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Conflict and Negotiation Skills in the Workplace

C onflict and Negotiation S kills in the Workplace Name : Class : [ Negotiating Bargaining Skills: Asia, the US, Internationally] Professor : Date : / /1. The Sources of Workplace Conflict2 . Individual Differences 1. Teamwork -Individual personalities become recognizable during teamwork activities. 2. Time Management- Efficient in managing time and completing tasks on schedule. 3 . Problem-Solving - Analytical personality types have the ability to problem-solve in an organized manner. 4 . Interpersonal Relations- Extroverted personality types are comfortable engaging with colleagues and clients, and are often able to work out minor differences and create workable compromises.3 . 6 STEPS of NegotiationThyself and Take Care of Self 1 STEP ◦ Understand your perceptual filters, biases, triggers ◦Create a personally affirming environment (eat, sleep, exercise) Clarify Personal Needs Threatened by the Dispute Take a Listening Stance into the Interaction 3 STEP 2 STEP ◦Substantive, Procedural, and Psychological Needs ◦Look at BATNA, WATNA, and MLATNA ◦Identify Desired Outcomes from a Negotiated Process ◦Seek first to understand, then to be understood (Covey) ◦Use Active Listening skillsAssert Your Needs Clearly and Specifically 4 STEP Approach Problem-Solving with Flexibility 5 STEP Build an Agreement that Works 6 STEP ◦Use I-messages as tools for clarification ◦Build from what you have heard - continue to listen well ◦Identify Issues Clearly and Concisely ◦Generate Options (Brainstorm), While Deferring Judgment ◦Be open to tangents and other problem definitions ◦Clarify Criteria for Decision-Making ◦Review Hallmarks of a Good Agreement ◦Implement and Evaluate - Live and Learn4 . Good Skills VS Poor Skills when you negotiation tReference Blaine Donais B.A., Nov 2006, What Are the Sources of Workplace Conflict? Retrieved from http :// www.mediate.com/articles/donaisB2.cfm Lisa McQuerrey , Demand Media , How Personality Affects Behavior in the Workplace, Retrieved 12/19/2013 from http:// everydaylife.globalpost.com/personality-affects-behavior-workplace-7367.htmlThank you{nameOfApplication=Show}

경영/경제| 2014.12.18| 9페이지| 1,000원| 조회(89)

협상, 갈등, 해결방안, 조직관계, conflict, 협상기술, workplace, 직원갈등

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Business Law1 & 2 - common law

