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Final Coursework
1.
Bullying cases in Leo Hayes High School has been on the rise over the recent past years. It is a public school located in Fredericton, New Brunswick, Canada. The high school serves students from grades 9 to 12. Both the parents and students in Leo Hayes high school have reported cases of bullying among students. In order to solve this problem, anti bullying policies and Alternative Dispute Resolution (ADR) programs have to be utilized together with the ADR technique.
ADR is classified into three types: mediation, collaborative law and negotiation. Conflict resolution education is important for high school students. The techniques, which are suitable in Leo Hayes high school, are mediation. It encompasses the involvement of a third party in solving problems. This step can be fulfilled by introducing mediation officers such as the guidance and counseling teachers within the school. Moreover, a selected number of students are taught about conflict resolution. The training activities consist of embracing socio cultural diversity among the students, creating bias awareness, educating students on the role of a mediator, faction problem solving, dealing with rage and how to uncover hidden interest in involved parties. This would help in creating an ADR program in Leo Hayes high school.
In Leo Hayes High School, the students have to be taught about conflict resolution techniques, which are vital in curbing bullying cases. In order to impart students in the school with knowledge regarding ADR program different techniques have to be used. The students have to be taught about the six processes involved in problem solving. The stage that is supposed to be used has to be selected; the viewpoints are then gathered, interests are identified, options are created and thereafter evaluated and finally, a general agreement is generated. In solving conflicting issues between two parties that differ in opinion, the ADR techniques should be incorporated in problem solving. Teaching students these techniques while referring to the actual problem of bullying in the school will enable the youngsters to understand why this method is important.
The most important aspects about negotiation that students need to learn in Leo Hayes high school is that negotiation is accompanied with advantages that are not only beneficial to the students but the entire school. The skills and processes are also important for the students to learn about before they graduate. This is because they are able to use the techniques they have acquired in solving problems when they have graduated. Negotiation concepts are important because of several reasons. The program helps reduce cases of vandalism, bullying, violence and suspension from school. The school climate is also improved by the problem solving processes.
Moreover, a high citizenship activity level is achieved when these concepts are taught to school going children. The ADR program would enable students develop vital skills in life. The teachers would also stand to benefit from the program. This because when students are taught about problem solving skills, teachers are able to spend more time on teaching rather than disciplining students for their wrong-doing. Finally, the students get to acquire skills such as critical thinking, listening and problem solving techniques during their training period. The tools they acquire will help them solve conflict related issues in the world more efficiently.
2
ADR refers to the processes involved in problem solving without violence or trial. This involves a couple of processes for the goal of solving disputes to be achieved. The four processes involved are mediation, arbitration, litigation and consensus building. Conflicts have to be resolved using the ADR techniques and the processes involved.
For instance, a family of five children and their mother are fighting over a piece of land that is owned by their father. The first step that the family has to approach is mediation process. A third party should be introduced into the case to facilitate the process. The person selected may be an elder in the society, a close family relation or someone from the local authority who has the characteristics of a good mediator. Mediation is the best conflict resolution process for this case because the mediator who is selected is often someone of close relations with the family and he or she is able to understand the reasons behind the conflict better. Moreover, such cases should use this technique because it helps create mutual understanding between the conflicting parties. This is because mediation allows the parties to come to their own agreement that is fit for all of them. In addition, the process is not biased to any of the complainants.
In a case where conflict arises over the use of a former Native American, burial ground to building a public highway requires litigation process in order to solve the problem. Litigation involves taking a legal action by one complainant against the other. This means that the overseers of the Native American ground have the right to file a lawsuit against the agency that is responsible for building the highway. This process is suitable for this case because it involves parties that do not know each other hence they cannot solve their problem through mediation or consensus building. Moreover, the conflict involves legal papers, which would be best solved through legal processes. The ruling provided by this process is fair and not biased to either party.
Arbitration process of conflict resolution is best suitable for a conflicting case between a city council and a local church congregation regarding protests in a city park. Arbitration is the quasi-judicial process where conflicting parties present their dispute before a neutral person for judgment. Both the church members and the city council might come to an agreement and choose an arbitrator to come up with a final judgment of the ruling. This process is suitable for this case because at the end of the case, the two parties abide by the ruling of the arbitrator. Moreover, the binding agreement creates unity between the two parties because they are dependant on one another in their daily activities.
The final case of a dispute between a labor organization and workplace management is best solved by consensus building. This process involves the introduction of a neutral person in a conflict between stakeholders and individuals in solving an issue by incorporating their efforts. The labor organization can solve their conflicting problems with the workplace management by building a consensus between the workers. This process is suitable for this case because the people are able to make their own decision, which opens lines of communication between the two parties. It is also beneficial to the participants because they final solution to the problem benefits both parties.
ADR processes are suitable for creating solutions in cases where there are conflicts. It involves conflict resolution processes such as arbitration, litigation, mediation and building consensus processes. Each process is suitable for specific cases of conflicts. Moreover, the processes are suitable in problem solving because the parties involved benefit at the end of their cases. Therefore, before using a specific method, the case has to be reviewed properly.