Conflict Resolution and Communication Strategies

This assignment delves into the dynamics of conflict resolution and effective communication. It examines the various stages of conflict, including latent, perceived, felt, manifest, and aftermath. It also explores sources of information during conflicts, highlighting legal advice, HR involvement, and government resources. The assignment further analyzes the elements of effective communication, such as clarity, approach, development, correctness, and style. It provides examples of open-ended and closed-ended questions and defines assertive behavior. Additionally, the assignment discusses record-keeping practices in conflict situations, emphasizing privacy considerations. It explores mediation as a conflict resolution method, providing relevant resources. Finally, it delves into win-win negotiation strategies and offers insights into effective communication during conflict.

AGENCY PRACTICE Task 1

TABLE OF CONTENTS
ASSESSMENT TASK 1.................................................................................................................1
Question 1...................................................................................................................................1
Question 2...................................................................................................................................1
Question 3...................................................................................................................................2
Question 4...................................................................................................................................2
Question 5...................................................................................................................................2
Question 6...................................................................................................................................3
Question 7...................................................................................................................................3
Question 8...................................................................................................................................3
Question 9...................................................................................................................................4
Question 10.................................................................................................................................4
Question 11.................................................................................................................................5
Question 12.................................................................................................................................5
Question 13.................................................................................................................................6
Question 14.................................................................................................................................6
Question 15.................................................................................................................................6
Question 16.................................................................................................................................6
Question 17.................................................................................................................................7
Question 18.................................................................................................................................8
Question 19.................................................................................................................................8
Question 20.................................................................................................................................8
Question 21.................................................................................................................................9
Question 22.................................................................................................................................9
Question 23...............................................................................................................................10
Question 28...............................................................................................................................11
Question 29...............................................................................................................................11
Question 30...............................................................................................................................11
Question 31...............................................................................................................................12
Question 32...............................................................................................................................13

Question 33...............................................................................................................................13
Question 34...............................................................................................................................13
Question 35...............................................................................................................................14
Question 36...............................................................................................................................14

ASSESSMENT TASK 1
Question 1
a)
There are three types of clients for an agency where the type of agency matters a lot. IN
case of advertisement agencies following three types of clients remains associated.
 Sales enablers
 Campaign producers
 Value creators
b)
The following ways assists in maintaining the effective agency-client relationship-
 Creating the space for collaboration
 Staying committed
 Staying focused
Question 2
a)
The communication barriers which can affect the relationships of agencies with clients
are listed as follows-
 Wrong non-verbal signals
 Improper use of questions
 Assumption without getting point of others
 Poor listening skills
b)
The communication is the most significant aspect to make the person feel comfortable.
However, it is the fact that people follow different culture and beliefs and accordingly they do
have different set pattern for the communication. Owing to this, culturally appropriate
communication facilitates to show the verbal and non-verbal respect along with proper listening.
Along with that, relevant information is shared between people. Communication between
nursing staff of NHS and service users reflects that culturally appropriate communication as they
shed light on speaking the standard language as English only. Another example of tourist guide
can be taken under which guide speak the native language of tourist or the standard one which is
easily understood by users.
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c)
The culturally diverse group require keen attention of the community in order to
understand their feelings and sentiments. Here, an example of African people has been taken that
this particular group is living in the local community. In this regard, translation of the language
can be done for their better understanding. For this purpose, people can be communicated in a
group or they can be made understand regarding their language with the use of translator.
Furthermore, they can asked to use the English as the standards language in order to clarify the
scenario. Thus, African people can also be communicated with the means of both non-verbal and
written communication.
Question 3
The ethical behaviour can be defined as the pattern to act in consistent way so that
individual living in society perceive it in the form of good value. It pertains the key morale
principles and respect such as dignity, fairness and honesty as well as individual rights.
