Alternative Dispute Resolution (ADR) Homepage

ADR offers a wide array of techniques to resolve conflicts. Some techniques involve a neutral third party acting as a facilitator. Other techniques seek advice from the neutral third party, while some utilize the neutral third party as a decision-maker.

In reviewing a conflict for ADR potential, give close attention to choosing the appropriate technique. Generally speaking, it is best to use the least intrusive technique possible. In other words, use the neutral as a facilitator or evaluator before using a neutral as a decision-maker. The more influence the neutral has over the resolution of the conflict, the less control the parties have over the process.

Some of the more common ADR techniques are listed below.

THE NEUTRAL AS FACILITATOR

• Partnering
• Structured Negotiations
• Ombudsman
• Mediation
• Mini-trial

THE NEUTRAL AS ADVISOR

• Neutral Evaluation
• Fact Finding
• Summary Jury Trial
• Non-binding Arbitration

THE NEUTRAL AS DECIDER

• Binding Arbitration

What is Mediation?

While conflict is a normal part of our daily lives, it can often be an uncomfortable experience, especially when it involves the workplace, and you find yourself in a dispute with a fellow employee, manager, or other colleague. In Mediation, an impartial person called a ? mediator? helps the parties try to reach a mutually acceptable resolution of the dispute. The mediator does not decide the dispute but helps the parties communicate so they can try to settle the dispute themselves. Mediation leaves control of the outcome with the parties.

How does the process work?

The process usually begins with a joint session. During the first meeting, the mediator will explain the process and how it works, and will answer any questions the parties may have. After each party has had a chance to tell his or her side of the story, the mediator may ask questions to clarify or elaborate on a particular topic. After the first joint session, the mediator may meet with each party separately (caucus) to discuss the issues in greater detail and to gain a better sense of how the parties would like the issue resolved.

The mediation process may then continue with a series of separate meetings, or the mediator may decide to continue meeting with the parties jointly. During these joint and private meetings, the mediator will explore with the parties various options for resolving the dispute. The mediator can act in any number of roles, i.e., communicator, translator, agent of reality, etc. The goal of mediation is to reach a mutually agreeable resolution.

Why should you use mediation?

Mediation is confidential. The mediator will keep all information confidential. The mediator will not willingly be a witness in a court of law or an administrative process. No written record will be made of the mediation process.

Here are some potential advantages of using ADR:

• Save Time: A dispute often can be settled or decided much sooner with ADR: often in a matter of months, even weeks, while bringing a lawsuit to trial can take a year or more.
• Save Money: When cases are resolved earlier through ADR, the parties may save some of the money they would have spent on attorney fees, court costs, and experts? fees.
• Increase Control Over the Process and the Outcome: In ADR, parties typically play a greater role in shaping both the process and its outcome. In most ADR processes, parties have more opportunity to tell their side of the story than they do at a trial. Some ADR processes, such as mediation, allow the parties to fashion creative resolutions that are not available in a trial.
• Preserve Relationships: ADR can be a less adversarial and hostile way to resolve a dispute. For example, an experienced mediator can help the parties effectively communicate their needs and point of view to the other side. This can be an important advantage where the parties have a relationship to preserve.
• Increase Satisfaction: In a trial, there is typically a winner and a loser. The loser is not likely to be happy, and even the winner may not be completely satisfied with the outcome. ADR can help the parties find win-win solutions and achieve their real goals.
• Improve Attorney-Client Relationships: Attorneys may also benefit from ADR by being seen as problem-solvers rather than combatants. Quick, cost-effective, and satisfying resolutions are likely to produce happier clients.
• Finally, you do not give up any of your rights to pursue the matter formally.

"What to Expect in a Workplace Mediation".