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7/14/2009 5:01:47 PM
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UCREFRP
UCREFRP Catalog Number
8125
Author
Moore, C. W.
Title
Editor
USFW Year
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USFW - Doc Type
1986
Copyright Material
YES
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Approaches to Managing and Resolving Conflict 7 <br />If a dispute is within an organization there is often an ad- <br />ministrative or executive dispute resolution approach. In this <br />process a third party, who has some distance from the dispute <br />but is not necessarily impartial, may make a decision for the <br />parties in dispute. The process can be private if the system with- <br />in which the dispute occurs is a private company, division, or <br />work team; or public if it is conducted in a public agency by a <br />mayor, county commissioner, planner, or other administrator. <br />An administrative dispute resolution generally attempts to bal- <br />ance the needs of the entire system and the interests of the <br />individual. <br />In the Singson-Whittamore dispute, both parties might <br />choose to appeal to the board of directors of the Fairview Clinic <br />for athird-party decision. If both parties trust the integrity and <br />judgment of these decision makers, the dispute might end here. <br />Arbitration is a generic term for a voluntary process in <br />which people in conflict request the assistance of an impartial <br />and neutral third party to make a decision for them regarding <br />contested issues. The outcome of the decision may be either ad- <br />visory or binding, Arbitration may be conducted by one person <br />or a panel of third parties. The critical factor is that they are <br />outside of the conflict relationship. <br />Arbitration is also a private process in that the proceed- <br />ings and often the outcome are not open to public scrutiny. <br />People often select arbitration because it is more informal than <br />a judicial proceeding and frequently faster, less expensive, and <br />private. In arbitration the parties often are able to select their <br />own arbiter or panel, and thus have more control over the deci- <br />sion than if the third party were appointed by an outside au- <br />thority or agency, <br />Whittamore and Singson have both heard of arbitration <br />but are reluctant to turn their problem over to a third party <br />before they are sure that they cannot solve it themselves. Nei- <br />ther wants to risk an unfavorable decision. In addition, Singson <br />does not want an external decision that might erode clinic man- <br />agement's prerogative to control the contract process, <br />A judicial approach involves the intervention of an insti- <br />tutionalized and socially recognized authority into private dis- <br />
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