Question 4
a)
The loyalty of client can be developed in the following three manner or by using the
below mentioned strategies-
 Offering discount
 Providing the quality services
 Making the informed choices
b)
The below mentioned things can be included into the loyalty program-
 Addition of free stuff
 Offering membership
 Keep on informing related to special offers
Question 5
a)
The client profile is the information package related to the client such name, profession
and aim as well as other related information. This enables agency to seek the important
information related to the client and accordingly better relation can be formed among them. For
example, a profile of client owing the hospital can be viewed by advertisement agency. This
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would be effective to provide the right kind of services in accordance with the requirement. For
example, agency will come to know about the exact profile that what kind of services are
rendered by the hospital so as to address the requirement of client.
b)
There are several benefits of the client profile which are explained as follows-
 Getting the exact information related to the client
 Offering the right kind of services
 Meeting the expectations of client through formation of better relationship
Question 6
 Formal meeting
 Feedback and follow up
 Informal communication
Question 7
New client can be sourced by forming the relationship with the use of social media
marketing strategies. For example, request can be sent the client via Facebook and efforts is put
to establish the relationship. On the other hand, personal call can be made to client so as to get
the information regarding client and acquiring what potential services he or she requires.
Question 8
a)
Anti-discrimination and equal employment opportunity-Anti-Discrimination Act 1991
(ADA) promote the equality in context of employment, education and accommodation. This
facilitates to stop the unfair discrimination and promote the freedom of a person.
Anti-money laundering-Financial Transactions Reporting Act 1988
Australian Consumer Law and Fair Trading Act 2012
Employee Relation Act 1992
National Environment Protection Act 1995
Public Record Act 1993
Victorian Civil & Administrative Tribunal Act 1998
Residential Tenancies Act 1997
Competition and Consumer Regulation 2010 and Estate Agents 1980
Work Health and Safety Regulations 2011
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Privacy and Data Protection Act 2014
Australian Consumer Law & Fair Trading Act 2012
b)
 The Property, Stock and Business Agent Act 2002 provide the new regulation or rules
related to license and certificate holders
 Agents must be known of fiduciary nature so as to clarify regarding the relationship with
the client.
 Property, Stock and Business Agents Regulations 2003 represents the 19 rules which
must be reviewed by certificate holders.
 Agents must acts acts in best interest of client as per the rule 6-9
 The agents associated with real estate must hold proper knowledge related to the fair
trading, trade practices and tenancy as well as privacy
c)
The agency can must align the state regulation on the basis of prevailing issues. In case
state regulations are not adopted then agency might work in an unethical manner. Owing to this,
agency must work on the basis of standards rules. Furthermore, clients and other related parties
or agents must be aware of the regulatory framework set at state level.
Question 9
Statue law-Australian Consumer Law & Fair Trading Act 2012
Common law-Property Law Act 1958
Contract law-Sale of Land Act 1962
Equity-Law and Equity Act
Law of Torts-Tort Law for Legal Assistant 2003
Question 10
Principle legislation
 Defence Legislation Amendment Act 2015
 Australian Citizenship Act 2007
Subordinate legislation is the legislative instrument made by authority holding necessary
power which can also be defined through Statutory Instruments Act 1992 in the form of subset of
statutory instrument. Some of the common legislation covered under the same are; rules, by laws
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and regulation made by the Governor in Council as well as proclamation which results in
offering the commencement of provision of an act.
Question 11
a)
Three sites from where information of Commonwealth or state legislation have been
accessed are listed as follows-
http://www.australia.gov.au/information-and-services/public-safety-and-law/legislation
http://www.australia.gov.au/about-government/publications/commonwealth-legislation
https://www.jcu.edu.au/accessability-services/overview-of-commonwealth-and-state-legislation
b)
National Archives of Australia (NAA)
Attorney-General's Department
Federal Privacy Commission
The websites are mentioned as follows-
http://www.naa.gov.au/information-management/information-governance/legislation-standards/
index.aspx
https://training.gov.au/Training/Details/CPPDSM4080A#
https://training.gov.au/TrainingComponentFiles/CPP07/CPPDSM4080A_R1.pdf
Question 12
a)
An estate agent is convicted of fraud then action would be taken in accordance with the
Legislative Instruments Act 2003, The Criminal Code and the Crime Act 1914 and Public
Service Act 1999.
b)
The issue can be resolved on the basis of following legislation-
 Residential Tenancy Act 1997
 Residential Tenancies Act 1997
c)
It is unethical involve the relatives in the auction procedure for push up the price of
residential property. Owing to this, decision can be taken on the basis of Sale of Residential
Property Act 2003.
