Dispute Resolution Paper #2

Negotiation

The Case

The Blue Sky Airlines Pilots have been working for a number of years without a contract. Recently, the Union threatened to strike if the company would not offer them a contract which had the following:

1. Pay increase of 11 percent over four years
2. Guarantee that Blue Sky Eagle Jets would not be flown by non-Blue Sky airline pilots; and
3. More stock options.

Blue Sky offered the Union a 5.5 percent pay increase over the next four years and more stock options up front. Blue Sky refused to agree to guarantee that the Blue Sky Eagle jets would only be flown by Blue Sky Airlines pilots because it would not be able to compete in the commuter plane area if it had to pay the Eagle pilots the high wages of the Blue Sky Airline pilots.

1. Define the problem from each party's point of view.
2. What are the interests of Blue Sky Airlines?
3. What are the interests of the Union?
4. List five solutions to this problem.
5. Evaluate each solution against the parties' interests.

*Review the worksheet for dissecting the content of a negotiation (Figure 6.1) on pages 87-88 that provides a planning document for interest-based negotiation.

Apply the Negotiation strategy, as a dispute resolution, to this situation? Review chapter 6 and read Figure 4-1. You can also cite from the sample paper.

Reference

Frey, M. A. (2003). Alternative Methods of Dispute Resolution. Cengage. (Electronic Version)

ISBN-10: 0-7668-2110-2 ISBN-13: 978-0-7668-2110-1

Must be one-thousand words.

A Sample Paper

Dispute Resolution Paper #2: Negotiation

Negotiation as Dispute Resolution

The dissolution of marriage is an intricate and laden-with-emotion procedure, particularly when there are offspring in the equation. In the situation involving Joanne and Tom McPherson, the determination to go separate ways has unveiled a multitude of concerns, particularly in relation to the guardianship and financial assistance for their two offsprings, Megan and William. Both Joanne and Tom have vocalized their wishes to secure custody of the children, and they have also formally requested financial assistance for the upbringing of the minors. Therefore, as they navigate their way through the negotiating process, it is imperative to comprehend their distinct aspirations and explore avenues that lead to a resolution that aligns with the optimal well-being of the children.

Joanne's Custody Interests

Joanne's reflections on the issues of custody and support unveil a rich tapestry of considerations. As a mother, Joanne's contemplations delve into the intricacies of familial bonds, where she may foster a profound emotional connection with her children (Frey, 2024). This connection becomes a driving force behind her aspirations for primary custody, fueled by a fervent desire to actively engage in the nuanced tapestry of their day-to-day experiences.

Beyond the emotional realm, Joanne's considerations extend to the pragmatic and essential facets of her children's well-being. Post-divorce, she perceives herself as uniquely positioned to address and mitigate concerns regarding the welfare of her children. This perspective is grounded in her belief that she is better suited to create and sustain a stable and nurturing environment conducive to their holistic development (Lee, 2022). Her envisioned role goes beyond mere custody; it embodies a commitment to providing an environment that is not only secure but also enriching for their overall growth. Furthermore, Joanne's pursuit encompasses the financial aspect of parenting. Seeking child support is not merely a matter of monetary assistance; it is a proactive measure to ensure her sustained ability to cater comprehensively to the diverse needs of the children. This spans an array of dimensions, including education, healthcare, and various extracurricular engagements, underscoring her holistic approach to their upbringing (Lee, 2022). In navigating this multifaceted terrain, Joanne's considerations are emblematic of a comprehensive commitment to the well-rounded development and flourishing of her children.

Tom's Custody Interests

On the flip side, Tom's reflections on matters of custody and support may also emanate from an ardent desire to actively participate in the nurturing and upbringing of his children. In his paternal capacity, he might experience an inherent and profound sense of responsibility towards the well-being of his kids, serving as a driving force behind his inclination for joint custody to sustain a profoundly meaningful and impactful bond with them (Frey, 2024). Moreover, Tom may harbor legitimate concerns regarding the fiscal dimensions of raising and providing for the children, thereby motivating him to actively pursue child support as a method of contributing to a myriad of their assorted expenses.

Shared Interests

It is clear that both Joanne and Tom share the common goal of actively engaging in their children's lives and ensuring their overall well-being. Nonetheless, differences in their preferences may surface when delving into the specifics of custody and support matters (Frey, 2024). Joanne might lean more towards preferring primary custody, while Tom may be inclined to pursue shared custody. Correspondingly, variations in their perspectives may also arise regarding the specific amount of child support they anticipate.

While traversing the negotiation process concerning these matters, Joanne and Tom should prioritize the welfare of the children. Their primary objective should revolve around establishing a secure and nurturing environment for Megan and William, fostering meaningful connections with both parents. Exploring the potential of shared custody could be a practical approach, enabling active involvement from both Joanne and Tom in their children's lives (Frey, 2024). Regarding child support, reaching a fair and equitable agreement is crucial, considering the financial capabilities of both parents and the diverse needs of the children.

Negotiating Their Interests

Joanne and Tom should attach paramount importance to cultivating openness and transparent communication during the negotiation phase. It is imperative that they display a sincere willingness to carefully contemplate and deliberate on each other's concerns, showcasing a spirit of openness to compromise in the best interests of their children (Lee, 2022). This approach aims at forging an arrangement that not only benefits both parties but also is mutually advantageous to both of them. In this context, seeking the assistance of a qualified mediator or an adept professional in family law could prove to be exceedingly beneficial (Lee, 2022). Their intervention can streamline and facilitate the negotiation process, ensuring a judicious and efficient resolution. By doing so, the focal point can be consistently maintained on the pivotal task of safeguarding the paramount interests of the children involved in this familial context.

Conclusion

The intricacies surrounding the matters of custody and support in the situation involving Joanne and Tom McPherson necessitate thorough examination. Each parent possesses legitimate concerns about actively participating in their children's lives and ensuring their comprehensive welfare. By giving precedence to the optimal well-being of the children and fostering transparent communication, Joanne and Tom can collaboratively strive for a resolution that not only aligns with the children's best interests but also facilitates a seamless transition in the aftermath of the divorce.