THE NATURE OF THE LAW &THE RESOLUTION OF PRIVATE DISPUTES< Part 1 > THE NATURE OF THE LAWTypes of LawPriority RulesClassifications of LawJurisprudenceLegal positivismNatural LawThe Functions of LawLegal ReasoningBriefing a case< Part 2 > THE RESOLUTION OF PRIVATE DISPUTESUnited States Court SystemFederal Courts and their JurisdictionCIVIL PROCEDUREAlternative Dispute Resolution< Part 1 > THE NATURE OF THE LAWTypes of LawConstitutionSeparation of powers-Executive branch- enforces lawsCongress- makes lawsJudicial- interprets lawsFederalism- recognizes the states’ power to make law in certain areasCommon LawPrecedents- following the decision of other judges in similar casesCase law reasoning- the process courts engage in when they make and apply common law rulesEquityEquity= rough justice when common law rules produce unfair results.Administrative Regulations and DecisionsExecutive orders- limited powers to issue laws- usually results from legislative delegationPriority RulesConstitution as they establish and enforce rules of substantive law.Public Law- concerns the powers of government and the relations between government and private partiesPrivate law- establishes a framework of legal rules that enables parties to set the rights and duties they owe each other.Jurisprudence-Positive law- comprises the rules that have been laid down or posited by a recognized political authorityLegal positivism-Defines laws as the command of a recognized political authorityNatural Law-Takes issue with legal positivism by rejecting the positivist separation of law and moralityThe Functions of LawPeacekeepingChecking government power and promoting personal freedomFacilitating planning and the realization of reasonable expectationsPromoting economic growth through free competitionPromoting social justiceProtecting the environmentLegal ReasoningCase law reasoningCourts find the appropriate legal rules in prior cases called precedentsStatutory interpretationInterpreting statutesLegislators ory- tells how the courts previously handled the case your are reading and how they dealt with itIssue- What is the question that this case is trying to resolve?Holding- what did the court decide?Reasoning- How did the court get to this conclusion?< Part 2 > THE RESOLUTION OF PRIVATE DISPUTESUnited States Court System52 court systemsFederal + a system for each state (50) and the District of ColumbiaCourts of Limited JurisdictionFor minor criminal cases and civil disputes involving small amounts of money or specialized mattersTrial CourtsTrial courts are not governed by the subject matter restrictions or the limits on civil damages or criminal penalties that govern courts of limited jurisdiction.They are courts of record that deep detailed records of hearings, trials and other proceedings.Appellate courts-Appellate courts generally decide only legal questionsJurisdiction and venueA court must have JURISDICTION in order to hear a case. The plaintiff cannot just sue in whatever court he puthority (by acknowledging plaintiff’s case by coming to court in that state).State courts may also have LONG-ARM statute that will give the court in personam jurisdiction over certain out of state defendants.Ex. – doing business in a state, contracting to supply goods or services within state, committing a tort within state.2. In rem jurisdictionbased on having property in that state.Federal Courts and their JurisdictionJurisdiction is obtained through1. Diversity jurisdictionthis exists when the case is1. Between citizens of different states2. The amount in controversy exceeds $75,0002. Federal question jurisdictionexists when the case arises under the Constitution, laws, or treaties of the US“arises under” is met when a right created by federal law is a basic part of the plaintiff’s case.Types of Federal CourtsSpecialized Fed CourtsFederal Courts of AppealsUS Supreme Court- highest court in the land.CIVIL PROCEDUREProcessService of summonsLets the defendant know they are being sued ssued instructions from judge and then deliberates and arrives at a verdict.Directed VerdictTakes the case away from jury and provides a judgment to one party before the jury gets a chance to decide the case.A party (plaintiff or defendant) can ask the judge to come to a directed verdict.Judgment Not withstanding the verdictWhen one party wins a judgment even after the jury has reached a verdict against that partyMotion for a new trial-The losing party would “move” for a new trial.AppealAppeals a judgment that the court came toEnforcing a judgmentWhen the defendant fails to pay as required after losing a civil case, the wining plaintiff must enforce the judgment.Class ActionsMultiparty caseAllows one or more persons to sue on behalf of themselves and all others who have suffered similar harm from substantially the same wrong.Alternative Dispute ResolutionSettling private disputes outside of the courts.1. Settlement- deciding on a civil lawsuit out of the courtroom2. Arbitration- submis1

경영/경제| 2012.05.24| 8페이지| 1,000원| 조회(167)

미국법, Law, natural law, Common Law, Business ..

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Business Law3 & 4-Business Ethics

