conflict resolution
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| conflict resolution - To decide whether ADR is appropriate for your dispute. It may help to ask yourself some of the following questions: Does the rela_tionship have to continue even though it is tense? Are there communication difficulties, and could a skilled neutral party help? Would third-party intervention chan_ge the dynamics of the situation? Are you willing to meet to resolve your differences? Is confidentiality important? Do you want to retain control over the outcome? Is time important? Binding arbitration involves the presentation of a dispute to an impartial or neutral individual (arbitrator) or panel (arbitration panel) for issuance of a binding decision. Unless arranged otherwise, the parties usually have the ability to decide who the individuals | are that serve as arbitrators. In some cases, the parties may retain a particular arbitrator (often from a list of arbitrators) to decide a number of cases or to serve the parties for a specified length of time (this is common when a panel is involved). Parties often select a different arbitrator for each new dispute. A common understanding by the parties in all cases, however, is that they will be bound by the opinion of the decision maker rather than simply be obligated to "consider" an opinion or recommendation. Under this method, the third party's decision generally has the force of law but does not set a legal precedent. It is usually not reviewable by the courts. Binding arbitration is a statutorily-mandated feature of Federal labor manag_ement agreements. |
