Applied Practice Conflict Resolution

...jobs is to encourage the parties to expand their discussion beyond the narrow range of legal issues in dispute so that they can craft a more creative, flexible and appropriate solution than that which might result if the case were litigated. (Amadei, R, & Lehrburger, L 1996). This is the style of mediation I will try to adhere to because this is the best process that suits me. Next is the mediation process between the two parties, I will firstly discuss the issues and interest of the parties. Firstly I will start with Hobson community board then Vulcan Lane. The Hobson community board issues and interests are that they have been promoting Auckland's CBD into the future project is about transforming and revitalising the central business district of Auckland into one of the world's most vibrant and dynamic business and cultural centres. (Auckland City Council, 2005) Auckland City Council is planning to upgrade Vulcan Lane in 2005 to support and enhance its character and popularity. The work will include new paving, lighting, plantings and street furniture. (Auckland City Council, 2005). The Auckland city council says the 2005 upgrade will be high quality, and its aim is to provide a safe setting for people and businesses. In particular, it will keep Vulcan Lane buzzing in competition with other streets being upgraded around it. (Auckland City Council, 2005). The character and vitality of Vulcan Lane will not change and will continue to come from the cafes, bars, shops and heritage buildings either side of the lane and from the people who flock there to wind down, play up, or just pass through (Auckland City Council, 2005). Senior council staff have decided to press ahead with plans to tear up the red pavers and strips of river pebbles for bluestone pavers, claiming an earlier undisclosed list of nine supporters and three opponents represents a majority in favour of the project. CBD project leader Jo Wiggins stating that only three people were opposed and nine were in favour. Now the Vulcan lane business Madcat fashion storeowners Jill Alexander and John Hodge who say Vulcan Lane should not be disturbed but wanted lighting to highlight the heritage buildings are voicing the Vulcan Lane Business issues and interest. (Orsman, B, 2005). Trevor and Lynn Ready, of the Occidental Belgian beer cafe, said an upgrade was not needed and they "totally disagreed" with installing tui feeders (Orsman, B, 2005). Zambesi owner Neville Findlay yesterday urged Mr Hubbard and the council to listen to the weight of public opinion and rethink going down the bluestone path (Orsman, B, 2005). Workshop's Chris Cherry also Andrew Bishop, who owns Feline, the fashion leaders, say they have overwhelming public support, want to preserve the character and spirit of Vulcan Lane (Orsman, B, 2005). The Herald has received dozens of emails almost totally opposed to the council plans for bluestone paving, new seating and tui feeders on Auckland's stylish pedestrian strip. Also the parties will discuss their BATNA (Best alternative to the Negotiation agreement) and WATNA (Worst alternative to the Negotiation agreement) next is a discussion on the types of problems that could arise in the mediation process. The types of problems that might arise during the mediation process according to Macduff (2004) who states that conflicts can be broadly identified as relationship conflicts which possibility occur between the parties. Macduff (2004) also states that data conflicts can occur, which system from lack of information, misinformation, and interpretation. If information from the Auckland city council and form Hobson community board concerning the CBD (Auckland central district) streets, and the reasons that they are being upgraded, can be scrutinized. It could be seen that the redevelopment is at the expense of the Vulcan Lane business and the public who which to preserve the culture and heritage of this area. The Auckland city council say they want to be internationally competitive drawing on the uniqueness of the Waitemata Harbor, to do this they want to redevelop the Auckland CBD (Auckland city Council, 2005). According in to Brett (2000) Culture is the unique character of a social group. It encompasses the values and norms shared by members of those groups; all of these elements of culture can affect social interactions like negotiations (Brett, J, 2000). Cultural values and norms provide the philosophy underlying the society’s institutions. At the same time cultural institutions preserve cultural values and norms, give them authority, and provide a context for social interaction (Brett, J, 2000). Structural conflicts can occ...

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