ANALYSIS OF THE USE OF MEDIATION IN RESOLVING WORKPLACE CONFLICTS
ANALYSIS OF THE USE OF MEDIATION IN RESOLVING WORKPLACE CONFLICTS
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Date
2022
Authors
MESANG LYDWINA NDELLEJONG
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Abstract
The following dissertation was written as part of the MA in Dispute Resolution at the
Independent College Dublin (ICD). During this dissertation, a critical analysis of the use of
mediation and other Alternative Dispute Resolution methods to resolve workplace conflicts.
This research will consider the challenges, difficulties, and limitations experienced by the
parties involved in workplace disputes, the alternative methods available to solve disputes
that arise in the workplace, and how efficient mediation is to resolve such disputes. The
critical analysis will focus on how mediation is used to resolve workplace conflicts such as
bullying. Harassment, discrimination, and employers use to this mechanism. This research will
also examine other ADR mechanisms such as Arbitration, Negotiation, Conciliation, we will
also examine the stages involve when resolve a dispute through mediation (Frenkel and Stark,
2008), the weaknesses and the strength of using this ADR mechanism, the advantages of ADR
in resolving conflicts, the outcomes of using mediation.
Also, this research work will present critical reviews on the use of this process and how other
scholars have observed. The methodology which will be used in this work will be purely
academic bibliography that is it will be based on a constructivist philosophy approach. This is
to say, it will examine mainly what others have written on the use of mediation in resolving
workplace conflicts.
All the difficulties faced by the parties involved in terms of limitations, the unique
characteristics of these disputes, and the orientation of the principles, approaches, and
declarations in using alternative methods and mediation demonstrated that alternative
dispute resolution is a good choice to resolve workplace conflicts especially with the
abundance of advantages it has.
Mediation is essential and valuable because it can guarantee a good relation and
co operation between the parties in the future, and arbitration, even with no high number of
cases been resolved by this method, seems to help cross border disputes.
Keywords: Alternative Dispute Resolution (ADR), workplace conflicts (WPC). Workplace
Relation Commission (WRC)
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LYDWINA NDELLEJONG, 2022