Dispute resolution refers to the activity or process which helps in solving out the disputes between the two or more parties. It is the solution that helps in minimizing the conflicts or issues which are generally occur and arise. It can be solved by meeting the needs of one of the parties and addressing their interest. In business since it is referred to as fairness for all participants with the help of the third party. Companies also include the dispute resolution clause in their agreements with their employees that defines how disagreement is to be solved. A solution to the disputes includes negotiation, mediation, arbitration, collaborative, law, and litigation. The present essay is based on dispute resolution in the context of employee conflicts in the form of restorative justice in an organization. In this report, all the issues, principles, practices and the benefits, importance, and limits of restorative justice are also included.
The term restorative justice means the harm by crime or conflicts and those who responsible for the harm into communication enabling everyone affected by the incident to play a part in repairing that and finding a positive way for such type of incident. At the workplace, when conflicts arise and people experience inappropriate behavior at work, then such activities affect the relationship between them and the whole team is going to suffer from such issues.
Issues and solutions in the context of restorative practice:
Some of the major issues which are majorly finding out at the workplace are like abusing, inappropriate behavior, etc. all such factors arise the disputes between in the employees. This affects the business's effectiveness totally and some times the whole team is going to suffer from such issues. For solving out such issues dispute resolutions are used which helps in solving out the conflicts which occur. In this concern, restorative practice is used which helps in prevent this happening at the workplace and enabling all the employees and workers to work together in a well and appropriate manner.
In an organization, it is the major duty of a team leader to monitor out all the issues which arise between the employees. And another important duty of the team leader is just to sort out the issue which enables the whole company to suffer from such crises [ Allee T, Peinhardt C. Delegating differences: Bilateral investment treaties and bargaining over dispute resolution provisions. International Studies Quarterly. 2010 Mar 1;54(1):1-26.].
Another major issue in an organization is might be bullying and discrimination. This affects the behavior of an individual badly. Discrimination is an unlawful activity and it is considered as criminal activity. The person who did this activity is an offender and be punishable by the government according to the legislation.
Court and the board of the company play the role of the third party which helps in solving out such types of crises in an organization. By using the proper restorative approach it is helpful in meeting the change in transformational change in their lives.
While considering the restorative approach there are three main big ideas which an organization has to take into intellect-ion.
- Repair: Criminal activity causes harm so much and justice is the biggest thing that helps in recovering from the harm.
- Encounter: In this concern, both parties have to work together that how to do resolve such an issue.
- Transformation: This can cause the fundamental changes which occur in people, relationship and committees.
In the business sense, if in any firm an organization found that illegal activity is going on then they have to consider such ideas in this respect. Like if any kind of discrimination takes place the management has to work on such issues and repair the cause properly with the help of taking both parties together. This helps in the transformation.
Principles in governing the issues and the use of primary and secondary sources:
The foundational principle of restorative justice is as the following:
- Crime causes harm and justice have to focus on such issues through which the harm actually happens. So management has to work on such issues like discrimination,
- The person who gets affected by the activity has to actively participate in the process of resolution. It helps in making the activity effective and it becomes able to explain everything in a proper manner.
- The major task of the government/management is just to make proper order and law. And the communities have to build peace.
Management of each and every organization has to analyze the activity and the criminal offender who done that crime. Also, the person whom with that cause happen have to actively participate in the process of justice. This helps in creating the whole discussion successful and it also helps in finding out the needs of an individual with the help of the negotiation process which is to be included under the lawful activity [ Fassin D, Pandolfi M, editors. Contemporary states of emergency: the politics of military and humanitarian interventions. New York: Zone Books; 2010.].
The government imposed many laws and regulations with regard to employee benefits. They made laws and orders like discrimination acts etc, which states that each and every person should have to follow the decorum and always have to do the lawful act. All the statutory instruments, case law are considered as the primary source. In which employee benefits or the laws for a common person are