Introduction
ABC Corporation is a company focused on its call center’s quality work. A former employee who was fired due to the need to pray often charged the company with religious intolerance. Several solution methods could be used to resolve the dispute: negotiations, mediation, and arbitration. The misuse of dispute resolution methods has led ABC Corporation to potential litigation.
Dispute Resolution
Negotiation
Negotiation is a process in which the parties come to a mutual agreement. The advantage of this method is the possibility of quick resolution. The lack of an impartial view can be considered a risk to the methods. For example, Thomas from ABC believed that he fired Kareem rightfully, while the former employee saw no wrongdoing on his part. The law does not regulate the legality of dismissal due to special religious needs (U.S. Department of Labor, 2023). In this case, it was necessary to initially establish communication and come to a solution to the controversial concept.
Mediation
Mediation is a cycle in which an impartial third party helps the stakeholders reach an agreement. The ombudsman is an independent party charged with handling a complaint and is responsible for objectivity and confidentiality (Nikfarjam, 2015). The advantage of this type of dispute resolution is impartiality in finding a solution. Risk is the probability of sympathy for the intermediary of one of the parties. In the example under discussion, an independent mediator clarifies the situation on behalf of Kareem, the first to apply, and may unconsciously take his side in the conflict.
Arbitration
Finally, arbitration involves a full trial and a formal decision. The advantage is legal transparency, but the risks include the long-term solution. The court may not take the employee’s side, even if the workplace conditions were not fixed in the contract (Smith, 2015). If Kareem resorts to arbitration, the processing time can be lengthy and involve significant material costs.
Conclusion
In conclusion, the parties may resort to negotiation, mediation, or arbitration to resolve the dispute. Negotiation is the least time-consuming and financially beneficial resolution method. The dismissed employee has already resorted to the help of an intermediary. If the mediator does not help resolve the issue, arbitration will be necessary. Arbitration is a long and costly process that will not necessarily side with the former employee.
References
Nikfarjam, P. (2015). The rise of the workplace ombudsman. Canadian HR Reporter, 28(12), 14-17. Web.
Smith, J. (2015). Challenge of contract provisions a no-go for Nova Scotia engineer. Canadian HR Reporter, 28(7), 5-16. Web.
U.S. Department of Labor. (2023). Summary of the major laws of the Department of Labor. Web.