| organizational behavior | Workshops | People Problems |
| organizational behavior - Some ADR techniques employ an interest-based approach that is often a more constructive alternative to traditional, adversarial processes. ADR has become popular in recent years because it is timely, more efficient, and more cost effective than the traditional, formal systems of redress. The use of ADR also tends to mend or improve the overall rela_tionship between the parties because the focus is largely on the disputants' interests, while litigation focuses on positions. In some forms of ADR such as medi_ation, the parties craft the agreement or solution themselves and are generally more committed to the agreement than when a judge or hearing officer imposes a solution. ADR also can allow the parties to develop a more flexible or creative solution than is generally possible in court or formal hearings and appeals. By attempting to resolve a dispute through ADR, you do not give up your legal rights to file a formal complaint or grievance. One or more ADR processes may be appropriate for many types of disputes. For example, ADR can be used in resolving disputes involving miscommunication, disagreements | over facts, alleged discrimination, assessment of penalties where some discretion is involved, personality con_flicts, and collective bargaining. 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). |
