Page 273 - DMGT519_Conflict Management and Negotiation Skills

Unit 13: Fairness and Trust in Negotiation

making process in negotiations. The objective of this dissertation is to gain a greater understanding Notes
of the influence of culture upon behavior and outcomes in a variety of negotiation settings
within China, Japan, Korea, and the United States. Negotiations provide a setting where each
party can be co-operative, competitive, or both. In this research I examine negotiations in which
competition is the dominant economic equilibrium, and investigate a number of cultural and
contextual factors likely to prompt, and perhaps sustain, out-of-equilibrium cooperative behavior.
The factors I examine fall into three categories; aggregate level variables such as country-of-
origin, individual level variables such as cultural orientation, and contextual variables such as
group membership, the balance of power, and the type of communication that occurs between
negotiation partners.

13.1 Procedural Fairness: Misconduct

The following requirements for procedural fairness should be met:
 An employer must inform the employee of allegations in a manner the employee can
understand.

 The employee should be allowed reasonable time to prepare a response to the allegations.
 The employee must be given an opportunity to state his/ her case during the proceedings.
 An employee has the right to be assisted by a shop steward or other employee during the
proceedings.
 The employer must inform the employee of a decision regarding a disciplinary sanction,
preferably in writing- in a manner that the employee can understand.

 The employer must give clear reasons for dismissing the employee.
 The employer must keep records of disciplinary actions taken against each employee,
stating the nature of misconduct, disciplinary action taken and the reasons for the
disciplinary action.

13.2 Substantive Law and Procedural Law

Substantive law is the statutory or written law that defines rights and duties, such as crimes and
punishments (in the criminal law), civil rights and responsibilities in civil law. It is codified in
legislated statutes or can be enacted through the initiative process.
Substantive law stands in contrast to procedural law, which is the "machinery" for enforcing
those rights and duties. Procedural law comprises the rules by which a court hears and determines
what happens in civil or criminal proceedings, as well as the method and means by which
substantive law is made and administered.
However, the way to this clear differentiation between substantive law and, serving the
substantive law, procedural law has been long, since in the Roman civil procedure the actio
included both substantive and procedural elements
Procedural law or adjective law comprises the rules by which a court hears and determines what
happens in civil lawsuit, criminal or administrative proceedings. The rules are designed to
ensure a fair and consistent application of due process or fundamental justice (in other common
law countries) to all cases that come before a court. The substantive law, which refers to the
actual claims and defenses whose validity is tested through the procedures of procedural law, is
different than procedural law.

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