Business and the Constitution & Business Ethics< Part 1 > Business and the ConstitutionSeparation of powersChecks & balancesEvolution of the Constitution and the Role of the Supreme CourtUS Government limits power byState PowerFederal Regulatory PowerIndependent Checks on Federal Government and the StatesIndependent Checks applying only to statesFederal PreemptionThe Takings Clause< Part 2 > Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical ThinkingCorporate Social Responsibility DebateEthical TheoriesGuidelines for Ethical Decision Making< Part 1 > Business and the ConstitutionSeparation of powersConstitution- Article 1 establishes Congress of Senate and House of RepresentativesConstitution – Article 2 gives the President the executive power – to execute and enforce the laws passed by CongressConstitution- Article 3 gives the judicial power of the US to the Supreme Courts- determines the types of cases the federal courts may decideChecks & balances (his is called enumerated powers)2. US Constitution limits both state and federal power by placing certain independent checks in the path of eachState PowerPolice power= broad state power to regulate for public health, safety, morals and welfare.Federal Regulatory Power-US Constitution gives Congress the power to regulate Commerce. – they can coin and borrow money, regulate commerce with foreign nations, establish uniform laws regarding bankruptcies, create post offices, and enact copyright and patent laws.Commerce Power- there is an all purpose federal police power enabling Congress to regulate many activities within a state’s borders.Congress has the power to regulate intrastate activities that affect interstate commerce.The Taxing Power-CONGRESS has power to lay and collect taxes, duties, imposts and excises.Provides a means for raising revenue for fed govtRegulatory device the power to tax = power to destroyThe Spending PowerCONGRESS has the power to spend for the general welfare ofgovernment purpose to be constitutional2. Intermediate scrutiny- Such laws must be substantially related to the achievement of an important government purpose.3. Strict Scrutiny- the challenged law must be necessary to the fulfillment of a compelling government purpose. Government action is subjected to this rigorous test of constitutionality is usually struck down.Business and the First AmendmentThe First Amendment provides that Congress shall make no law abridging the freedom of speech.Government action restricting the content of speech usually receives very strict judicial scrutiny.Political and other noncommercial SpeechThis is considered the core of the First Amendment.Freedom of speech also applies to non-commercial speech that has nothing to do with politics.Unless the government is able to meet the exceedingly difficult burden of proving that the speech restriction is necessary to fulfill a compelling government, a First Amendment violation will be found.Corporations have the Sring before that action can occur.Substantive Due ProcessSubstantive law= rules that set standards of behavior for organized social lifeEx- laws making adultery a crimeMost important example= constitutional right of privacy.This includes- right to marry, have children, direct their education and upbringing, enjoy marital privacy, use contraception, and elect to have an abortion.Laws restricting these rights must be narrowly tailored to meet a compelling government purpose in order to avoid being declared unconstitutional.Equal ProtectionThe 14th Amendment’s Equal Protection Clause says that no state shall deny to any person.. the equal protection of the laws.The basic test rational basis testStricter Scrutiny used for laws that discriminate regarding fundamental rights or suspect classes must undergo more rigorous review.Suspect classes (these trigger more rigorous equal protection review)Race and national origin (classifications based on this are almost never constitutional)Alienage (recognizes government power to take private property and limits the exercise of that power. The process- there is property that government needs, the government does a “taking” of the private property, the taking occurs for PUBLIC USE (it is unconstitutional if it’s not for public use), there must be JUST COMPENSATION.< Part 2 > Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical ThinkingWhy Study Business Ethics?Corporate Social Responsibility DebateCritics claim that even when corporations provide vital and important services, business is not nearly as accountable to the public as are the organs of government.For example- public has little to say about the election of corporate directors- so who keeps them accountable?For these reasons – there have been calls to change in how corporations make their decision- the law has come in as a means of “checking” corporations’ power/actions.Ethical TheoriesRights TheoryEncompasses a variety of ethical philosophE 1

경영/경제| 2012.05.24| 8페이지| 1,000원| 조회(170)

ucc, constitution, Business Ethics, Corpora..

