Independent College Dublin

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A collection of dissertations

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    A case study of the English language school market in Ireland
    ( 2019) Janet Reyna Cuellar
    This paper provides for an overview of the literature as pertains to sales negotiation tactics. Particular focus is lent to what makes such sales negotiation tactics successful or not. However, its true value lies in its attempt to uncover such effective sales negotiation tactics within one sector of the economy. The sector in question is the English language school market in Ireland. Results suggest that effectiveness in tactical approaches is to some extent dependent on the nationality, age group, and sex of the other party to the negotiations.
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    A critical analyses over the peace agreements signed by the UN regarding the aspect of participation on the UNSCR 1325/2000
    ( 2020)
    Is the aspect of participation from the UNSCR 1325 reaching the UN peace agreements in the same way as they are having provisions on gender aspect? Looking forward to answering this question, this dissertation used mixed methods to analyze it. Supported by theories of conflict, conflict escalation, conflict de-escalation and mediation process, along as the quantitative analyses of UN peace agreements before and after the UNSCR 1325/2000 was possible to verify that the UN is having better achievements over women’s provisions in peace agreements rather than being able to insert women in them. Who are keen to locate an adequate moment, to obtain the best outcome.
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    A critical analysis of conflict resolution through peace agreements based on the power-sharing model
    ( 2022) Marcela Otavio Guedes
    The last four decades have seen a reconceptualization of the term’s “peace”, “conflict” and “security”, as different forms of conflict have emerged, particularly since the end of the Cold War in the early 1990’s. These reconceptualization’s have brought about different studies, which have offered new forms of concept resolution tools and models aimed at assisting societies to end conflicts and achieve peace. The concept of power-sharing has two different models: centripetal and consociational respectively, both of which aim to establish conditions that enable the resolution of conflicts and the institution of peace in societies which are ethnically divided. ‘The Troubles’ in Northern Ireland is a very strong example of both the benefits and limitations of using a power-sharing model to establish and maintain peace in society. This work aims to investigate and analyse this conflict, with a view to explaining how the conflict emerged and endured over the course of more than thirty years; and how it eventually reached a point where a power-sharing model could be instituted, and lasting peace achieved, in a society which endured significant violence and trauma which is still remembered to this day.
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    A critical analysis of possible cross-cultural conflict in the workplace with an emphasis on communication.”
    ( 2020) DANIELA TIEMI YASSUTAKE ARAUJO
    This is the final dissertation of the Masters in Dispute Resolution at Independent College. The objectives of this study, as detailed in Chapter 2, were to investigate the types of conflicts that can occur in a work environment where English is not the language of one or both parties, to identify the sources and impacts of these conflicts and to propose ways for improving the management of these conflicts with a particular focus on communication. A survey was conducted a qualitative questionnaire, all structured on Google Forms platform, containing closed- and open-ended questions in order to gather all data relevant to this research. As primary research was conducted for this study, ethical issues arose and were accordingly addressed. The questions were designed in accordance with the purpose of the research and ethical requirements. Through the analysis of all data collected, the researcher observed barriers, conflicts and emotions participants have faced throughout their professional experiences. As result, the researcher identified that most of the participants believe that when cross-cultural conflict occurs, it may be caused due to a miscommunication. However, conflict may also occur for other reasons, such as different values and beliefs, emotional issues or religion. A better understanding by individuals about how to improve communication and express themselves well would help to improve outcomes in a negotiation process
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    A Critical Analysis of Reputation Systems as an Alternative to Consumer Online Dispute Resolution
    ( 2020) Suellen Ferreira Trigo
    This dissertation was written as part of the MA in Dispute Resolution at the Independent College Dublin (ICD). In this dissertation, there will be a critical analysis of three online dispute resolution platforms that address consumer disputes in different jurisdictions. This research will take into consideration the platforms’ structure and design, the services they offer, if they attend to principles that are determined in the EU ODR Regulation (due to the lack of a global framework), and their outcomes. This critical analysis will focus on whether those platforms embrace reputational tools and investigate the consequences of using it or not. This research aim is to respond the question if reputational tools can be an effective auxiliary to online dispute resolution of consumers’ issues and how it should be operated. Furthermore, in response to this argument, case studies of multiple sources have been undertaken, where the researcher analysed qualitative and quantitative data. From this, it can be concluded that those platforms that used reputational tools such as ratings, reviews, white and blacklists lists had registered more visitors and complaints than that one which does not use them. This leads to the confirmation that the research hypothesis with regards reputational tools can be effective auxiliary to consumer disputes in the online environment.
