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Case Study on Mock ADR Arbitration - Case C (F)

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Case Study on Mock ADR Arbitration - Case C (F)

HN2310 Alternate Dispute Resolution

Mock ADR

ARBITRATION

Winter 2020

 

Part 1:  Arbitration Analysis Report                                   /10   group (submitted in group report)

Part 2:  Arbitration Presentation                                          /6   group in class

Part 3:  Arbitration Reflection Report                                  /4   individual (submitted in group report)

                                                 Total Arbitration    /20

 

Case (A, B, or C): _________________________________________________

Group Members:      ______________________    _____________

                                    ______________________    _____________

                                    ______________________    _____________

Submit Part 1 and Part 3 together in one group document on D2l, properly formatted and referenced using APA style. Clearly number each question and part. Due Friday April 03, 2020   11:59pm.

Part 2 Presentation will be marked in class. Report submission format is below:

 

Student A 6004235

Student B 6002424

Student C 6003214

 

HN2310 – Section ??  Arbitration Report

Case A, B, or C

 

Part 1 Analysis Report

1.      Type of Conflict

2.      Source of the Conflict

3.      Diagram of conflict parties

4.      Interest analysis of EACH disputant – 2 disputants

5.      Conflict Management Styles of EACH disputant – 2 disputants

6.      Recommendation re Conflict Styles

7.      Stimulus that may have caused the conflict

8.      Perceptual distortion(s) that may have caused the conflict

9.      Constructive or Destructive? Why?

10.     Levels of Trust of EACH disputant – 2 Disputants

11.     Impediments to resolving the conflict

12.     Sources of Power

PART 3 – Reflection Reports

Student  1 Name 600512345

Reflection

 

Student 2 Name 600512345

Reflection

 

Student 3 Name 600512345

Reflection

 

 

 

 

 

Cover page

 

 

 

 

 

Part 1 answers

 (as many pages as needed)

 

 

 

 

 

 

 

 

Part 3 answers

 (1 section for each student)

 

 

 

Part 1: Arbitration Analysis Report (number topics and submit as one group report)      /10

 

Topics – explain why / how in each topic

Student responsible

Value

1.    Type of conflict

 

/2

2.    Source of the conflict

 

/2

3.    Diagram of conflict parties

 

/2

4.    Interest Analysis of EACH disputant – 2 disputants

 

/4

5.    Conflict management styles of EACH disputant – 2 disputants

 

/4

6.    Recommend if and what better conflict management style could be used

 

/2

7.    Stimulus that may have caused the conflict

 

/2

8.    Perceptual distortions involved in the conflict

 

/2

9.    Is the conflict constructive or destructive?  Why?

 

/2

10.  Levels of trust between disputants – 2 disputants

 

/4

11.  Obstacles to resolving the conflict

 

/2

12.  Sources of power present in the conflict

 

/2

Total

 

/30

 /10

 

 

Part 2: Arbitration Presentation            (instructor evaluates in class)                           /6

 

Role of Disputant

Disputant 1: _________________________             

☐  Participate fully in the discussion

☐  Help all understand your position

☐  Demonstrate active listening

☐  Show you appreciate others point of view

☐  Control expressions of hostility

Total  ANY 4 checked =     /4   =       /2

Role of Disputant

Disputant 2: _________________________             

 ☐  Participate fully in the discussion

☐  Help all understand your position

☐  Demonstrate active listening

☐  Show you appreciate others point of view

☐  Control expressions of hostility

Total  ANY 4 checked =     /4 =         /2

 

 

 

Part 2 (continued): Arbitration Presentation (instructor evaluates in class)           /6

 

Role of the Arbitrator

 1.  Pressure

☐  Try to change (or maybe lower) a party’s expectations

☐  Push a party to make compromises

☐  Tell a party that its positions are unrealistic

 

