Alternative Dispute Resolution Policy

State:
Multi-State
Control #:
US-152EM
Format:
Word; 
Rich Text
Instant download

Description

The Alternative Dispute Resolution Policy outlined in the document emphasizes a structured process for resolving disputes in the workplace. It applies to all employment-related claims, including discrimination based on various protected attributes. This policy requires employees to first discuss any concerns with their immediate supervisor, and if unresolved, those concerns escalate to the President for investigation. Should the President's determination not satisfy the employee, mediation can be initiated, where a mediator is selected jointly or through certified organizations if an agreement cannot be reached. If mediation fails, the parties may proceed to arbitration, where an arbitrator's decision is final and binding. The policy is designed to encourage good faith efforts between the company and its employees to resolve issues amicably. For attorneys, partners, owners, associates, paralegals, and legal assistants, the form is essential for understanding the framework of employee dispute resolution and ensuring compliance with legal requirements. Editing and filling out the form necessitate careful attention to detail, particularly regarding the selection of mediators and arbitrators, which could significantly impact the resolution process.

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FAQ

The term alternative dispute resolution (ADR) means any procedure, agreed to by the parties of a dispute, in which they use the services of a neutral party to assist them in reaching agreement and avoiding litigation.

Negotiation is perhaps the simplest and most straightforward type of alternative dispute resolution. The disputing parties meet with one another to identify concerns, explore options, and seek a solution they can agree on. No one else acts as a neutral third party to help them negotiate.

Negotiation allows the parties to meet in order to settle a dispute. The main advantage of this form of dispute settlement is that it allows the parties themselves to control the process and the solution. Negotiation is much less formal than other types of ADRs and allows for a lot of flexibility.

Common ADR processes include mediation, arbitration, and neutral evaluation. These processes are generally confidential, less formal, and less stressful than traditional court proceedings. ADR often saves money and speeds settlement.

Know What You're Asking For. ... Determine What the Disagreements Are. ... Schedule the Mediation Session Thoughtfully. ... Make Sure You Have What You Need. ... Make Sure the Other Side Has Someone Present With the Authority to Settle the Case. ... Know What Your Absolutes Are, and Know Where You Can Compromise. ... Use a Caucus.

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Alternative Dispute Resolution Policy