MAC3703 ASSIGNMENT 3 – SEMESTER 2 OF
2020
QUESTION 1
(a) Benefits of using Alternative Dispute Resolution (ADR)
Alternative dispute resolution refers to all the techniques and procedures that can be
used to help the parties to solve their disputes without necessarily going to court.
This can be done with the help of a third party or without the help of a third party. In
South Africa this can be done through negotiation, conciliation, mediation and
arbitration.
The CCMA is one of the routes which can be used for ADR. This is a statutory body
that was established to address disputes launched by individuals at no cost without
necessarily requiring legal assistance. Later on the process of conciliation has been
made compulsory as a first step before going for other adjudicative processes.The
basis for solving disputes for the CCMA are mainly conciliation and mediation. The
functions of the CCMA include conciliating workplace disputes and arbitrating certain
categories of disputes remaining unresolved after conciliation and establishing
picketing rules.
Trade unions also play an important role in ADR as they involve in collective
bargaining with the employer prior to escalating disputes. Salaries and working
conditions are first negotiated prior to escalating disputes. The trade unions work as
workers representatives and they can also engage employers and negotiate to solve
any disputes involving their members when required. This provides both the
employer and the employee with an opportunity to solve the dispute without
involving the courts all other legal routes.
Benefits
➢ Usually less costly for both parties compared to court procedures as court
procedures may end up causing serious financial setbacks for both parties;
➢ ADR is more flexible considering that the courts strictly apply the law whilst ADR
tries to seek an acceptable outcome for both parties sometimes without strict
application of the law;
➢ There is confidentiality as ADR processes usually occur behind closed doors
whereas court processes may be in the public glare which can damage the
reputation of both parties;
➢ The ADR can be held at convenient times which will not disrupt work and other
important assignments as the parties can be at liberty to set a convenient time
whereas court dates will be determined by the courts with lesser consideration of
the parties` commitments;
FOR ACCADEMIC NEEDS CONTACT /0651609781
, ➢ For less complex cases, the ADR can save time compared to lengthy court cases
especially where issues are complex;
➢ Relations can be preserved as the outcome usually takes into account the
interests of all the parties involved unlike strict application of the law at the courts
which can lead to an outcome that leaves one or all parties unhappy leading to
perpetual animosity;
➢ Provides an opportunity to understand each other before escalating issues to
courts without proper understanding of the facts at hand as both parties will have
an opportunity to address their issues. The issue can be easily solved if a
previous misunderstanding that might have caused the dispute may be cleared
through the process.
(b) Levels and types of conflict and conflict resolution
Drink O`Pop Fruit Juice is facing horizontal and vertical conflict. Vertical conflict
refers to conflict between individuals or groups at different levels in the hierarchy.
Though the reporting lines are grey and blurred at the company, vertical conflict is
being experienced through the conflict between Mr Sograss and top management
and the conflict between white and blue collar employees. White collar employees
are discouraged from mixing freely with blue collar employees which has resulted in
a breakdown in communication.
Horizontal conflict refers to conflict between individuals and groups at the same
level. There is a horizontal conflict between Mr Sograss and Lindi Jovas as there is a
misunderstanding on their roles
Conflict can also be viewed as intrapersonal, interpersonal, intragroup, intergroup
and intraorganisational conflict. Intrapersonal conflict which refers to conflict within
an individual is experienced by Mr Sograss as he struggles within himself to
understand how to proceed with the challenges he is facing, whether to resign, take
legal recourse or help in correct the dysfunctional structure at Drink O`Pop Fruit
Juice.
Interpersonal conflict refers to conflict between two or more individuals and the
conflict between Mr Jovas and Mr Sograss is interpersonal whilst intragroup conflict
is conflict between individuals in the same group which can also be viewed in Jovas
and Sograss. Intergroup conflict is conflict between groups in the same organisation
which can be evidenced by the conflict between white collar and blue collar
employees.
Conflict can also be constructive, which is useful, positive and beneficial conflict or
destructive, which can harmful, causing alienation and demoralising to individuals
and groups.
