Understanding Conflict and Mediation

A conflict is defined as the disagreement, opposition or the collision between two or more people or even between people and organisations; it usually involves something that is serious and important but not of violent nature. It arises from the indifference of opinion or interest between the party resulting into a conflict that shows the incompatibility between them. A conflict of interest has arisen in this case where Josh has dismissed Regina on the grounds of poor performance while Regina while Regina reports that she was dismissed as she refused to go for a date. From this situation it can be analysed that the opinion of the parties for each other does not fall in a good place and that they need to opt for a mediation procedure to settle their differences. The concerned parties also wants to settle the issue by way of mediation where Josh or rather the company is willing to pay a sum of $10,000 to Regina while she is demanding for $20,000.

Running head: UNDERSTANDING CONFLICT AND MEDIATION
Understanding Conflict and Mediation
Name of the Student
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Author Note

1UNDERSTANDING CONFLICT AND MEDIATION
Question 1
A conflict is defined as the disagreement, opposition or the collision between two or
more people or even between people and organisations; it usually involves something that is
serious and important but not of violent nature1. It arises from the indifference of opinion or
interest between the party resulting into a conflict that shows the incompatibility between
them. A conflict of interest has arisen in this case where Josh has dismissed Regina on the
grounds of poor performance while Regina while Regina reports that she was dismissed as
she refused to go for a date. From this situation it can be analysed that the opinion of the
parties for each other does not fall in a good place and that they need to opt for a mediation
procedure to settle their differences. The concerned parties also wants to settle the issue by
way of mediation where Josh or rather the company is willing to pay a sum of $10,000 to
Regina while she is demanding for $20,000.
Question 2
The best possible agenda in this situation to call for a mediation session where the
parties along with the mediation office would sit face to face to negotiate about their issues or
concerns that they have against each other2. Josh must clear his side of the story that his
approach was only friendly in nature and that he was not asking for any other favour from
her. While Regina should convey her interest regarding the job that she absolutely love and
would like to continue it. In case, they do not agree with each other’s version of the
justification and claims, they could get down to negotiate with the compensation amount.
1 Davis, Michael. "Conflict of interest." (2015) 1-3 Wiley Encyclopedia of Management.
2 Moore, Christopher W. The mediation process: Practical strategies for resolving conflict. (John Wiley &
Sons, 2014).

2UNDERSTANDING CONFLICT AND MEDIATION
Question 3
The parties are available with certain approaches to resolve their concerned issue.
They could either to settle the differences between them to continue working in the same
office as colleagues. Josh must convey that his approach was only friendly in nature and that
he was not asking for any other favour from her. He must also let Regina know that he was
not capable enough to pay the compensation amount that she is asking for, and therefore
would like to like to take her back as an employee. On the other hand, Regina must inform
that that she loved the job and would like to continue it being a permanent employee and not
on trial basis anymore.
This way, the interest of the parties that is, for Josh to keep it away from public eye
and for Regina to be in the employee would be secured.
Question 4
In this situation, the parties should opt for BATNA or the Best Alternative to
Negotiated Agreement, which would prove to be beneficial here. It is nest alternative
resolution method that are accepted by parties in case a negotiation or mediation procedure
fails to settle the conflict between them. It us often seen as a leverage that the parties wish to
take in a negotiation procedure3.
By the help of BATNA strategies, the parties should be conveyed to form a ZOPA or
a Zone of Possible Agreement which is a bargaining range where the parties to the conflict
will bow down to each other’s interest and form an agreement to settle a dispute4. Here in this
case, Josh or the company could arrange for a position for Regina where Josh would have no
authority to intervene in Regina’s work and would not come in Regina’s way in the course of
3 Thompson, Leigh L., Jiunwen Wang, and Brian C. Gunia. "Negotiation." (2010) 491-515 Annual review of
psychology 61
4 Spangler, Brad. "Zone of possible agreement (ZOPA)." (2003) Beyond intractability. Conflict information
consortium. Boulder: University of Colorado

3UNDERSTANDING CONFLICT AND MEDIATION
employment. While, Regina could settle for such an arrangement with a lower or no
compensation amount as she is getting her job back. This arrangement could be their ZOPA
for settling their differences.
Question 5
It is clear from the interest of the parties that the company does not want to pay such
a lump sum amount to Regina for its financial condition is not good, while Regina too does
not want to lose the job for she has been unemployed for a long time before getting into this
company. Therefore, to match with the interest of both the parties, it would be the safest and
most reasonable strategy to place Regina back in the company, however in a different
position where Josh would not be able to intervene with her work. By adopting such an
approach, it can be presumed that the difference between the parties would be settled for
good if they do not get to intervene into each other’s business yet get their personal interests
heard. It could be a peaceful settlement between the parties.

4UNDERSTANDING CONFLICT AND MEDIATION
References
Books/Journals
Davis, Michael. "Conflict of interest." (2015) 1-3 Wiley Encyclopedia of Management
Moore, Christopher W. The mediation process: Practical strategies for resolving conflict.
(John Wiley & Sons, 2014)
Spangler, Brad. "Zone of possible agreement (ZOPA)." (2003) Beyond intractability.
Conflict information consortium. Boulder: University of Colorado
Thompson, Leigh L., Jiunwen Wang, and Brian C. Gunia. "Negotiation." (2010) 491-
515 Annual review of psychology 61