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ASSIGNMENT 2

BUSINESS LAW

All environment containing human interaction is likely to face


conflicts. In that sense, it is normal in a business situation that
threaten to destabilize the work environment and affect the culture of
the organization are presented.
Such situations that trigger labor disputes, which can be understood
as clashes between two or more parties resulting from multiple causes,
including disagreements, competing interests, divergent opinions or
lack of empathy among those involved.
To understand the nature of conflict is essential to identify the root
of the problem and acknowledge those involved in it, in order to
establish how they will be managed to reach an effective agreement.
Conflicts can be classified as functional (where available is
presented to dialogue and resolution, seeking the welfare of the
organization) or dysfunctional (in which productivity and good
performance of workers affected, jeopardizing stability the company).
In a functional conflict the leader serves as mediator and takes a
neutral position that calls for reconciliation and the search for
agreements. Good management of conflicts can become an engine of
change for the organization and an opportunity for improvement.
Some managers make the decision to act as mediators in the resolution
of these conflicts that arise among employees, some of these measures
can be:
Negotiation is the search for a peaceful solution to a conflict
through argumentation and cooperation between the parties. In
negotiating it seeks to develop a joint proposal to end the impasse.
Arbitration: a mechanism by which those involved assigned to a third
party known as an arbitrator to give solution to their dispute or
confrontation. The arbitration award must be accepted voluntarily by
both parties.
Mediation: a third party outside parties assumes a neutral position
towards the elimination of the dispute.
The mediator serves to bring the protagonists of the conflict and
support them in exploring a solution.
Conciliation is an alternative resource in which two or more people
try to fix discrepancies, autonomously and with all legal guarantees,
assisted by a third party called conciliator.
Amicable composition: alternative mechanism by which two or more
persons entrusted to one or more third parties who act as their
agents, the solution of the conflict that confronts them. These people
are called conciliators and have a prestigious career and moral
solvency to decide how disputes should be resolved.
In my opinion to act as mediators in a conflict is aimed at the
solution thereof and thereby improve relations and work environment,
however, it could be seen in some cases as an intrusion to privacy and
freedom of the employee who is their right to interact or not with
certain people.
But it depends on how they see employees and how the company involved,
the truth is that it could violate the rights if it becomes an
imposition