2.  Processes

☐  Simplify the agenda by eliminating or combining issues

☐  Keep the parties at the table

☐  Control the timing or pace of the arbitration

☐  Teach the parties about the arbitration process (give & take; positions vs. interests)

 

3.  Friendliness

☐  Try to gain trust and confidence

☐  Use humour to lighten the atmosphere

☐  Let them blow off steam in front of you

☐  Try to “speak their language”, i.e. help them understand you appreciate their point of view

 

4.  Avoid negative emotions

☐  Control expressions of hostility by the parties

☐  Suggest proposals that will help the parties avoid the appearance of defeat

 

5.  Discuss Alternatives

☐  Discuss other settlements or patterns of agreements

☐  Point out the costs of failing to follow the arbitration decision

☐  Suggest that the parties review their needs

☐  Have the parties prioritize the issues

☐  Reach a decision

 

Total ANY 10 checked =     /10       =     /2

 

 

 

Part 3: Arbitration Reflection Report (individuals write and add to the one group report)          /4

Reflect on your experience in the Arbitration.

 

  1. If Disputant: Was your assessment of the other disputants’ positions and interests correct? If yes, what was the assessment of the other disputant’s positions and interests?   If not, why do you think you were mistaken? What did you not consider?

 

If  Arbitrator:  Did your approach to resolving the conflict work? If yes, why did it work?   If not, what approach should you have used instead?

Both Disputants and Arbitrators:

  1. What would you change as a disputant or Arbitrator for next time?

 

  1. Were you satisfied with the outcome of the Arbitration? Why or why not?

 

  1. How will this experience help you in your future when dealing with disputes?

Format: 

Provide thoughtful, specific, and detailed answers to the questions.

Number each answer 1,2,3,4.            

2 pages maximum + 1 page reflection from each group participant 

Add your pages to the one group report. Do not submit individually. 

CASE A                                                                                                                           CITY OF ENGLISH v. AHMED

Based on materials fromhttps://www.shrm.org/academicinitiatives/universities/teachingresources/Documents/Posthuma%20-%20Workplace%20Dispute%20Resolution_Instructor%27s%20Manual_FINAL.pdf     accessed March 1 2018

 

Background Information for Participants

The City of English promulgated an English-only policy, and several Arabic-speaking employees have complained that the policy discriminates against them. This role-play exercise is based on an actual federal court case.

The city provided three reasons for adopting the policy:

  1. Workers and supervisors could not understand what was being said over the city’s radios. 2.  Non-Arabic-speaking employees informed management that they felt uncomfortable when their co-workers were speaking in front of them in a language they could not understand, because they did not know if their coworkers were speaking about them.  3.  There were safety concerns with a non-common language being used around heavy equipment.

There are no written records of any communication, morale or safety problems resulting from the use of languages other than English prior to the policy’s implementation. The policy states:

To ensure effective communication among and between employees and various departments of the city, to prevent misunderstandings, and to promote and enhance safe work practices, all work-related and business communication during the work day shall be conducted in the English language with the exception of those circumstances where it is necessary or prudent to communicate with a citizen, business owner, organization or criminal suspect in his or her native language due to the person’s limited English language skills. This policy does not apply to strictly private communication between co-workers while they are on approved lunch hours or breaks or before or after work hours while employees are still on city property if city property is not being used for the communication. Further, this policy does not apply to strictly private communication between an employee and a family member so long as the communication is limited in time and is not disruptive to the work environment.

Approximately 29 city employees are Arabic-speaking, the only significant non-EFL minority group affected by the policy. All plaintiffs are Arabic-speaking and bilingual, each speaking fluent English and Arabic.

So far, no one has been disciplined for violating the English-only rule.

City employee Ahmed bin Abdulla al Kuwari filed a complaint with the City Commission over this policy. He believes it is a violation of the City’s obligations under the country’s Human Rights Law because it is discriminatory based on his race and language of origin (Arabic). Ahmed and the street commissioner, Holmes Willis, are going to meet to try to voluntarily resolve this complaint before it goes further in the process.

