Royal University of Law and Economics English Language Based Bachelor of Law

Subject: Alternative Dispute Resolution Professor Steven Austermiller & Megan Karsh by San Kiri

REFLECTION PAPER In Barong Wood Case, I was representing BWC-Cambodia to compromise with Mr. Lim Sophal to end the strike by BWC Employees Union on an issue that six employees were dismissed from the company. During negotiation I was using interest-based strategy rather than distributive strategy to reach an understanding and resolve point of difference. This strategy creates a win-win settlement, which is focus on interest not position of the parties, and get mutually benefit. The interest of BWCCompany is the workers quickly stop strike and go to works in order to increase productivity and make good sight in public eyes that workers were treated fairly. On the other hand, I understood that BWU Employees Union wants those six employees to have consistent salary or higher severance payment for their living expend through reinstate to work in the same company or other company. At the beginning, Mr. Sophal claimed to reinstate those employees by argued that company can cancel contract before its termination date only in the event that serious misconducts or acts of God. Here, those employees did not do anything wrong and company just dropped some productivity could not considered act of God. However, if company still wants to terminate the contract without valid reasons those employees shall entitle to get some more compensation in addition to the severance payment with 40% increase. Moreover, company has to help those employees to look for a new job in another company as soon as possible. In respond to the demand, I argued that company has valid reasons to lay off those employees based on the requirements of the operation of the company due to low productivity and budget cutting measures issued by head office in Paris. Also, company has informed them about dismissal in reasonable time require by Labour law. During this period those employees would easily find new job in other company based on their good experiences and skills. Moreover, the severance payment that company provide would equal to their salary several months of working and it would be possible to support them in living expend until they get job in another company. As result, after thirty minutes of negotiation, we have reached an agreement that BWC Employees Union will stop striking immediately and re-correcting information to reporter about workers treatment fairness and their satisfactions. To this end, the company will increase 20% over severance payment to those six employees, but no compensation provide. In addition, the company will assist those employees to find new job, but not guarantee would be obtain sooner or later. The company will announce the agreement in advertising board in company to explain all workers about negotiation. Through this case study, I have learned that interest based negotiation could resolve peoples conflict quickly and both parties satisfies with their benefit. In the course of negotiation, I noted that being very open to talk and logic reasoning base on law prevailing is useful to make other parties understand correctly of our differences. Also, I observed that if we could identify their best settlement acceptance through their behavior and objectively respond to our offer, we will gain greater benefit. Moreover, I discovered that if we accept ones demand easily, they will raise as many more demands. The best respond to this situation is making an illusion that we will not accept their demand to some extend. Finally, it seems unfair to those employees that Mr. Sophal did not try the best effort, for example easily accept offered, to claim for their interest since he has secret personal interest with the company. In conclusion, I strongly support interest-based negotiation settlement before taking the issue to third parties through mediation or court. Even though one party may have to make concession to other party but both parties interest and benefit are absolutely acceptable, nobody lost in the case. Submit on 3rd May 2011