Dispute Management

Executive Summary

In this report, we will discuss the dispute between Kelly and Mr Higashi.  First, we will assess the current situation with the consideration of cross cultural and the cultural different as deemed to be the key issue that created this dispute.  We will understand the cultural differences and identify a negotiation process that may lead to more integrative cross-cultural negotiation. The second part of this report will be gathering information, understanding the needs and interest of both parties to obtain a common ground for mutual understanding. We recommend an open discussions and setting the correct tone ,  on cultural differences, as well as the consideration of interests for both parties, will set the tone for our analysis and strategies for negotiation. We will also look into the tangible and intangible factors and propose the elements for mutual dependency between the two parties for a successful negotiation. The objective of this negotiation is to create value within an integrative situation for both parties, such that both parties will have a share of the pie or interest (a win-win outcome). In this way, it can preserve a long term relationship between parties.  Finally we will recommend the negotiation strategy and implementation for Kelly.  

Introduction

Kelly has been working as Assistant Language Teacher (ALT) at SOTO Board of Education office in Japan for the past six months.  The trust between Kelly and Mr Higashi seems to have been broken when Mr Higashi rejected Kelly’s sick leave and wanted her to apply her paid leave.  Immediate attention is needed to rebuild the trust and working relationship.  Cultural difference has been the key contributor and hence we look at each party’s culture and interest and prepare an integrative negotiation process to create both claim and value.   The main proposition will be for Kelly to appreciate the cultural differences and understand common interests that can work for both parties in achieving a successful negotiation.  

Background and analysis of the case

Kelly’s 2-day sick leave was rejected by Mr Higashi and he has requested the accountant to get Kelly to sign a 2-day paid leave.  In fact, there are also two other ALTs who had the same encounter as Kelly.  The contract by CLAIR stated that Kelly is entitled to 20 days of Special Holidays (MC).  We have identified the following issues which likely to causes the mistrust between Mr Higashi and Kelly:

1. Key issues identified

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1. Understanding the Cultural difference

We need to understand that people from different cultures may also interpret the fundamental processes of negotiations differently. Each culture has their preference for conflict resolution models.  International negotiations may be poorly conducted because people with difference cultural backgrounds have different negotiation styles (Lituchy, 1997).