 

 

 

Role of Disputant Holmes Willis, Street Commissioner:

You are in charge of the streets department for the City of English. You received a complaint that because department employees were speaking Arabic, other employees could not understand what was being said on the city radio. You informed the city’s human resources director, Candy Richardson, of the complaint, and she advised you that you could direct employees to speak only English when using the radio for city business. Other non-Arabic-speaking employees have also complained about the use of Arabic at work by some employees.

Although there have been no safety incidents related to the use of Arabic, you don’t feel that it is necessary to have an accident before you implement the policy. Nevertheless, in response to the potential concerns of Arabic employees, you did ease up on the enforcement of the policy so that workers could speak Arabic during work hours and on city property if everyone present understood Arabic.

You are willing to make some concessions about the policy, perhaps by reducing the scope or how and when it will be implemented. However, you are not willing to entirely rescind the policy.

Role of Disputant Ahmed bin Abdulla al Kuwari, an Employee in the Streets Department:

You work in the streets department for the City of English. Holmes Willis told you and the other department employees that Arabic could not be spoken at work at all and that the city would soon implement an official English-only policy.

You believe that the policy has created a hostile environment for Arabic-speaking employees, causing you and your Arabic-speaking co-workers fear and uncertainty in your employment and subjecting you to racial and ethnic slurs and derogatory comments about the odor of Arabic foods.  The English-only rule has created a hostile environment because it is pervasive—every hour of every workday— and you feel burdened, threatened and demeaned because of your Arabic language and origin.  In fact, you have been teased and made the brunt of jokes because of the English only policy and you are aware that other Arabic co-workers have been teased and made the subject of jokes as well.

You are proud of your heritage and do not feel that your ability to communicate in a bilingual manner is a hindrance. There has never been a time that you were unable to perform your job because you spoke Arabic to another Arabic-speaking individual.

Moreover, the way that they are implementing this policy is a burden. Employees were told that the restrictions went beyond the written policy and prohibited all use of Arabic if a non-Arabic-speaker was present—even during breaks, lunch hours and private telephone conversations.  You want management to rescind the policy so you can speak Arabic whenever you want to. However, you recognize that there may be circumstances in which a limitation on the use of Arabic would be reasonable.

Arbitrator Role:

You are the Arbitrator in this case. An Arbitrator gets the parties to talk about the facts and helps them reach a binding resolution of the dispute. Your job is to decide who is right or wrong and provide reasons why you think they are right or wrong and then provide the disputants with a decision they must follow.

 

 

NOTE:  Read the information provided for the role and then attend a meeting with the two parties and the Arbitrator to try to reach an agreement.

CASE B           _                                                                                                           CREDIT Where CREDIT is DUE

Modified from https://www.campus-adr.org/CMHER/reportresources/edition1_3/Roleplay1_3.html and http://tools.comm.wayne.edu/   Accessed March 8 2018.

 

Background Information

Two employees in the Research and Planning Office at Duhail College are now avoiding each other after a loud, heated dispute in the break room about a week ago. Their responsibilities in the department often require them to work together on projects. Until recently, things seem to have gone smoothly. The current conflict involves concerns about who gets credit for work that gets done as a team and problems with arranging meeting times. Maryam feels that Mohammed, her co-worker, has been taking undue credit for work she contributed to and worked hard to complete. Mohammed feels the break room incident was an unfair attack on him, and he has been avoiding contact with Maryam since then. Maryam, at the advice of her supervisor, has approached the Arbitration center at Duhail College, asking for some support to resolve the issue. While reluctant, Mohammed has agreed to try Arbitration.

