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5DER Contemporary developments in employment relations Assignment Answers

Distinguish between third-party conciliation, mediation and arbitration

The consideration of third-party conciliation is discretionary, although it invariably involves employment rights problems and takes place before the industrial tribunals (Suh & Chun, 2021). The procedure entails the nomination of an impartial person who will act as a moderator, listen to the concerns, evaluate the facts presented, and verify that the view delivered is an impartial suggestion to resolve the problem. The conflicting parties can always accept or reject offers provided by a third party.

On the other hand, mediation is a technique for conflict resolution that is carried out in an informal setting and with the participation of all parties involved in the conflict. By identifying a point of agreement to resolve the conflict, the mediator, a neutral third party, aids in the development of a working relationship that will be beneficial to both involved parties. The process of having the conversation is always held in the strictest confidence, during which time they provide overviews of the issues that are affecting them and work to ensure that the talk is balanced. In the mediation process, a neutral third party will encourage the disputing parties to come to a resolution but won’t compel them to do so. The process is the last informal approach of conflict settlement, and if it fails, the parties will choose to proceed with the formal proceedings.

In conclusion, the arbitration process is similar to the mediation process in that the parties engaged in the disagreement choose to voluntarily engage in a confidential discussion. In contrast to mediation and conciliation, which provide advice, this approach offers the conclusion for the conflict resolution process (Suh & Chun, 2021). After all of the opinions and judgments have been presented to the arbitrator, the parties involved in the conflict will be required to agree to the decision that has been reached through the procedure. Although the arbitration procedure is not a tribunal process, it is nonetheless regarded as legal, and the outcomes are final. However, in the event that one or more of the parties involved in the process does not accept the conclusion that was reached, they will be required to bring their concerns before an employment tribunal.

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