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    A CRITICAL ANALYSIS OF THE BENEFITS OF MEDIATION ON CHILDREN IN A DIVORCE PROCESS
    ( 2020) GIOVANNI GARCIA RODRIGUES
    The following dissertation made a critical analysis of the benefits of mediation on children in a divorce process, considering all the harms that a litigious divorce can cause. Following a mixed methodology, data from numerous and different authors and research related to the topic were analysed and collected. Topics related to the benefits of mediation, the harms of litigious divorce, the use of a psychologist as a mediator, among others. All the negative elements that a litigious divorce can cause for children were explored so that the benefits of using mediation could be clearly demonstrated so that the conclusion was reached that mediation is beneficial to avoid the trauma that a litigious divorce can cause. After analysing all the dates and literature, it was concluded that mediation could reduce or avoid the numerous harms that litigious divorce can cause, being based on the fact that litigious divorce is a stressful process for everyone and stress was considered a primary factor for It is the cause of the harm that divorce causes to children. Mediation is, therefore, the most beneficial conflict resolution method for children when their parents decide to divorce.
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    A Critical Analysis of The Scope of Confidentiality in International Commercial Arbitration
    ( 2020) NATALIA VIVAS VERONESE
    Arbitration has evolved over the years to be the preferred way for private organizations to settle conflicts. The presumption of confidentiality was one of the advantages that made this dispute resolution method attractive. This study evaluates how confidentiality is accepted in the international arbitration organizations and how the Courts apply exceptions to confidentiality. Also, this dissertation explores the principle of confidentiality in times of COVID-19 through online arbitration. To show how confidentiality and its exceptions are dealt in international institutions and judicial Courts, relevant cases law from different countries was analysed, and the results showed that confidentiality, although provided by law, is not absolute, and there is a hypothesis of exceptions. These results suggest that Courts and international arbitration institutions are likely to accept the exceptions of confidentiality when the case shows a relevant argument that cannot be put aside. On this basis, the concept of confidentiality and its exceptions should be taken into account when arbitration is chosen as alternative dispute resolution methods.
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    A Critical Assessment of Mediation Techniques in De-Escalating Interpersonal Conflicts in Brazilian Secondary Schools
    ( 2020) Suy Ellen Macedo da Silva
    Conflicts have proved to be a constant reality in Brazilian schools, multiculturalism and social issues have made the school, what should be a welcoming place of socialization and learning, a troubled space for the spread of prejudice, discrimination and social injustices. This study aimed to answer what are the main causes of conflicts in schools, what are the effects of these conflicts and how teaching conflict mediation techniques can help reduce interpersonal conflicts in schools. For this, the methodology used was qualitative and descriptive research supported by bibliographic sources and interviews conducted with 8 participants, teachers, students and director of the public education network. The results were analyzed based on the respondents' responses, as well as with the support of specialized literature reviews on topics. We can observe that the impact of these conflicts is mostly negative for those involved. There is, however, no consensus in the ways of conflict management in schools, some choose to dialogue while others still use punitive sanctions. But what is evident is that without addressing the problem at its source, it becomes more difficult to resolve and consequently the way is left open for the recurrence of these conflicts. The teaching of conflict mediation techniques is an alternative to deal with and seek a solution, but also as a tool in the prevention of these conflicts through the awareness of the whole school for the search for peaceful coexistence among all.
