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HR Management
Alternative dispute resolution systems are dispute resolution systems that fall outside of the prescribed judicial process. Within an organization, there may be a small set of rules governing dispute resolution, but typically there will be no formal adjudication process. As a result, other means must be found to resolve disputes. Some ADR processes are relatively formal themselves, but only within the confines of the one unique situation.
Alternative dispute resolution systems are increasing in use for a number of reasons. In many cases, formal adjudication of disputes is a costly and time-consuming process. In that situation, it may be in the best interests of the parties to find more efficient means of reaching resolution. Another reason is that ADRs are flexible. Unlike formal processes, an ADR can be tailored to each unique situation. Because of this flexibility, ADRs allow for a broader range of disputes to reach resolution. This benefits the company in that it improved morale, reduces conflict and allows for solutions that are congruent with the organization's strategic objectives.
The four main processes of alternative dispute resolution are negotiation, mediation, arbitration and collaboration. Negotiation involves the two parties working out a solution based on the give-and-take dynamics of negotiation. With mediation, the two parties hire a mediator. The mediator plays an independent role in trying to find ways to bring the two sides together, preferably without acting as a formal adjudicator. Arbitration is a process whereby an arbiter determines the outcome. The arbitration process is less formal than adjudication and can be used in a number of ways. It can be used, for example, if the parties agree that damage has been done but cannot agree on the reparations. The collaboration process involves the parties laying out ground rules, agreeing to deal with the issue in good faith, and generally work together to solve the common issue.
Works Cited:
No author. (2007). Alternative Dispute Resolution. Department of Transportation. Retrieved March 27, 2009 from http://www.dot.gov/adr/
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