Introduction to Alternative Dispute Resolutions

ADR

Mike Hazelwood
ADR or Alternative Dispute Resolutions are internal methods practiced in the settling of issues, which crop up in the business environment. The issues, which have occured, are often between employee and employee, employee and vendor, employer and employee and can be settled in a quick and private manner utilizing ADR internal techniques. The methods practiced allow companies an alternate form of problem solving; therefore, keeping issues outside of the courtroom setting. These issues are solved quickly often keeping the high cost of courtroom time down to a minimum. There are several forms of ADR methods practiced inside individual companies. One form of ADR calls for the hiring of a mediator. A mediator, who is neutral minded to a particular issue, is hired to hear both sides of a particular story. The mediator is vested with power to make a final decision regarding the problem, which is currently being disputed among the parties involved. This mediator may assist the parties involved allowing direct communication between the parties, allowing for true problem solving techniques to evolve between the people in grievance in the company. The mediator is often a retired judge or attorney who is not familiar with the issues which are occurring inside of the company. A form of ADR I am personally familiar with is Peer Review. Peer Review was often utilized to settle several internal issues in the former company I worked for; therefore, allowing for a quicker resolution to certain problems, which had incurred. Lets take a deeper look into this ADR technique.

Peer Review and Problem Solving

For seven years I worked for a major furniture manufacturer. While working there the company practiced and still does practice an open door policy to problems that arise among employees and management. Peer Review when done fairly helps to curb legal issues, which arise. The door to my manager's office was always open to any and all problems, which occurred internally. Management was always willing to listen to any and all employees who where having problems within the company. This initial meeting was the first building block of the Peer Review, which would occur later.

The problems discussed in these open door meetings were often words an employee had with another employee whether it be an issue of discrimination or otherwise. Issues dealing with fairness among employees were always given an open ear, and a decision to go farther in the peer review process was always put into consideration. Also problems with other management personnel could also be discussed in this manner. The problem or problems, after being revealed, where then taken before a board of managers for further study to get resolution of particular problem, which may have occurred. A good definition of Peer Review, "Peer review is a problem-solving process where an employee takes a dispute to a group or panel of fellow employees and managers for a decision. The decision may or may not be binding on the employee and/or the employer, depending on the conditions of the particular process." (opm.gov 2002)


Effectiveness of Peer Review

To keep Peer Review fair and reasonable an equal amount of employees and managers should be assembled together to hear particular issues. The persons doing the review must consider when counseling may need to incur, also fact-finding may a big issue in resolving certain issues to make sure a fair resolution is brought about. I think this will allow for the fair treatment of employees whom are having particular problems. While working for the company, which used Peer Review, most problems were resolved without any issues impending.
Some of the Benefits of ADR

The party involved in the problem solving process is neutral allowing for successful problem solving process. ADR is also very cost effective which allows for problems to be solved internally without the need for high court costs among those involved. The proceedings our confidential allowing privacy among the parties involved. ADR is speedy allowing quick resolution for both parties to continue on. ADR has a high success rate among those who are involved; furthermore, making the process a first when situations arise among employees. (Citydisputepanel.com)

References
Office of Personnel Management http://www.opm.gov/er/adrguide_2002/Section1-a.asp
Pulled August 5 2006

The Resolution Solution http://www.citydisputespanel.org/pages/adrbenefits.asp
Pulled August 5 2006

Published by Mike Hazelwood

Mike Hazelwood, is a seasoned Freelance writer. He has been writing articles on the Internet for many years. Mike, has written articles for Helium.com, Associatedcontent.com, and CnnIreport.com. Mike Hazelwo...  View profile

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