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    A CRITICAL REVIEW OF MEDIATION SERVICES IN NURSING HOME SETTINGS
    ( 2021) Anna Mary Thomas
    In the introductory section, a detailed discussion has been done on the reasons for which conflicts on go on been generated in a healthcare setting and hampering effective service provision. Therefore, most of the time, those conflicts end up meeting legal procedures that cause a huge financial burden and reputational damages to the involved parties. However, it is a known fact that conflict is irremovable where multiple interprofessional service providers work together as well as requirements are getting changed massively. In this scenario, the importance of a quick, flexible and humane approach is increasing which can be achieved through the successful implementation of mediation services. Thus, this chapter along with forming a detailed background of the significance of mediation services in a nursing home setting established relevant aims and objectives that will help in determining to what extent this particular service will be able to offer long-term solutions to the diverse conflicts generated in the healthcare sector. The second chapter of the literature review covered the features and subject matter related to conflict theories that proved to be effective in understanding the impact of the nursing practices that were designed and applied in a systematic way. The resolution of the conflicts within the nursing home settings was demonstrated and analysed. The effect of conflict upon the functioning of the nursing homes was discussed and analysed. The socio-ecological framework and its steps was covered in an efficient way. The critical and transformation theory was covered to discuss and analyse about the nursing practices that had to be executed in a perfect way. The necessity of incorporating the mediation activities in nursing homes proved to be significant. Secondary data collection method has been followed in this research where critical review of mediation services are done using thematic analysis. For this, interpretivism, induction approach, explanatory design and non-probability sampling strategy is considered to manage the inclusion and exclusion criteria of research paper for collecting sample. Moreover, limitation of the research are low budget and shortage of time.
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    A Critical review of multicultural conflict in the Republic of Ireland.
    ( 2022) Luiza Albuquerque Sousa Ramos
    The following dissertation was prepared as part of the Independent College Dublin's MA in Dispute Resolution programme. This work will present a critical review of literature about the history of immigration in the Republic of Ireland and how multiculturalism has been presented in this country. For millions of people, migration has always been a part of life. Massive people migrations across international boundaries, seas, and continents have influenced cultural values and lifestyles and altered ethnic and cultural characteristics in many nations. One of the most pressing issues in today's society is the need to strike a balance between cultural variety and social cohesiveness. A more diversified society has emerged due to several reasons connected to globalisation, with individuals of various faiths, languages, cultural values and lifestyles, and traditions and beliefs. Cultural variety may contribute significantly to the quality of life, conflict resolution, and human security, but it can also lead to social friction and conflict. Several countries have had this issue as a challenge in their policies. In some countries, this movement took place late, as, in the Republic of Ireland and other countries, this movement has happened with many conflicts. Each country has its immigration policy and its rules to legislate on. This work aims to briefly analyse this phenomenon through a critical literature review on the subject. Initially, the work will discuss the immigration process in the Republic of Ireland, followed by a reading of authors who discuss the issue of immigration and multiculturalism and how this has been the subject of conflicts and world debates. The experience of other countries will also be considered, in an attempt to analyse what are the other possibilities of dealing with the process, bringing multiculturalism as a possibility to welcome diversity, as in the case of Canada and Australia.
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    A critical review of the role of bias in workplace mediations dealing with bullying and harassment
    ( 2021) Elis Regina da Silva dos Santos
    Conflicts are inevitable and part of everyday life, as are conflicts in work environments; what sets us apart are the ways of dealing with them. Specifically, conflicts of bullying and harassment in the workplace can negatively affect both companies and employees. The human resources department, which deals with the company's human capital, can be a great ally in the resolution and prevention, using mediation techniques and tools to facilitate these internal conflicts. This study aims to critically review the role of bias in mediation, focusing on bullying and harassment conflicts. To achieve the objective, a survey was carried out to analyse the opinions and experiences regarding this issue with human resources professionals and mediators regarding conflicts in the workplace and bias. A questionnaire was created through the Google Forms website with seventeen questions, closed and open, to collect meaningful data for the research. Moreover, an interview was conducted through the Zoom videoconferencing platform. The study applied qualitative and quantitative methods and descriptive techniques and an inductive cross-sectional approach. Through data analysis, it was observed that mediation is a valid path as an alternative to disputes. However, mediation is also considered part of a whole process in bullying and harassment conflicts and not just the only strategy. Furthermore, professionals are aware of their biases. Concluding that conflicts in workplaces related to bullying and harassment and human resources professionals performing internal mediations is not the best approach and should be considered external mediators to ensure non-bias.
