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 included.
According to the secondary sources, a company can consider academics books, articles that are helpful in creating a clause of their own. Like firms consider the restorative approach clause in their agreement which signifies that they consider the secondary source while creating their rules and regulations of the organization.
An overview of restorative justice is as follow:
- It enables a different manner of thinking about the crime with the response towards the crime.
- It also helps in sorting out the criminal offense without the interruption of court and helps in creating special laws for future prevention.
- It requires offenders to take responsibility for the harm which they actually have made caused.
- It helps in forming the redress for the victim and reintegrate both the person offender and the innocent within the community.
- An organization also needs some cooperative efforts by the communities and the government. So, the decision can be peacefully accomplished.
Nature of the dispute resolution and restorative justice:
The restorative approach can also be used proactively and in a preventative manner so that a strong and positive relationship can be built at the workplace. Staff meetings etc. helps in creating a positive relationship along with mutual respect towards each other.
According to...., dispute resolutions help in sorting out the issues which generally taking place in the organization with the help of the third party. It helps them in making the negotiation process as well as the mediation process, this enables both parties to sort out their issues with the help of another one [Lande J. The Revolution in Family Law Dispute Resolution. J. Am. Acad. Matrimonial Law.. 2011;24:411.]. The third person decision is final within the favor of the innocent one.
It is truly focused on the one issue which is arising and its nature is narrow. Due to largely focus on one issue along with its resolution.
On the other hand, restorative justice is a wider concept and it helps in building a better relationship. It enables all the employees and the person to find out an appropriate manner to find out the best positive way of work. Thus it includes the whole organization which helps in finding out the suitable decision. That's why it is helpful and beneficial for an organization. A restorative based entity helps in promoting the safer, healthier and happy environment at the workplace.
Relation of restorative justice with criminal justice and dispute resolution:
In restorative justice, it means when a group of people will going to take the decision for a common crisis. It helps in making the decision effective and helps in making the right compensation. The major relation with restorative justice with criminal justice is that in the jury of court many judges take a decision for an individual who attempts the crime as the same in restorative justice. This helps in making the decision effective because the number of a person come together for making a common conclusion.
In the dispute solution, the decision making autho0rity is based on the two-three person. The solution is taken on the basis of criminal activity. The decision making power is related to the third person. It helps in making the judgment effective because maybe the third person does not have any concern or relation with both the parties. So, this makes the judgment effective.
Both the methods are related to restorative justice like in such a manner:
- In restorative justice, a decision is taken with the help of getting a number of persons who might be related or not related to the issue. As some in the criminal justice and dispute solution, judgment power is related to other people.
- Dispute solution is the process where a major decision is taken to sort out the issue and the offender is transferred into the rehabilitation for improving all such its activities. In restorative justice, both the person are taken into the same community to maintain better relation.
Different range of disputes and their solution:
Disputes generally arise due to change in thinking, change in mental ability, change in attitude. If all such points are included in the one report then, it is analyzed that the main reason behind the disputes is all people differ from each other. They all see things differently, their wants are different and whole expectations are different from each other. Hence, it is the main reason behind the disputes which occur and made the deviation between the various group of people.
Now in any organization some leading conditions which arise the conflicts are as follow:
- Conflict of interest: All people in any business firm have different nature and they all belong to some different backgrounds. It leads to making their interest are also different from each other.
- Communication barrier: Sometimes the main reason behind the conflicts in the business entities is the lack of communication. Two-person will not be able to solve their issues by proper communication [Dung PM, Thang PM. Towards (Probabilistic) Argumentation for Jury-based Dispute Resolution. COMMA. 2010 Aug 5;216:171-82.]. Then it becomes the major reason behind the issue.
- Unresolved prior conflicts: It is being termed as the main reason because most of the time employees do not sort out their issues and in the future, they will going to suffer some more conflicts between them. Such past unsolved issues create a barrier between each of them.
There are mainly two types of theories which affect an organization totally:
i) Traditional theory
ii) Contemporary theory
All problems can be sorted out by using the appropriate methods which help in reducing the barrier and conflicts in the organization. There are different ways through which the conflicts situation can be deal in the proper manner:
- Fight: If there is any issue arise among the employees, so, they have to fight with each other and start arguing with each other. Thus it helps them in solving out all the issues between them along with that their communication gap also gets minimize.
- Negotiate: Negotiation is the best suitable method through which all the issues and conflicts can be easily sorted out. Thus it helps in securing the interest of both the parties.
- Solve the problem: Another important term in this concern is the solve the problem method. By using the proper communication method, it is helpful in solving the problem between each and every prospect of society.
- Design: The structure of the company also helps in solving issues like if the organization is following the restorative approach it helps them in solving out their issues with the help of the committee. Thus it also helps them in taking care of each and every person interest [Carneiro D, Novais P, Andrade F, Zeleznikow J, Neves J. Using case-based reasoning to support alternative dispute resolution. In Distributed Computing and Artificial Intelligence 2010 (pp. 123-130). Springer Berlin Heidelberg.].
Limitation of restorative justice with its benefits:
- The major limitation of this approach is that a group of people is making a decision so the decision is totally related to the majority. Hence, it leads to changing the behavior of others due to dissatisfaction.
- Another limitation of this approach is that the decision making power totally depends upon the number of people. If the number of employees is against an individual, then the dissatisfaction of that person is again arising the conflicts. Which is not good for the whole unit.
- It helps in reducing the interest of an individual.
- Decisions are taken by the others so it is quite helpful in making a fair judgment.
Restorative justice is helpful in intake care about the whole business unit and helps in making the teamwork effective. It also helps in minimizing the issues which occur and leads in making friendly behavior with each other by using a systematic manner in which both the parties are working together into one community.
- Allee T, Peinhardt C. Delegating differences: Bilateral investment treaties and bargaining over dispute resolution provisions. International Studies Quarterly.
- Bacow LS, Wheeler M. Environmental dispute resolution. Springer Science & Business Media.
- Carneiro D, Novais P, Andrade F, Zeleznikow J, Neves J. Using case-based reasoning to support alternative dispute resolution. In distributed Computing and Artificial Intelligence 2010
- Dung PM, Thang PM. Towards (Probabilistic) Argumentation for Jury-based Dispute Resolution. COMMA.
- Fassin D, Pandolfi M, editors. Contemporary states of emergency: the politics of military and humanitarian interventions. New York: Zone Books.