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relationship management - This method is generally one of the most common quasi-judicial means for resolving disputes and has been used for a long period of time to resolve
labor/manag_ement and commercial disputes. Under the process, the parties have input into the selection process, giving them the ability to select an individual or panel with some expertise and knowledge of the disputed issues, although this is not a prerequisite for an individual to function as an arbitrator. Generally, the individuals chosen are those known to be impartial, objective, fair, and to have the ability to evaluate and make judgments about data or facts. The opinions issued by the third party in such cases are non-binding; however, parties do have the flexibility to determine, by mutual agreement, that an opinion will be binding in a particular case. Non-binding arbitration is appropriate for use when some or all of the following characteristics are present in a dispute: (1) the parties are looking for a quick resol_ution to the dispute; (2) the parties prefer a third party decision maker, but want to ensure they have a role in selecting the decision maker; and (3) the parties would like more control over the decision making process than might be possible under more formal adjudication of the dispute. Ombudsmen are individuals who rely on a number of techniques to resolve disputes. These techniques include counseling, mediating, conciliating, and
factfinding. Usually, when an ombudsman receives a complaint, he or she interviews parties, reviews files, and makes recommendations to the disputants. Typically, ombudsmen do not impose solutions. The power of the ombudsman lies in his or her ability to persuade the parties involved to accept his or her recommendations. Generally, an individual not accepting the proposed solution of the ombudsman is free to pursue a remedy in other forums for dispute
resol_ution. Ombudsmen may be used to handle emplo_yee workplace complaints and disputes or complaints and disputes from outside of the place of employment, such as those from customers or clients. Ombudsmen are often able to identify and track systemic problems and suggest ways of dealing with those problems. Partnering is used to improve a variety of working
rela_tionships, primarily between the Federal Government and contractors, by seeking to prevent disputes before they occur. The method relies on an agreement in principle to share the risks involved in completing a project and to establish and promote a nurturing environment. This is done through the use of team-building activities to help define common goals, improve communication, and foster a problem-solving attitude among the group of individuals who must work together throughout a contract's term. Partnering in the contract setting typically involves an initial partnering workshop after the contract award and before the work begins. This is a facilitated workshop involving the key stakeholders in the project. The purpose of the workshop is to develop a team approach to the project. This generally results in a partnership agreement that includes dispute prevention and resol_ution procedures. Peer review is a problem-solving process where an emplo_yee takes a dispute to a group or panel of fellow emplo_yees and managers for a decision. The decision may or may not be binding on the emplo_yee and/or the employer, depending on the conditions of the particular process. If it is not binding on the
emplo_yee, he or she would be able to seek relief in traditional forums for dispute resol_ution if dissatisfied with the decision under peer review. The principle objective of the method is to resolve disputes early before they become formal complaints or grievances. Typically, the panel is made up of emplo_yees and managers |
who volunteer for this duty and who are trained in listening, questioning, and problem-solving skills as well as the specific policies and guidelines of the panel. Peer review panels may be standing groups of individuals who are available to address whatever disputes emplo_yees might bring to the panel at any given time. Other panels may be formed on an ad hoc basis through some selection process initiated by the
emplo_yee, e. g. , blind selection of a certain number of names from a pool of qualified emplo_yees and managers. emplo_yee assist_ance Program or EAP is a worksite-based program designed to assist: (1) work organizations in addressing productivity issues, and (2) emplo_yee clients in identifying and resolving personal concerns, including, but not limited to, health, marital, family, financial, alcohol, drug, legal, emotional,
st_ress, or other personal issues that may affect jo_b perform_ance. emplo_yee assist_ance Program Core Technology or EAP Core Technology represents the essential components of the emplo_yee assist_ance (EA) profession. These components combine to create a unique approach to addressing work-organization productivity issues and
"emplo_yee client" personal concerns affecting jo_b perform_ance and ability to perform on the
jo_b. EAP core technology is:
Consultation with, training of, and assist_ance to work organization leadership (managers, supervisors, and union stewards) seeking to manage the troubled
emplo_yee, enhance the work environment, and improve emplo_yee jo_b
perform_ance; and, outreach to and education of emplo_yees and their family members about availability of EAP services;
Confidential and timely problem identification / assessment services for emplo_yee clients with personal concerns that may affect jo_b
perform_ance;
Use of constructive confrontation, motivation, and short-term intervention with emplo_yee clients to address problems that affect jo_b
perform_ance;
Referral of emplo_yee clients for diagnosis, treatment, and assist_ance, plus case monitoring and follow-up services;
Consultation to work organizations in establishing and maintaining effective rela_tions with treatment and other service providers and in managing provider contracts;
Consultation to work organizations to encourage availability of and emplo_yee access to health benefits covering medical and beh_avioral problems, including, but not limited to, alcoholism, drug abuse, and mental and emotional disorders; and
Identification of the effects of EAP services on the work organization and individual jo_b
perform_ance. Among the greatest pain in any busi_ness chan_ge is the uncertainty of the outcome. Examination and diagnosis are essential to any successful acquisition. During due diligence, a careful and thorough HR examination is prescribed. work_force issues are a critical variable, but often ignored. Employers accrue liability through emplo_yee
viole_nce. Plan to prevent viole_nce, and you plan to limit liability. Among the greatest concerns in any busi_ness is the uncertainty of the outcome. Unforeseen, unpredictable events are time consuming and emotionally and financially draining. Troubled executives are the personification of that liability. Labor laws increasingly complicate steps to correct high level emplo_yee actions. To intervene successfully with an executive requires assessment and diagnosis. High touch, great communication skills and knowledge are essential to a successful intervention with an executive. Among the greatest need for any busi_ness is the reliability of the outcome of decision -making. Successful hiring decision are especially important. Using Profile International* products allows for better supervision and manag_ement of
emplo_yees. work_force issues are a critical variable, but often ignored. |