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    A critical review of the ‘Online Dispute Resolution’ (ODR) Platform and its impacts with online consumer trust.
    ( 2021) Diego do Nascimento Guimarães
    The innovations in technology bring opportunities to innovate and expand its application in the lives of billions of people. However, it brings several challenges to the market and the judicial system. The enormous amount of new transactions made daily in cyberspace through e-commerce generate a huge potential of conflict between consumers and business that might go unaddressed if not looked closely. The authorities in the field have been adapting themselves to better accommodate the new reality. However, these efforts to improve the system depend to some extent on the built of trust. Trust is a complex phenomenon and it is essential to the effectiveness of such efforts as well as to the success of electronic commerce. The Online Dispute Resolution (ODR) Platform has been created and implemented with several aims; among them: Boost the market growth, increase trust in online consumption (especially cross-border), and assure easy access to justice. However, it is necessary to assess if these goals are being accomplished in order to keep proposing changes to adapt the dispute resolution tools. This study uses the awareness and perception of online consumers towards the ODR Platform and the online consuming habits to measure and investigate if the results on consumers reflect the target initially aimed with the platform implementation. This analysis will allow proving or disproving the theory of this research and assess the impact of the ODR Platform with online consumers.
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    A Discussion on Concepts of Values, Needs and Interests in Mediation Theory.
    ( 2022) Diego Aparecido dos Santos
    Needs, interests, and values are maybe three of the most essential notions in mediation theory. Our objective is to explain these principles in accordance with some of the major thinkers of the recent decades. The bibliography will provide a theoretical framework to analyse the ideas of needs, interests, and values. Mediation is a kind of conflict resolution that involves a neutral mediator and two parties involved in the disagreement. Most mediators use some facilitative and some evaluation tactics, based on their particular talents and preferences. The research aims to discuss and elaborate the concepts of values, needs and interests in Mediation theory. It also aims to understand the value of concepts, interests and needs in mediation theory. Many arguments have negotiable interests as Roger Fisher and William Ury claim. Developing a strategy that is appropriate for a certain kind of disagreement is the first step in the process. When looking for a remedy, you must first understand the problem. It's possible to resolve conflicts between ideals and requirements in a constructive manner. For example, conflicting needs are typically addressed via problem-solving workshops. The Mediation theory's conceptions of values, needs, and interests. How the notion of mediation impacts and helps to develop conflict resolution at the national, macro, and micro levels. Findings of this study will help fill knowledge gaps that have been identified in the current literature. Research design is the overarching structure of a research endeavour. The two most common methods of doing research are the qualitative and quantitative techniques. Because it is less complicated and time-consuming than a quantitative research approach, the researcher decided to use a qualitative research technique for this particular investigation. Research may be carried out using either an inductive or deductive approach. Quantitative research lends itself particularly well to the deductive method of inquiry. The inductive research approach concentrates on qualitative issues and strives to foster new ideas, such as hypothesis-generation. Research participants have to be chosen arbitrarily from a huge population in order to calculate the appropriate sample size. Borges Migliavaca et al., (2020) contends that it is necessary to do sampling since it is difficult to communicate with a large population. The researcher will use sampling to make certain that only relevant studies are gathered for the analysis.
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    A Journalist Investigation into the perception and internal conflicts caused by the Climate Change's movements and the right to protest: An autoethnographic study.
