Dispute Resolution and Legal Ramifications

Dispute Resolution and Legal Ramifications

Employment Protection Act

The Employment Protection Act is one of the laws that protect employees from wrongful termination. In Kareem’s case, this law is applicable because he was terminated due to his religious practices that made his workmates uncomfortable. Terminating Kareem’s employment violated the act since the reasons provided for his termination did not qualify as fair termination.

Title VII

Title VII protects employees from discrimination based on sex, race, gender, color, religion, or national origin (Rutherglen, 2015, p743). The law prohibits an organization from taking adverse actions against an employee based on these characteristics. Kareem’s termination was due to his religious practices, which his manager and team members felt were distractive.

Benefits And Risks of Direct Negotiations, Mediation, And Arbitration Between the Stakeholders

Mediations involve an appointed mediator. One of the benefits of mediation is that it occurs quickly, and a conflict may be resolved within a few days (Feinberg,1989, P.18). Also, mediation is flexible, which means that the ultimate solution to a negotiated agreement is not influenced by a third party. Also, the parties in a mediation may bring elements outside a contract to resolve their disagreements. On the flip side, mediation poses the risk of non-compliance since the enforceability of an agreement is not guaranteed.

In an arbitration, a third party serves as a judge between two conflicting parties. The positive aspect of arbitration is that they can negotiate on most aspects of a conflict, including whether lawyers may be involved (Goltsman et al., 2009, P.6). It is a less expensive process, just like mediation. However, the risk is that the decision reached is not subject to appeal.

Finally, negotiations only involve parties to a conflict. Since it is a private undertaking, the ultimate resolution remains private, safeguarding the reputation of all parties. For instance, if Kareem and his employer agree to terminate the contract, the company will not be seen to be discriminatory. However, the weaker party to a negotiation process has weaker bargaining power.

Risk Minimizing Strategies

One of the best strategies to resolve the conflict is to consider values and interests separately. This involves differentiating the problem and the individual, then considering one attaches to their positions. The negotiation should also focus on building a common ground and not a competition on who is right. By establishing a common ground with an aggrieved party, it will be easier to understand their needs. Further, directly confronting differences will be helpful since it will be easier to reconcile them and reach common ground (Green, 2013, P.36). Confronting differences may feel uncomfortable, but it is necessary to attain a common ground.

References

Feinberg, K. R. (1989). Mediation Preferred Method of Dispute Resolution. Pepperdine Law Review, 16(5), 2.

Goltsman, M., Hörner, J., Pavlov, G., & Squintani, F. (2009). Mediation, arbitration, and negotiation. Journal of Economic Theory, 144(4), 1397-1420.

Green, M. E. (2013). Painless Performance Conversations: A Practical Approach to Critical Day-to-day Workplace Discussions. John Wiley & Sons.

Rutherglen, G. (2015). Private rights and private actions: The legacy of civil rights in the enforcement of Title VII. BUL Rev., 95, 733.

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Prompt: Dispute Resolution and Legal Ramifications: In this final section, you will determine the best course of action for resolving the conflict and provide your recommendations for moving forward.
What laws are applicable in this situation, and how are they applicable? Support your response with specific examples.
Describe the benefits and risks of direct negotiations, mediation, and arbitration between the stakeholders. Support your description with specific examples.
Recommend appropriate risk-minimizing strategies for your conflict negotiations based on your analysis of potential means of dispute resolution and legal ramifications.