Non-Employment Conflict Management

Non-Employment Conflict Management

In both our personal and work lives, we negotiate to make decisions that are acceptable to everyone concerned (Wilmont & Hocker, 2007 p3). The decreasing volume of salmon in Wamayo River Basin has caused serious conflicts. There are different interest groups that have their own idea of how the Wamayo can be used. The environment groups want to preserve the wildlife and the commercial industry wants to use the water to increase business. Using an alternative dispute resolution to solve the conflict will allow all parties to save money on litigation cost. While mediation and negotiating are great alternatives, due to the nature of the conflict arbitration would be the best fit.

Potential Non-Organizational Conflict Identifications

Negotiation occurs in conflict resolution when the parties recognize their interdependence, have been able to establish their concerns, are willing to work on both incompatible and over lapping goals, have been able to establish enough power balance so people can “come to the table,” and when procedures are in place so people can talk to each other in a problem-solving way (Wilmont & Hocker, 2007 p3). Creating the policy to protect salmon in the Wamayo River Basin from extinction, while taking commercial development into consideration is a step forward in trying to avoid conflict. There is different special interest groups that stand behind each party involved in the Wamayo River Basin. Since the salmon fishing industry has declined there has been an increase in commercial activities. There are special interest groups that do not believe that this is a coincidence and are calling for policy to protect the natural habitat. Over the past two years dams have been built on three tributaries. These dams support the hydropower projects which provide irrigation water for the salmon farmers in the region. The Wamayo region is also a multi-million dollar timber and paper industry. There is enormous pressure from environmental groups and biological advisors to plan and create a policy to protect the Wamayo salmon and its habitat. The Wamayo Basin Management and Conservation (WBNC) Department was put in place by the federal authorities to create policy for water management. The conflict in this matter is between several different groups. First there are the environmental groups who want to preserve the waters for the natural habitat. Then there is the commercial industry that needs to use the waters to continue business. The farmers and timber industry too have a vested interest in the Wamayo River Basin.

Alternative Dispute Resolution Techniques/Risk Reduction

There are several different alternative dispute resolutions techniques that can be used in the case of the Wamayo River Basin. Negotiation is a process where the disputants attempt to reach a negotiated resolution of the disputes themselves (2007). Facilitation is a non-binding process where a neutral third party assists the disputant identifies issues in disputes and assists in the exchange of information. A facilitator does not address the substance of the dispute directly. There is no settlement unless both parties agree (2007). Mediation is a non-binding process where a neutral third party assists the disputants in not only indentifying issues and exchanging of information, but also addressing the substance of the dispute by exploring ways to resolve the conflict. There is no settlement unless both parties agree (2007). Arbitration is a binding process where a neutral third party holds a formal hearing and evaluates evidence presented by both sides. The arbitrator then renders a decision (2007).

In the case of the Wamayo River Basin arbitration would be the best form of ADR, for all parties involved. Each side could present its case and the neutral third party could render a binding decision.

Implementation Plan for Alternative(s)

New Jersey was an early leader in recognizing and promoting ADR principles in state government. Through its mediation and arbitration work, the office of Dispute Settlement have saved the state and private parties millions of dollars by resolving disputes with out costly litigation (2007). ADR procedures have been used successfully in the private sector for many years and have been more recently institutionalized by the federal government, state agencies and around the country (2007). When disputes between the government and the private sector are resolved outside the courtroom, citizens benefits. There is abundant evidence at both the state and federal levels that alternative dispute resolution, especially mediation, reduces cost and litigation (2007). Under the Administrative Dispute Resolution Act of 1998, the federal government has saved millions of dollars through the use of ADR techniques. The federal law requires each federal agency to adopt a policy encouraging the use of ADR. Wamayo River Basin Management and Conservation Department should implement an ADR structure to help resolve the issues at hand with the other interest group(2007). Just like the state of New Jersey WBNC should realize that ADR will allow the organization to mitigate cost by using an ADR instead of the cost of litigation. Arbitration between the interested parities will allow for a final binding decision to be made. Arbitration will open the floor for communication and each party can argue their point as well as offer facts to the arbitrator. Once the decision is made all parties have to abide