenomenal leaders and display many of the similar abilities

however, the military roles are on a much more structured basis. There is a lesser amount of room

for creativity in management approaches in the military. The chain of command and standing

instructions decree much of life in the military. Thus, creative management programs are rare. Yet,

motivation is very much vital and, it follows that military and civilian managers are left with the

identical and different complications on how to encourage employees or juniors. Motivation is

equally significant in both areas and it is the responsibility of managers and officers to discover

resolutions to the issues. In the military they are provided a reduced amount of guiding principle

than in the civilians.

2.

In what ways not mentioned in the case would military leadership lessons not apply in the private

sector? What might military leaders have to relearn to work in business?

I believe, military leaders should follow the Leader Member Exchange (LMX) theory which highlights

the working relations between leader & employees and levels of communal admiration. Leaders in

military do not consider the emotion & feeling of soldiers. They would have to absorb that non-
success is not constantly the projected result, but then again it occurs now and then and that it is

tolerable. They would have to learn to have empathy and that not every person is constructed to

have a tough skin. Thus, when criticizing associates, they might require to learn in what manner to

go about doing that in thoughtful norm.

3.

Are specific types of work or situations more likely to benefit from the presence of

“battle

tested” lea

ders? List a few examples.

“Battle

tested” is

n fortitude incident that pursues to grow and improve charisma by stimulating men and women

physically, mentally and morally. The existence

of “battle

tested” is most likely present on

stocks, hospitals, multinational corporations etc. are the best possible ground where

“battle

tested”

leaders will earn some extra benefit.