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Competent Adjudication, Impact of Mediation Essay (Critical Writing)

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Updated: Mar 11th, 2022

EEOC Guidelines

It should be stated that the University of Massachusetts Amherst Sexual Harassment Policy and Procedures are composed entirely by the EEOC guidelines. Originally, the central claim for these policies and procedures are fairness, Competent Adjudication, Efficient Conflict Resolution, Enhancement, and Maintaining Organizational Performance. The fact is that all the four requirements are met, consequently, there is a strong necessity to emphasize that all the points of the policy are aimed at meeting the central requirements of the EEOC. Thus, the rights and obligations of both parties are properly described, and additional information is provided. Consequently, it is impossible to blame the university policymakers for providing improper information. The highest value of the policy is represented by the detailed listing of the sexual harassment instances, which gives a thorough representation of the violation, and the further consequences. (Mosher, 2005)

Impact of the Informal Process on the Formal Procedures

The impact of the informal process depends on the regulating practices of the formal procedures. The fact is that, the formal process s generally regulated by the formal policies and requirements, nevertheless, when the participants of this process have an opportunity to change the formal environment for informal, the formal procedures may be partly regulated by informal requirements and rules. Nevertheless, the main part of the procedures can not be violated, as the entire process of the formal procedures would lose its sense. As for the matters of the University of Massachusetts Amherst Sexual Harassment Policy and Procedures, the informal process will not be tolerated by the principles of this policy, as it regulates both formal and informal environment of various procedures, which may entail sexual harassment in the defined context. (Shafritz, 2000)

Mediation and Hearing

Originally, these two concepts are closely related wittoch other. Whito le mediation presupposes the participation of a third party in the process of resolving conflict, a hearing is required for the third party to have an opportunity to hear and to listen to the positions of all the parties, involved in the conflict. In the discussed context the mediation differs from hearing by the notion, that one of the parties has violated the generally accepted rules, the observation of which is an integral part of being a member of the organization, thus, one of the parties is inevitably a violator. While hearing, in general, presupposes finding the grounding for any behavior, sexual harassment and the violation of the rules can not be grounded and justified. (Harrington, Carter, 2008)

Impac Meditationation and Informal Procedure on the Formal Hearing Process

The formal hearing process, in accordance with the EEOC requirements and guidelines, can not be influenced by any informal procedure, as it is the most effective formal tool for adjudication. On the other hand, the flow of any informal procedure may be regarded from the position of the formal hearing process, nevertheless, this procedure will not impact this process, as it is regulated by the formal rules, which describe any informal process from the perspective of the formal hearing process. (Rosenbloom, Kravchuk, 2008) The mediation may influence the formal process by the considerations and evaluations, as mediation is also a formal process, regulated by formal rules. (Rosenbloom, 2003)

References

Harrington C., Carter, L. (2008) “Administrative Law and Politics: Cases and Comments” CQ Press; 4 edition

Mosher, F. C. (Ed.). (2005). American Public Administration: Past, Present, Future. Tuscaloosa, AL: University of Alabama Press.

Rosenbloom, D., Kravchuk, R. (2008) “Public Administration: Understanding Management, Politics, and Law in the Public Sector” McGraw Hill Higher Education

Rosenbloom, D. (2003) “Administrative Law for Public Managers” Westview Press

Shafritz, J. M. (Ed.). (2000). Defining Public Administration: Selections from the International Encyclopedia of Public Policy and Administration. Boulder, CO: Westview Press.

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