    ( 2020) Sara Nunez Nettle
    In this dissertation I aim to analyse the impact of climate change protests in Western Societies and the Internal Conflict arising from public displays or disruptions in the modern world. Display of displeasure, it is understood that all outdoor expressions of protest are intended to demand certain considerations related to social life. In the case of disruption, it has been defined as an alteration or breakdown of the community (Ulrich 2016), created to prevent the “normal function of a system or process” (Cambridge English Dictionary). An internal Conflict has been described, by psychological and sociological studies, as a battle or a “struggle inside oneself when facing a dilemma that involves a moral or ethical decision” (McCallister 2019). The fight between what is considered right and wrong is presented in all of us when choosing one action above the other, and this internal turmoil can escalate to a highly complex issue, causing adverse effects on our quality of life. The necessity of people having the ability to demonstrate their thoughts and to express objection or disapproval towards a political idea, is seen every day in a variety of contexts. One example of this is the case of Extinction Rebellion, an environmental movement that has been publicly voicing their discontent with disruptive actions. The group considers a series of demands described in chapter 1, that include a governmental declaration of ecological emergency and generating environmental strategies to halt biodiversity loss. These demonstrations attempt to influence government policies and public opinion, regarding the negative impact of climate change. My study offers an autoethnographic vision into the conflict that arises within ourselves and reflects on our sense of belonging to a group or culture. Moreover, the internal crises that we suffer as individuals and citizens when defending our rights and common wellbeing.
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    A Philosophical Approach of Ethics and Common Good: Is it applicable in Conflict Mediation?
    ( 2022) Cleiton Soares Abrantes
    A Philosophical Approach of Ethics and Common Good: Is it applicable in Conflict Mediation?
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    A STUDY OF THE CONFLICT BETWEEN GENDER STEREOTYPING AND SELF-PERSONAL IDENTITY; ITS IMPACT ON MEXICAN WOMEN CAREER DEVELOPMENT AND MEDIATION STRATEGIES TO RESOLVE GENDER INEQUALITY
    ( 2020) EDLYN DENISSE GARCIA MORAN
    Gender inequality and stereotypes are constantly manifested in all areas of political, economic and scientific life in Mexico, impacting significantly on women’s career development, their career choices and their under-representation in STEM fields, along with one of the most lamentable consequences of sexism which translates into a concerning rise of femicides and domestic violence against Mexican women, which aggravated during the confinement, due to the COVID-19 pandemic, which broke out while this study was being carried out. The research used a cross-sectional analysis by gathering primary data using a quantitative method (survey research) to explore and examine the opinions, attitudes and experience of Mexican individuals in order to identify and explain the reasons behind the gender gap in STEM careers and leadership positions in Mexico. Social constructionism and expectations based on gender, which often have a conflictive relation with people’s own abilities beliefs and auto identification with gender roles, demonstrated to be the dimensions with a major impact on Mexican women’s career choices and their professional advancement. This study validated the hypothesis that the gender gap in STEM fields and leadership positions in Mexico is mainly caused by gender stereotyping and social expectations, which are based on an individual’s perceived sex. This research concludes with recommendations on the implementation of mediation strategies for conflict resolution in Educational Institutions and in the workplace in order to generate gender equality awareness, which will help to prevent and resolve conflict related to gender issues and which will ultimately reflect on a fairer society.
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    Alternative Dispute Resolution and Customer Experience in the Aviation Sector
    ( 2020) José Luís Rodrigues de Oliveira Herculano
    This work captures the trends in relation to Alternative Dispute Resolution in the aviation sector. It analyses mainly the experience of air travel consumers when facing disruptions that are described in the scope of the Directive 2011/83/EU on consumer rights, the Montreal Convention for the unification of certain rules for international carriage by air and the Regulation 261/2004(EC) on common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights in flights with departure or arrival in Irish airport or Irish airlines. So, this work aims to find out customers’ satisfaction in dealing with disruptions and their willingness to engage in ADR when facing a disruption in air travel. The consumers’ experience is data collected through a survey where it is analysed their profile, their level of satisfaction with the way airlines handled the disruptions, their awareness of air passenger rights and Alternative Dispute Resolution and which type of ADR they are willing to engage in the case a major disruption. This data is supported by a description of Alternative Dispute Resolution and Online Dispute Resolution and how these methods have been growing to the application in the aviation sector. There were many relevant findings in this research, such as the fact that younger consumers are more common users of air transportation than older consumers and a diversified group of participants were found to consuming the Irish service of air travel, being people from not only Ireland but also many countries in Europe and South America. Furthermore, the level of satisfaction was found related to compensation received by the participants and confirming trends observed by relevant studies that, in general, costumers are not aware of air passenger rights. It is not possible to affirm the same about ADR since the results collected were very balanced between participants that aware and not aware of ADR. Finally, it seems that, in general, once being presented the characteristics and advantages, consumers are willing to engage in ADR, mainly ODR, to resolve their disputes in the aviation sector. At the end of the work, a few recommendations were made to improve the main difficulties exposed by the participants exposed to air travel disputes, which were miscommunication and lack of information about their rights.