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Question 13
a)
The major purpose of Australian Consumer Law and Fair Trading Act 2012 (Vic) is to
protect the right of customers by any kind of unethical practices or work of the businesses or
salesman. It basically deals in the complaint handling procedure of the customers and protect
their right to raise the queries.
b)
The law of Australian Consumer protection started or commenced in 1 January 2011 with
the replacement of varied consumer law across the states, territories and commonwealth.
c)
Low value gods refers to the goods which as value less than $1000 in case of motor
vehicle and $200 in other case.
Question 14
There are several sources which help a person or business to understand or interpret the
legislation. For example, accountant or HR of the organization get the detail information related
to regulatory framework and made the same clear to management of the business. In addition to
this, interest and other related articles published by government and industry bodies are helpful
to get the information related to legislation.
Question 15
There are some common issues which are encountered at the time of interpreting the
legislation. For example, businesses do not get the specific document related to the particular
regulation and do not understand regarding the specific requirement. However, legal adviser can
be hired to make everything clear but financial constraint do affect the same.
Question 16
a)
Literal rule is sort of statutory construction which represent that workers must showcase
the ordinary and plain meaning. This rule is applied for the purpose of interpretation of statue
which is applied first by the court.
b)
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Mischief rule is applied under the English court for the purpose of interpretation of law.
This aids to find or determine the defect under the remedy provided for the innocent party by
focusing upon effective ruling for implementing the remedy
c)
Golden rule is also known as the British rule which aids to depart the judge from the
normal meaning of the word to avoid illogical results.
d)
Purposive approach is applied for the purpose of law so as to interpret the common law
courts.
Question 17
a)
The new legislation are formed by finding the mistake or inappropriateness in the current
regulation. It is the understood with the demand of current situation so as to change the
regulation to form the new one.
b)
The consequential amendments are made in accordance with the consequences or
situation which give rise to change the current regulation for the well being of general
community or businesses.
c)
The agency must ensure to have formal and informal communication with its staff
members. The staff members must be provided manual hand book and electronic data for the
making them aware related to changing rules and regulations.
d)
In case up-to-date knowledge is not maintained then agency can be sued by innocent
party or government body can also take the legal action against the same. It might also be
possible that they cancel the license of such kind of agencies.
Question 18
a)
The Australian Consumer Laws which was commenced in the year 2011 was amended or
brought up with necessary changes in 2016. It has direct impact on the operation of agency as
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management need to incorporate the changes and significant impact of the same can be seen on
entire real estate sector.
b)
The following mentioned aspects are considered in case of exclusion of provisions-
 In case buyers or franchiser do not have proper or reasonable time then provided a right
to franchisee to terminate the agreement
 In case of franchiser failure, franchisee deemed to be unsecured creditor
Other substantial changes are listed as follows-
 All the alteration which made prior the process of disclosure
 Any kind of substantial changes which took place to the form of the document related to
the disclosure.
 Requirement related to capital expenditure for franchisee was strengthened.
Question 19
a)
An industry code is four digit number which is applied for the classification of different
types of industries. It helps to group the companies of similar nature in one.
b)
There is significant difference between industry code and legislation as the former one
aids to define the industry. On the other hand, legislation represents that regulatory framework
which must be applied by the industry of country for the ethical conduct.
c)
The industry code varies according to each sector and code are allocated as per the notice
of government.
Question 20
The minimum risk associated with compliance with legislation, regulation and codes of
conduct are listed as follows-
 Unethical conduct of the business
 Poor goodwill
 Low client base
Strategies to manage the risk
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The risk can be managed by taking the legal advice and accordingly handle each situation
associated with the risk.
Question 21
a)
The standards for risk management in Australia are listed as follows-
 Changes in code of conduct
 Warning signs of fraud
 Identification of clients
The mentioned standards help agency to take the corrective action and do the needful to
ensure the well being of associated parties. This reduces the level of risk to the zero and meet the
expectations of clients and agency.
b)
As per the standard risk defines as any obscure or obstacle faced by the client or agent
from the particular deal. This affect the deal to a great extent.
c)
Risk management is the process containing several strategies to provide suitable solution
for reducing the risk associated with the project.
d)
The benefits of risk management can be perceived in term of successful deal, clear
communication and higher rate of return for the parties associated with the deal.
Question 22
a)
There are following potential impact of risk-
 Low level of satisfaction among client
 Loss of the client and agent both
 Possible of increase in the price of house
 legal issues
b)
An injury caused to agent's representative would not have significant impact on the deal
taking place between client as it is the prime responsibility of agent to assign another person and
provide the reasonable care of the injured one.
