Title: Hospitality Low
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Hospitality low
Introduction
A report on advice to Anna and Jin concerning a client’s injury at Riverview where legal action is contemplated on. Legal action is a process of involving the court, or a lawyer is looking for justice against a case. The lawyer aims to solve the dispute between the parties. Most managers or employers do not know how to act when it comes to such a situation in an organization, including Ann and Jin. Formal and informal dispute resolutions are available for Jim and Anna to apply.
Formal Dispute resolution methods
Litigation method is a structured method that involves the court and the decision of the attorney. Once legal action is taken, and the case made to court, the court takes over have where the judge takes over, and the parties involved have no power over the matter. Litigation method is the best formal method since it follows all the court’s procedures concerning the law. Through civil litigation, judgement is made although the process might be too legal for petty disputes as well as expensive in hiring a lawyer.
Arbitration method is a formal method that involves the parties coming into an agreement in choosing a unique way of reconciliation instead of going to the court. Two or more arbitrators are selected to settle the dispute. (Bingham, and Nabatchi, 2019). This method useful when avoiding high and imprisonment through the court process, although arbitration is expensive since payment is made to arbitrators after offering the services.
Informal Dispute Resolution Methods
Mediation process brings the parties into an agreement through the use of a professional mediator or counsellor. The mediator works on leading the parties, for instance, Ann and Jin and the client into a mutual understanding. The final agreement through advice and decision-making process, leading to a voluntary agreement between the parties. The mediator is the most recommended method, cost-effective, advice as well as settlement is voluntary.
Negotiation method is between the parties in question discussing on themselves and coming into a final agreement. The negotiation process may involve advocates where, in case of any injuries, a compensation plan is agreed. Negotiation might take place an ethics office, especially if the incident took place in a working environment. Mediation is a peaceful way of solving the conflict, especially when done in an ethics office where professional ethics are considered and fair punishment rendered. Although negotiation can fail, especially if there is no third party. The parties fail to reach into an agreement which will lead to litigation.
Findings
According to the client’s case, the best method of conflict resolution would be the negotiation method. Making decisions on legal action means, the situation goes a lawyer or the court; therefore, Ann and Jin acting upon the case and deciding to cooperate would make things easier. Negotiation will involve the client and Ann and Jin coming into an agreement, also including an advocate or an administrator in the ethics office. Compensations are agreed upon, and clients take to hospital under the responsibility of Ann and Jin. Negotiation will minimize extra costs and huge fines from the court.
Conclusion
Dispute resolution is a required field that people need to be aware of. Formal and informal dispute resolution methods are available, used according to the agreement of the parties, as well as the situation at hand. Formal resolutions include litigation and arbitration, while informal includes mediation and negotiation and many others. Ann and Jin’s advice is us the Negotiation method before taking the case to court or before the client deciding on legal action. Negotiation will involve the two parties and a third party according to the agreement.
Recommendation
Ann and Jin immediate action to the situation is essential. Being concerned and talking to the injured client will delay and may stop the legal action contemplated. Among the other conflict resolution method negotiation as an informal method is applicable. Coming together and talking about the matter helps reach into an agreement. In case of the need of a third party, an advocate included or an administrator. Negotiation allows mutual understanding and fair judgement through a shared feeling of empathy.
Reference
Bingham, L. B., & Nabatchi, T. (2019). Dispute system design in organizations. In Handbook of Conflict Management (pp. 121-144). Routledge.