FOR ACCADEMIC NEEDS CONTACT /0651609781
2020
QUESTION 1
(a) Benefits of using Alternative Dispute Resolution (ADR)
Alternative dispute resolution refers to all the techniques and procedures that can be
used to help the parties to solve their disputes without necessarily going to court.
This can be done with the help of a third party or without the help of a third party. In
South Africa this can be done through negotiation, conciliation, mediation and
arbitration.
The CCMA is one of the routes which can be used for ADR. This is a statutory body
that was established to address disputes launched by individuals at no cost without
necessarily requiring legal assistance. Later on the process of conciliation has been
made compulsory as a first step before going for other adjudicative processes.The
basis for solving disputes for the CCMA are mainly conciliation and mediation. The
functions of the CCMA include conciliating workplace disputes and arbitrating certain
categories of disputes remaining unresolved after conciliation and establishing
picketing rules.
Trade unions also play an important role in ADR as they involve in collective
bargaining with the employer prior to escalating disputes. Salaries and working
conditions are first negotiated prior to escalating disputes. The trade unions work as
workers representatives and they can also engage employers and negotiate to solve
any disputes involving their members when required. This provides both the
employer and the employee with an opportunity to solve the dispute without
involving the courts all other legal routes.
Benefits
➢ Usually less costly for both parties compared to court procedures as court
procedures may end up causing serious financial setbacks for both parties;
➢ ADR is more flexible considering that the courts strictly apply the law whilst ADR
tries to seek an acceptable outcome for both parties sometimes without strict
application of the law;
➢ There is confidentiality as ADR processes usually occur behind closed doors
whereas court processes may be in the public glare which can damage the
reputation of both parties;
➢ The ADR can be held at convenient times which will not disrupt work and other
important assignments as the parties can be at liberty to set a convenient time
whereas court dates will be determined by the courts with lesser consideration of
the parties` commitments;
FOR ACCADEMIC NEEDS CONTACT /0651609781
, ➢ For less complex cases, the ADR can save time compared to lengthy court cases
especially where issues are complex;
➢ Relations can be preserved as the outcome usually takes into account the
interests of all the parties involved unlike strict application of the law at the courts
which can lead to an outcome that leaves one or all parties unhappy leading to
perpetual animosity;
➢ Provides an opportunity to understand each other before escalating issues to
courts without proper understanding of the facts at hand as both parties will have
an opportunity to address their issues. The issue can be easily solved if a
previous misunderstanding that might have caused the dispute may be cleared
through the process.
(b) Levels and types of conflict and conflict resolution
Drink O`Pop Fruit Juice is facing horizontal and vertical conflict. Vertical conflict
refers to conflict between individuals or groups at different levels in the hierarchy.
Though the reporting lines are grey and blurred at the company, vertical conflict is
being experienced through the conflict between Mr Sograss and top management
and the conflict between white and blue collar employees. White collar employees
are discouraged from mixing freely with blue collar employees which has resulted in
a breakdown in communication.
Horizontal conflict refers to conflict between individuals and groups at the same
level. There is a horizontal conflict between Mr Sograss and Lindi Jovas as there is a
misunderstanding on their roles
Conflict can also be viewed as intrapersonal, interpersonal, intragroup, intergroup
and intraorganisational conflict. Intrapersonal conflict which refers to conflict within
an individual is experienced by Mr Sograss as he struggles within himself to
understand how to proceed with the challenges he is facing, whether to resign, take
legal recourse or help in correct the dysfunctional structure at Drink O`Pop Fruit
Juice.
Interpersonal conflict refers to conflict between two or more individuals and the
conflict between Mr Jovas and Mr Sograss is interpersonal whilst intragroup conflict
is conflict between individuals in the same group which can also be viewed in Jovas
and Sograss. Intergroup conflict is conflict between groups in the same organisation
which can be evidenced by the conflict between white collar and blue collar
employees.
Conflict can also be constructive, which is useful, positive and beneficial conflict or
destructive, which can harmful, causing alienation and demoralising to individuals
and groups.
FOR ACCADEMIC NEEDS CONTACT /0651609781