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Business Law5-CRIMES

CRIMES< Contents >•Role of Criminal Law•Nature of Crimes•Purpose of Criminal Sanction (different theory on Crimes)•Essentials of Crime•CRIMINAL PROCEDURE•White Collar Crimes and the Dilemmas of Corporate Control•Important White Collar Crimes•Computer Crime< Body >Role of Criminal LawCriminal law controls private and corporate behaviors.When there are statutory violations in the business setting- criminal penalties apply towards individual employees as well as to their employers.Corporations may be inclined to treat damage awards as simply a business cost and to violate regulatory provisions when doing so makes economic sense.Nature of CrimesCrimes = public wrongs acts prohibited by the state or federal governmentProsecutor- elected/ or appointed official, initiates the criminal prosecution in the name of the state or US.Crimes differs from torts.Torts PRIVATE wrongs for which the wrongdoer must pay money damages to compensate the harmed victimCrimes are PUBLIC wrongs- punishable by thee2. Prove beyond a reasonable doubt that he committed those acts3. Prove that he had the capacity to form a criminal intent.Constitutional limits on power to criminalize behaviorIf behavior is constitutionally protected, it cannot be deemed criminal.SpeechNoncommercial speech= First Amendment protects this fullyCommercial speech= intermediate protection,Ex. Advertisement for product, service, businessObscene speech= not protected by First AmendmentEx. Explicit sexual contentDue Process-5th and 14th amendments require that criminal statutes define the prohibited behavior precisely enough to enable law enforcement officers and ordinary members of the public to understand which behavior violates the law.Equal Protection ClauseProhibits criminal statutes that discriminatorily treat certain persons of the same class or arbitrarily discriminate among different classes of peopleCruel & Unusual punishment8th amendment forbids cruel and unusual punishmentProof Beyond a reasonable doubtAmerican houses, papers against unreasonable searches and seizurespolice can’t come into your home to search it for no reason/ violation of privacyCitizens are not protected against ALL searches and seizures.. only UNREASONABLE ones.Protects home, private dwelling, and curtilage (area surrounding house), telephone booths, sealed containers, and first class mailNO PROTECTION open fields, personal bank records, voluntary conversations between criminal defendants and government informantsWarrant Requirements- further protects privacy interests by mandating that a judge or magistrate authorize and define the scope of intrusive governmental actionRULE: Searches carried out WITHOUT a proper warrant = UNREASONABLEConsensual searches (allowing someone to come into your home and search) without a warrant do NOT violate the fourth amendment.Exclusionary Rule- Evidence seized in illegal searches cannot be used in a subsequent trial against an accused whose constitutional rights were violated.USA Patriot and assistance of an attorney.Incriminating statements that an in custody suspect makes without first having been given the Miranda warnings are INADMISSIBLE at trial.If suspect invokes her right to silence- custodial investigation MUST CEASE.Production of RecordsDocumentary evidence is VERY important in the government’s case in white collar prosecutions.Boyd v. U.S.- The 5th Amendment protects individuals against compelled production of their private papers.The private papers privilege is personal and thus cannot be asserted by a corporation, partnership, or other collective entity.Double JeopardyThis provision protects defendants from multiple criminal prosecutions for the same offense, prevents a second prosecution for the SAME offense.It does NOT preclude the possibility that a single criminal act may lead to more than one criminal prosecution.Does NOT protect against multiple prosecutions by different sovereignsSixth AmendmentSixth Amendment entitles criminal defendants to a speedroblems with individual liability identifying responsible individuals within corporate hierarchy can be difficult & proving capability may be difficult.Important White Collar CrimesRegulatory OffensesNumerous state and federal regulatory statutes on a wide range of subjects prescribe criminal as well as civil liability for violations.Fraudulent ActsIn most states, it is a crime to obtain money or property by fraudulent pretenses, issue fraudulent checks, make false credit statements, or give short weights or measures.The Sarbanes-Oxley ActCongress enacted this in 2002Sarbanes-Oxley Act created the Public Company Accounting Oversight Board and charged it with regulatory responsibilities concerning public accounting firms’ audits of corporations.Established various requirements designed to ensure auditor independence, bring about higher levels of accuracy in corporate reporting of financial information, and promote responsible conduct on the part of corporate officers and directors, audiE 1

경영/경제| 2012.05.24| 10페이지| 1,000원| 조회(121)