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    Alternative Dispute Resolution at Workplace – The Role of ADR in Modern and Traditional Organizations
    ( 2021) Merve Aybike Sahaner
    In today’s fast-pacing environment, conflict is an integral part of company culture. Since the late 1970s different concepts have emerged that help organizations to deal with conflict in the best possible way. One of these concepts that has proven to be helpful is alternative dispute resolution (ADR). While ADR focuses on the resolution of a conflict that is already at a later stage, it is part of a broader concept called conflict management system, which has gained increasing importance in recent years. In this research, using a qualitative interview methodology, the author focuses on the question what ADR means for organizations in the context of conflict management systems. Furthermore, it is discussed what the reasons are that some organizations implement ADR and conflict management systems and others do not. It will also be investigated to what extent the implementation of ADR and conflict management systems can lead to a better working culture. Based on the discussion of these questions, the author shows that a division into modern and traditional companies is not the decisive factor that determines the value of ADR and a conflict management system for organizations.
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    Alternative Dispute Resolution Principles as a factor to generate new investments in Ireland Post-Brexit
    ( 2020) Daniela Martínez Pinzón
    The following dissertation explores the role of Alternative Dispute Resolution in commerce in order to find whether it is an important element for the generation of new businesses and investments in Ireland Post Brexit. It also explores the possibilities for Ireland to become the new business hub of the European Union. Based on a pragmatic philosophy and through a mixed methodology, the relevant information was analysed, and professionals in the field were surveyed. All of this provided data of great importance to explore the aims and objectives, and to answer the questions of this research project. It was concluded that Alternative Disputes Resolution has an important role in business and in attracting new investments in a Post-Brexit Ireland, and that the possibilities of this country to become the new business centre of the European Union after United Kingdom withdrawal are favourable but not immediate.
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    AN ANALYSIS OF CHALLENGES AND DISPUTES AROSE AS A RESULT OF STAFF SHORTAGE IN NURSING HOMES IN DUBLIN
    ( 2022) JHESSEY LOURENÇO
    Background: Staff shortage in a healthcare environment remains a concern in a worldwide level, in a public and private management. This fact can be associate to several reasons to justify, but at the same time can bring some challenges and disputes due to this shortage, such as harm to the professional’s health and resident’s safety. Objective: The objectives of this study were related to assessment of the challenges and disputes that may arise due to shortage due to the shortage of staff in long-term facilities in Dublin, Ireland. It was further explored how these challenges and disputes can affect professionals who work in these places and residents who live in Nursing Homes. Methods: A cross-sectional study under a questionnaire containing 20 questions was developed using the 5-point Likert scale for better data analysis and distributed in an online platforms. Based on interpretivism philosophy, the data collected from fifth seven healthcare professionals working in nursing homes in Dublin. Conclusion: The findings revealed that all the participants of the survey have reported that the occurrence of understaffing on their workplace is considered at least frequent, resulting in an increase on workload, demotivation and stress level, turning to a snowballing effect causing more shortage of staff due to sickness or injures. The results even showed that in a staff shortage situation, errors related to medication, risk of fall and missed care events are more susceptible to happen, causing a rise on resident’s dissatisfaction as well. Management must address the roots of this shortage of staff and adopt resolute measures, promoting a healthy environment for professionals and safe facility for the residents.