Role of Disputant Maryam:

You have requested this Arbitration. You are concerned about your working relationship with Mohammed. On the last three projects you’ve worked on together, he has taken credit for ideas that were yours! You have heard repeated reports that in the president’s council meetings where Mohammed often presents the results of projects, he often neglects to mention your name, and tends to say “I” rather than “we”. This past few months you have had another meeting on the days that the president’s council meets so Mohammed has been going to the meetings to present the projects results.  But even before that, Mohammed was always the one being asked by your boss to go to the president’s council meeting and report results. You’re getting fed up. Last week you confronted Mohammed in the breakroom and told him how you felt.  You got a little angry;   he just got angry back and has avoided you ever since.

Also, you are frustrated about trying to arrange weekly meeting times with Mohammed.  You like to meet in the mornings early with Mohammed, but he always seems to be not available to meet until 11am. This is so frustrating because you are busy with other tasks later in the morning and you end up having to re-arrange your schedule every time he can’t meet early.

When you started work in this office 6 years ago, you were given very little work to do and had to fight hard to get more and more important projects.  You think you have come a long way since then and deserve credit for what you are able to do at work.  You have taken many courses at night and on the weekends to finish your Bachelor’s degree – something nobody else in the office has done. You feel you should be the one taking the lead in some projects – you have proven your skill and often stay after work to finish.  Mohammed certainly doesn’t do that!

Mohammed is an old friend from school days, and your family still spends some time with his family socially. You’re worried about your own career advancement at the College, and really feel that you no longer trust Mohammed. Right now you wish you never had to work with Mohammed again!

 

Role of Disputant Mohammed:

You just can’t understand Maryam! She’s complained to your supervisor in Research and Planning at Duhail College that on the last three projects you and she worked on together, you represented her ideas as your own. Her name was on the reports, so you don’t understand the problem. Doesn’t she realize that if you work on a project together ideas will merge and become shared? The responsibility of presenting completed projects has almost always fallen to you, and while it’s stressful, you can’t help it if other people give you the credit! Maryam talked to you about it last week in the breakroom, really got angry about it, and you were so surprised that you’ve avoided her ever since.

Also, you don’t understand what the big deal is about meeting times –  Maryam always wants to have meetings early.  In the early mornings, you must drive your younger brothers to school so you can’t be at work so early.  In the evenings, you often meet up with friends and can’t stay late at work – you have to have some time for friends too.   You want to be able to organize your day, talk with other employees and share ideas, get tea, and slowly start the work day.  This just makes sense to you.  If Maryam wants to meet early, your morning is screwed up!   You secretly feel a little proud of Maryam because she has worked hard and finished her degree but you have a life and don’t see that value of all that extra work.  Good for her but it’s not needed for you.

You feel you are pretty talented and even though you might not work as hard as Maryam, you contribute more in fresh ideas and creativity. You’ve worked in this office for 6 years and you haven’t gotten a bad performance review yet. But if Maryam doesn’t want to work with you in the same way anymore, you think maybe you should start looking around to work somewhere else.

You like Maryam, she’s been a friend since school and you’ve always been a good team at the office. When you were approached by the boss and asked to meet with a Arbitrator and Maryam, you reluctantly agreed because you really didn’t feel you had any other choice. You can’t believe she went to the supervisor over this. It makes you look bad, and you think she probably should apologize. You think Maryam should lighten up a little.

Arbitrator Role:

You are the Arbitrator in this case. An Arbitrator gets the parties to talk about the facts and helps them reach a binding resolution of the dispute. Your job is to decide who is right or wrong and provide reasons why you think they are right or wrong and then provide the disputants with a decision they must follow.

 

NOTE:  Read the information provided for the role and then attend a meeting with the two parties and the Arbitrator to try to reach an agreement.

CASE C                                                                                                                    Noora and Aysha Admissions Office

Modified from https://www.campus-adr.org/CMHER/reportresources/edition1_3/Roleplay1_3.html and http://tools.comm.wayne.edu/ .   Accessed March 8 2018.

