Enforceability of international and local mediation outcome Assignment

Enforceability of international and local mediation outcome - Assignment Example A normal mediation session takes three hours to complete and is attended by both the parties. Mediation is fair, efficient and does not require lengthy litigation and investigation. II. ROLE OF THE MEDIATOR The role of the mediator differs in four different phases of mediation.1 He generally is a contract facilitator. The different roles of the mediator are mentioned below; A. The pre-mediation phase This is considered as the most important part of the mediation process. In this phase, the mediator can create a strong base for mediation process. He has to see if the case is suitable for mediation or not. Some cases cannot be resolved through mediation like criminal matters2 thus he has to see whether the mediation should proceed or not. The mediator also has to check the flexibility of both the parties as the end result of the mediation will be ‘a contract’3 and thus it has to be assessed whether both the sides have the capacity to enter into a contract or not. The last thing that has to be checked is the representation of both the parties, the mediator has to check that the representatives are representing according to the law and their authority over the party has to be checked, so that it should be in the mediator’s knowledge that what kind of agreement the representatives can sign. B. ... e mediator engages both the parties in a detailed discussion in which both of them try to understand each other’s point of view and perspective; the third duty, which is being performed by the mediator in this session, is to influence the parties to settle the dispute, to make them reach an agreement and to resolve the dispute; and the last task, that a mediator performs during this session, is to engage both the parties in a thorough discussion regarding the issues which they have agreed upon. During this session the parties discuss past and present agendas, whereas, discussing future issues is optional, even though, the discussion of the future issues is essential for this session as it enables the parties to understand each other’s interests and goals. After this session the mediator and both the parties will be aware of each other’s point of views, goals and interests. Each party will now be able to frame a proposal that will satisfy its interests. In additio n to that, it will also be able to put forward an offer that will be acceptable by the other party. The mediator will now help the parties to check the accessibility and practicability of their offers. C. The separate session ( the private session) In this stage the mediator tries to detect and put forth the issues that the parties did not discuss in the last session, to enable the parties to reach realistic options that satisfy the needs and interests of both the parties and to guide the parties to negotiate on these options in the upcoming session. The role played by mediator in this phase includes the following; firstly, the mediator has to ensure both the parties that the private session is strictly confidential and therefore they can discuss the issues and agendas which they did not discuss in the

HR services Essay Example | Topics and Well Written Essays - 1000 words

HR services - Essay Example While there are a great variety of users of human resource services (HR services) within an organization, this essay will identify three key users, identify two key needs for each user, and explain how they can be prioritized One use of the human resource department is through the hiring and firing of employees. In these regards, all aspects of the organization rely on the human resource department to ensure that employees are screened properly and when there are significant disciplinary problems that they be released. In some regards, the human resource department can confronted with conflicting needs in this category; in these regards, it’s necessary for the department to attend to an urgent need, but in most instances handle these issues in the order they occurred. Another user of human resources is upper level management, through employee record keeping; within this service the primary needs are for the use of employee records, while keeping the records confidential from m embers of the organization that are not privy to them. In these regards, it’s necessary for HR services to keep stringent record keeping, but also to remain highly cognizant of which organizational members are privy to the specific recorded content. Other users of HR services within an organization are entry-level employees. These employees use HR services for both training programs and compensation and benefit management. In some regards, there may be a conflict of interest here, as the same individuals responsible for training the department are responsible for determining compensation bonuses. In these regards, it’s necessary to have an outside department, generally management, conduct reports that will factor into employee progress reports and ultimately bonuses. 2. Identify at least 3 methods of communication appropriate to employees at different levels ? Among the different methods of communication appropriate for employees at different levels, this essay will co nsider three main types (‘Workplace Communication’). The first type of communication is verbal communication. Verbal communication represents the most direct and perhaps effective form of communication. The drawback of verbal communication is that it does not leave a record of the conversation that took place, nor is it always possible for upper level management to verbally address all the concerns of entry level, or low-level employees. In these regards, another level of communication that is effective is written communication. Written communication functions to produce a clear and understandable message in a context that allows for the individuals implementing this communication process to ensure there is a record of their communication. In these regards, written communication is important in matters wherein the individual receiving the message is of high importance. It’s also effective when the message is complex and it would be useful to be able to review the message. The final type of communication that is considered is visual communication. Generally visually communication is implemented through presentations from upper level to lower level employees, but it can also be implemented in presentations that speak to upper level organizational members, as a means of informing them of status updates, or proposing potential changes. Ultimately, visual communication is most effective for speaking to larger audiences, or in terms of explicating difficult to comprehend material through chart forms; finally it can demonstrate business prototypes or models highly effectively that couldn’t otherwise be articulated through verbal or written communication methods. 3. Describes the key components of effective service delivery including: ? Service delivery has taken on a variety of contextual meanings, making clear and precise definition of the various aspects of the