Arbitration and Negotiation
Arbitration and Negotiation
Presenting by,
Mohana sundari.M
Sajitha begum
Ramya Ravichandran
Sasikala
Pratheeba
LABOUR RELATION
MEANING
Shared goals
Shared values
Shared learning
Shared effort
Shared communication
LABOUR RESPONSBLITY IN PRODUCTIVITY
Human aspect of production efficiency:
• Active participation
Green ban
A green ban is a strike that is done to
get the company to adopt more
environmentally friendly practices.
LOCKOUTS
Definition
• Industrial action during which an employer
withholds work, and denies employeesaccess
to the place of work. In effect, it is a strike by
the management to compel a settlement to a
labor dispute on terms favorable to the
employer. When lock out action is taken by
several employers in concert, it is called a joint
lockout. Also called shut out.
ARBITRATION AND NEGOTIATION
• Arbitration, a form of alternative dispute
resolution (ADR), is a legal technique for the
resolution of disputes outside the courts.
• It is a resolution technique in which a third
party reviews the evidence in the case and
imposes a decision that is legally binding for
both sides and enforceable.
• Other forms of ADR include mediation (a form of
settlement negotiation facilitated by a neutral third
party) and non-binding resolution by experts.
• Arbitration is often used for the resolution of
commercial disputes, particularly in the context of
international commercial transactions.
• The use of arbitration is also frequently employed in
consumer and employment matters, where arbitration
may be mandated by the terms of employment or
commercial contracts.
TYPES OF ARBITRATION
• Binding arbitration
• Non binding arbitration
• Court Appointed Arbitration
• Independent Arbitration
• Binding Arbitration: The parties agree to
waive their right to go to court for a judicial
decision which is binding by the arbitrators
ruling.
• Non-Binding Arbitration: The parties have the
discretion to abide by the arbitrator's decision
or seek other venues.
• Court Appointed Arbitration: Is just that ordered by
the court. The judge elects an arbitrator of their
choice to hear and render a ruling – which by the
way is binding.
• Independent Arbitration: Some have connected this
form of arbitration with names like dispute
resolution, ADR, debt settlement, debt arbitration
and debt negotiating to name a few. However, with
this type of arbitration you will notice vast
differences.
NEGOTIATION
• Negotiation is a dialogue between two or
more people or parties, intended to reach an
understanding.
• Negotiation is a process where each party
involved in negotiating tries to gain an
advantage for themselves by the end of the
process.
• Negotiation is intended to aim at compromise.
• Professional negotiators are often
specialized, such as union negotiators,
leverage buyout negotiators, peace
negotiators, hostage negotiators, or may
work under other titles, such as
diplomats, legislators or brokers
• In arbitration, both sides make an
argument as to the merits of their case
and the arbitrator decides the outcome.
• Negotiating strategies:
<> Distributive strategies
<> Integrative strategies
DISTRIBUTIVE NEGOTIATION
• Distributive negotiation is also
sometimes called positional or hard-
bargaining negotiation.
• It tends to approach negotiation on the
model of haggling in a market.
• Distributive negotiation is also
sometimes called win-lose because of
the assumption that one person's gain
results in another person's loss.
INTEGRATIVE NEGOTIATION
• Integrative negotiation is also sometimes called
interest-based or principled negotiation.
• It is a set of techniques that attempts to
improve the quality and likelihood of negotiated
agreement by providing an alternative to
traditional distributive negotiation techniques
• Integrative negotiation often involves a higher
degree of trust and the forming of a
relationship.
• It can also involve creative problem-solving that
aims to achieve mutual gains. It is also
sometimes called win-win negotiation.
Negotiation Tactics
• Tactics include more detailed statements
and actions and responses to others'
statements and actions.
• ADVERSARY OR PARTNER?
In the distributive approach each
negotiator is battling for the largest possible
piece of the pie, so it may be quite
appropriate - within certain limits - to regard
the other side more as an adversary than a
partner and to take a somewhat harder line.
A good agreement is not one with
maximum gain, but optimum gain.
• Employing an advocate
A skilled negotiator may serve as an
advocate for one party to the negotiation.
The advocate attempts to obtain the most
favorable outcomes possible for that party.
NEGOTIATION STYLE
Accommodating
Avoiding
Collaborating
Competing
Compromising
• POSITIVE EFFECT IN NEGOTIATION