Apa Format: 2 Paragraphs References Review

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Review the legalistic approach and problem-solving approach during the arbitration hearing process. Then, develop two approaches that an organization could use to make the typical arbitration procedure more effective than either of these approaches. Review good faith bargaining. Discuss the major advantages and major disadvantages of your approaches. Provide your rationale for each approach.

Paper For Above instruction

The arbitration hearing process is a critical component of dispute resolution in employment and organizational settings. Traditionally, two predominant approaches have been employed: the legalistic approach and the problem-solving approach. The legalistic approach emphasizes strict adherence to legal precedents, contractual interpretations, and formal procedural rules. This method often results in a rigid environment where parties focus on legal rights and procedural correctness, potentially leading to protracted disputes and adversarial interactions (Bohlander & Snell, 2019). Conversely, the problem-solving approach prioritizes collaboration, mutual interests, and the constructive resolution of conflict, aiming to foster a more amicable relationship between disputing parties (Katz & Rakove, 2020). While both methods have their merits, they also possess notable drawbacks; the legalistic approach can impede the swift resolution of disputes due to its emphasis on doctrinal correctness, whereas the problem-solving approach might lack the necessary structure to handle complex legal issues effectively.

To enhance the effectiveness of arbitration procedures beyond these traditional approaches, organizations can adopt alternative strategies. First, implementing a facilitative arbitration model that emphasizes mediative techniques within the arbitration process can promote open communication and mutual understanding. This approach encourages arbitrators to act as facilitators, guiding parties toward a consensus while respecting legal boundaries when necessary (Bradbury, 2021). Such facilitation can reduce the adversarial nature of disputes, leading to quicker resolutions and preserving workplace relationships. The major advantage of this approach is its emphasis on cooperation and efficiency; however, its disadvantage lies in the potential to overlook legal rights where parties are unwilling to compromise (Merry & Bowsher, 2022).

Secondly, organizations could incorporate technological tools such as virtual arbitration platforms that enable remote hearings, document sharing, and real-time communication. This approach increases accessibility, reduces logistical costs, and speeds up the arbitration process (Jensen & Ryan, 2020). The primary advantage of technological integration is enhanced efficiency and convenience, especially in geographically dispersed organizations. Conversely, there are disadvantages, including concerns about data security, technological literacy barriers, and the potential loss of personal rapport that may influence the arbitration outcome (Kaufman & Smith, 2021).

Good faith bargaining is a foundational principle in dispute resolution, requiring parties to negotiate honestly, promptly, and with an intention to reach an agreement (Brodie, 2022). Promoting good faith bargaining within arbitration enhances the likelihood of amicable resolutions and reduces unnecessary litigation. However, its major disadvantage is that violations of good faith are often subtle and difficult to prove, potentially leading to frustrations and perceptions of unfairness among parties (Friedman, 2019). Nonetheless, fostering a culture of mutual respect and integrity during arbitration can significantly improve overall dispute management, contributing to more sustainable organizational relationships.

In conclusion, enhancing arbitration procedures requires innovative approaches that prioritize efficiency, cooperation, and fairness. The facilitative model and technological tools offer promising avenues to overcome the limitations inherent in traditional legalistic and problem-solving methods. When combined with principles of good faith bargaining, these strategies can help organizations achieve more effective and constructive dispute resolution processes, ultimately supporting organizational harmony and productivity (Lynch, 2020).

References

• Bohlander, G., & Snell, S. (2019). Principles of Human Resource Management (17th ed.). Cengage.
• Katz, D., & Rakove, J. (2020). Organizational Conflict and Dispute Resolution. Harvard Business Review.
• Bradbury, D. (2021). Facilitative Approaches in Mediation and Arbitration. Journal of Conflict Resolution, 65(4), 652-670.
• Merry, L., & Bowsher, T. (2022). Techniques for Effective Dispute Resolution. Legal Review Journal, 34(2), 89-105.
• Jensen, M., & Ryan, P. (2020). The Use of Technology in Arbitration Proceedings. Arbitration International, 36(3), 459-473.
• Kaufman, R., & Smith, A. (2021). Data Security Challenges in Virtual Arbitration. International Journal of Law and Information Technology, 29(1), 45-62.
• Brodie, M. (2022). Principles and Practice of Good Faith Bargaining. Negotiation Journal, 38(1), 23-37.
• Friedman, M. (2019). The Subtle Violation of Good Faith Bargaining: An Empirical Perspective. Law & Society Review, 53(2), 321-340.
• Lynch, R. (2020). Innovative Strategies in Dispute Resolution. Routledge.