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An agent is not entitled to make any personal profit without giving notice or information
to vendor. It provides an authority to vendor to take the legal action against agent.
The third situation will affect the agency and client relationship to a great extent because
of lack of clarity in the deal.
c)
The external sources are risk are listed as follows-
 Entrance of another client
 Impact of legislative framework or amendment in any regulation
 Changes in the requirement of clients
d)
Three internal sources of risks are explained as follows-
 Fraud of client
 Miscommunication among clients and agent
 Ineffective implementation of regulaotory framework.
Question 23
a)
Vendor might be sued by the client in case appropriate services are not referred. For
example, in case he provided the wrong information then client has right to sue him.
b)
Purchasers might be sued by the legal body in case unethical goods or services are
purchased.
c)
Landlords who are offering unethical services by owing the illegal property can be sued
in accordance with the set regulation.
d)
Tenants will have the same kind of risk if they reside in such kind of risky or illegal
property.
e)
Employees are obliged to implement or follow the regulation effectively. They might lose
their job if they do not follow.
f)
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General public get affected due to overburden of taxes and changes in the regulations.
Question 28
The client relation and conflict resolution procedure can be applied by listening the views
of both parties and then taking action as per the regulation framework. This would be effective
take the right decision.
Question 29
a)
The cause of conflict are mentioned as follows-
 No clarity regarding the deal
 Lack of communication
 Misguidance
b)
The personal attribute which can influence a person to respond to conflict is his attribute,
perception and behaviour. It reflects that how calm a person is and how effectively he is treating
with another party in case of the conflict.
c)
The social and cultural differences impact the conflict situation because of varied
assumption, beliefs and set value of the parties. For example, an American might not be able to
understand the meaning of what Indian is saying. This happens because of language issue.
Question 30
a)
The states of conflict are listed as follows-
 Latent conflict
 Perceived conflict
 Felt conflict
 Manifest conflict
 Conflict aftermath
b)
There are several sources from which the information can be access in case of conflict
situation. These sources are explained as follows-
 Legal advise
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 HR of the organization
 Any government or responsible body
Question 31
a)
The elements of effective communication are listed as follows-
 Clarity
 Approach
 Development
 Correctness
 Style
b)
Example of open ended question-
 Your name______________________
 What specific requirement you have towards the brand you are preferring
Example of close ended question
Do you interested in purchasing the property?
 Yes
 No
 Can't say
Would you be able to remain loyal towards the brand?
 Yes
 No
 Can't say
c)
Assertive behaviour refers to opinion and state of people who usually take care of right of
others and accordingly act in his best interest without any kind of anxiety.
Question 32
a)
It is very important to keep record of what happens in the conflict so that accordingly
management can think of the same situation so as to get the favourable outcome for the incident.
Furthermore, record keeping will help to find the results of the or cause of the conflict.
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b)
The information related to reason of the conflict, responsible person and negligent cases
etc should be recorded.
c)
The Privacy Act 1988 can be considered for storing the information related to client.
Question 33
a)
The mediation aids to resolve the conflict in relatively less time span and make the faulty
party understand related to the prevailing typical situation. Furthermore, mutually satisfactory
outcome are derived along with high rate of compliance.
b)
 Family dispute resolution
 Mediation services Adelaide
 Australian Mediation Association
Question 34
a)
 Listening both parties
 Asking parties for formal communication
 Providing remedy for the innocent party
 Seeking for the mutually satisfactory outcome
b)
It is considered as the particular position or idea for which a person is arguing
irrespective of underlying interest. This proves to be effective to win the argument.
c)
This kind of strategy is applied for developing the mutual understanding and working for
interest of party which got affected from the conflict.
d)
Win-win negotiation take place for the well being of both parties under which both get
benefits in accordance mutually derived outcome.
Question 35
Estate Agents Resolution Services (EARS)
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Steps-
 Make complaint through email, fax, post and telephone
 Handling the complaint by listening the parties.
 Taking time to understand the scenario so as the reach to the solution
 Taking the actions
Question 36
a)
 Standard language by considering the culture of another person
 Facial expression
 Written aspect
b)
 Applying right communication style
 Follow the appropriate negotiation style
 Apply the learned lesson from the past events
 Focus on team dynamics
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