crimes, Role of Criminal Law, Business Law, white color criminal

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Business Law6 & 7- Torts

INTENTIONAL TORTS &NEGLIGENCE AND STRICT LIABILITY< Part 1 >INTENTIONAL TORTS•Four Types of TORT WRONGS•Interference with Personal Rights•Defamation and the Constitution•Invasion of Privacy = TORT (There are 4 types of Invasion of Privacy Torts)•Misuse of Legal Proceedings•Deceit (Fraud)•Interference with Property Rights< Part 2 > NEGLIGENCE AND STRICT LIABILITYoNegligenceoCausation of InjuryoRes Ipsa LoquitoroNegligence DefensesoSTRICT Liability< Part 1 > INTENTIONAL TORTSTort= civil wrong that is not a breach of a contractFour Types of TORT WRONGS1. Intent-the desire to cause certain consequences or the substantial certainty that those consequences will result from one’s behavior.2. Recklessness-a conscious indifference to a known and substantial risk of harm created by one’s behavior.3. Negligence-a failure to use reasonable care, with harm to another party occurring as a result.4. Strict Liability-liability without fault or liability IRRESPECTIVE of fault (liable no matter what)Sta’s APPREHENSION of a HARMFUL OR OFFENSIVE contact.Intentional Infliction of Emotional DistressCourts require that the wrongdoer’s contact be outrageous before there is liability for emotional distress.False ImprisonmentThe intentional confinement of another person for an appreciable time WITHOUT his consent.Could include physical barriers that restrict plaintiff’s freedom of movementCould also be assertion of legal authority that is actually falseConfinement MUST BE COMPLETE (if they have a way out- NOT false imprisonment)Ex- store detentionDefamationThe tort of defamation protects the individual’s interest in his reputation.Defamation is 1. Unprivileged, 2. Publication of 3. False and defamatory, 4. Statements concerning another.Two Types of defamation: LIBEL & SLANDERLIBELWritten or printed defamation or defamatory picture, sign or statuteNo need for proof of special damages to recover moneySLANDERALL OTHER defamatory statements (mainly oral defamation)Must be1. False and defamatory defendant’s part- the level of fault necessary to enable plaintiff to win the case- the recoverable damages would be restricted to compensatory damages for prevent reputation harm and other actual injury.The Media-Nonmedia Issue (or Nonissue)Do the defamation’s First amendment fault based requirements apply only when the defendant is a member of the media or in all defamation cases regardless of the defendant’s media or nonmedia status?It seems that the Supreme Court would hold that the First Amendment based fault requirements apply to all defamation cases without regard for whether the defendant is a member of the media.Invasion of Privacy = TORT (There are 4 types of Invasion of Privacy Torts)1. Intrusion on Solitude of SeclusionAny intentional intrusion on the solitude or seclusion of another constitutes an invasion of privacy if that intrusion would be highly offensive to a reasonable individual.Can be physical intrusion (illegal search of home, opening of mail) or nonphysical (taly made by the defendant with the intent to induce reliance by the plaintiff along with actual justifiable and detrimental reliance on the plaintiff’s past.Interference with Property RightsTrespass to LandAny unauthorized or unprivileged intentional intrusion upon another’s real propertyIncluding1. Physically entering the plaintiff’s land2. Causing another to do so (chasing them onto the land)3. Remaining on the land after one’s right to remain has ceased (past the end of a lease)4. Failing to remove from the land anything one has a duty to remove5. Causing an object or other thing to enter the land6. Invading the airspace above the land or the subsurface beneath itPrivate nuisanceInvolves some interference with the plaintiff’s use and enjoyment of her land.Does not involve any physical invasion of the plaintiff’s propertyTrespass = physical invasionEx. Of private nuisance odors, noise, smoke, light, and vibrationDefendant must INTEND the interference.ConversionThe defendant’s intentio the circumstances.2. The test focuses on the defendant’s behavior rather than on defendant’s subjective mental state.3. That this breach was the ACTUAL AND PROXIMATE CAUSE OF INJURYNegligence per seThe defendant’s violation of such laws may create a breach of duty and may allow the plaintiff to win the case if the plaintiff 1. Was within the class of persons intended to be protected by the statute or other law, 2. Suffered harm of a sort that the statute or other law was intended to protect.That is all that is necessary to show to prove negligence per se.Causation of InjuryProof that the defendant breached a duty does NOT guarantee that the plaintiff will win a negligence caseTypes of injury and Damages-Personal Injury- harm to plaintiff’s bodyProperty damage- harm to plaintiff’s real estate or a personal property item such as a carThe Causation LinkThe causation question-1. Was the breach an ACTUAL CAUSE of injury2. Was the breach a PROXIMATE CAUSE of injury3. What was the effect of

경영/경제| 2012.05.24| 12페이지| 1,000원| 조회(140)

torts, Business Law, INTENTIONAL TORTS &N, STRICT LIABILITY

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