 

Background Information

The Admissions office at Duhail College has six admissions officers, four support staff (including Noora) and a Director (Aysha). It’s a busy office (which recently had staff cuts and a new on-line system) and everyone has to be giving 110% during the past few months in August and September when new students enroll.    Aysha is stretched to the limit – she knows the office should be open longer hours to help students enroll and sign up for courses easier but she just doesn’t have the staff to do this now.  She also knows a new computer system would help.  Recently, the college has started to ask students to give feedback about their experience in enrolling and signing up for courses at the Admissions office.  There is a student satisfaction survey sent out by email asking how friendly, efficient and accessible the Admissions Office has been. 

The Admissions Office is open for potential and existing students Sundays to Thursday 8am – 5pm.  Because of budget problems, there has been a cutback in staff in the Admissions office from 12 people last year to now only 10 staff.  The office is trying to work out the new online enrollment system but can’t afford to hire anyone new to help set it up.  One of the support persons in the Admissions Office (Noora) has been asking for changes in the work schedule.  Noora has suggested working a few evenings in the office and then having a morning free. 

When Aysha heard about Noora’s idea,  she refused immediately.  Noora has asked the college Human Resources Department for a Arbitration with Aysha.  Aysha reluctantly agreed, provided it was not too time consuming. The meeting will happen tomorrow.

Role of Disputant Noora:

You are a support person in the Admissions Office at Duhail College. You have been there almost two years. In your last job at State University, you had a lot of input into decision making and was a bit of a computer system genius. When you try to offer suggestions here, the director, Aysha, doesn’t listen or seem to care. She doesn’t respond to emails and you have had to try to speak with her quickly while at the photocopier.  You’re young but a hard worker and have some good ideas if only someone would care to ask.  You’re used to having flexibility in your job description and in your hours. Recently you offered to work late on Mondays and Tuesdays in order to come in late on Thursdays.

 

 

You proposed this because:

  1. You want to take a special class on Thursday mornings.
  2. Monday and Tuesday are the busiest days.
  3. Students might appreciate having extended business hours. You might be able to work on the computer system in a quieter office time.

However, you didn’t have a chance to give your reasons. Aysha was very short with you, immediately saying that it wouldn’t be possible, and you’ve been reluctant to bring it up again.  Does Aysha even know how much talent you have and how you could help here?  It’s almost like Aysha doesn’t trust you.  You are starting to think maybe the Admissions office isn’t the best place for you to work.

You were talking with friends about this problem, and they suggested Arbitration. You thought it was a great idea. You like the work and the other staff here. You don’t know Aysha well, but are willing to be open minded.

Role of Disputant Aysha:

You are Director of the Admissions Office at Duhail College. You have been there 12 years and are responsible for supervising a staff of ten people. Noora is relatively new (1 1/2 years), kind of young and inexperienced, and often comes up with off-the-wall suggestions. The latest one involved Noora working late sometimes and coming in late sometimes. You run a tight ship. You think staff should be able to express their opinions, but then they need to accept your decisions. You’re not opposed to change, as long as it’s well thought out and well-reasoned.

You have been under a lot of stress lately because it’s been really busy, you have a lot of paperwork to complete, decisions to make and endless meetings to attend. The computer system was supposed to be up and running last month but nobody seems to know how to set it up.  If it worked, it might really help with the office work load and student satisfaction levels might increase. 

This student satisfaction survey could be really bad for you!  You are interested in moving up at the college and want to be the next vice president Administration. A bad customer survey would not help improve your reputation with your manager.  Dealing with minor employee problems (like Noora) is just adding to your stress level. You admit that sometimes you are short-tempered with people. When Noora suggested Arbitration, you agreed, if it wouldn’t take too long. You are somewhat skeptical about Arbitration (afraid it could undermine your power).

Arbitrator Role:

You are the Arbitrator in this case. An Arbitrator gets the parties to talk about the facts and helps them reach a binding resolution of the dispute. Your job is to decide who is right or wrong and provide reasons why you think they are right or wrong and then provide the disputants with a decision they must follow.

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