Alternative Dispute Resolution - Mediation - Example

Alternative Dispute Resolution - Mediation Table of Contents Introduction 3 Alternative Dispute Resolution: Mediation 3 Steps of Mediation 4 Organizational Perspective 5 Advantages of Mediation 6 Conclusion 6 Works Cited 8 Name of Student Name of Professor Course Number Date Introduction Alternative Dispute Resolution (ADR) is an alternative process of resolving a dispute or a conflict other than a legal court room process. In this process the disputants decide to settle the concerned issue by settling for a negotiation with each other before proceeding to any legal function. ADR also includes managing disputes in a community or in any community related to developmental issues. The alternate dispute resolution includes dispute management process like, arbitration, mediation and negotiation (Coltri 15-26). Negotiation is characterized by direct interaction between two disputants who decide to settle an issue without involving any third party. In case of Mediation, the Mediator is introduced as a third party between the disputants. The primary objective of the Mediator is to provide unbiased perspective and facilitate communication between the two parties involved in the dispute. The mediator advices the disputants and helps them to solve the issue by reconciling the relationship between them or by advising them to solve the issue in the best interest for both of them (Coltri 15-26). This paper is focused on the Mediation process of the Alternate Dispute Resolution. It includes the processes involved in the mediation process along the organizational perspective of ADR. The advantages and social impact of mediation is also discussed in this paper. Alternative Dispute Resolution: Mediation The ADR processes can be divided into two major segments, the Binding and the non-Binding. The “binding” category states that the disputants must follow the decision taken by the third party. In this case there is no voluntary agreement; the verdict given by the third party is final. In case of the “Non Binding” category the disputants can chose to reject the decision taken by the third party. Negotiation and Mediation/ Conciliation fall under the Non Binding category, whereas the Arbitration can fall under both the categories. Thus it can be clearly stated that the disputants can voluntarily agree or disagree with the mediation process (Law Reform, “Alternative Dispute Resolution: Mediation and Conciliation”). The process of mediation involves a third party, called a Mediator, who is supposed to be impartial and unbiased while helping the disputants to settle their disputes. Instead of making a judgment, a mediator facilitates the communication between the two parties. He can communicate to both the parties separately or he can meet both of them together to have a face to face conversation (Law Reform, “Alternative Dispute Resolution: Mediation and Conciliation”). Steps of Mediation Mediation is considered as a straightforward and flexible process, which creates a comfortable environment for the disputants. The process of mediation is informal and carried in a confidential manner, by the following steps. Initial Arrangement: Both the disputants must agree to settle their conflicts by mediation. After which they come to a mutual agreement to choose a mediator. In order to maintain impartiality, a mediator is usually chosen keeping in mind that he will not favour any particular party. Meeting: The mediator can either meet the disputants individually before settling for a joint meeting, or he can also meet them together. In case of individual meetings the mediator discusses the issue with each party separately and takes note of both sides of the story. Then he fixes another meeting where both the disputants are present along with the mediator. The mediation process: In the joint meeting, the mediator provides his expertise and advice based on the situation. He avoids making any personal judgement. The sole purpose of the mediation process is to solve the issue and improve the relation between the two parties. The mediator makes sure that the conversation is directed towards a fair conclusion, which is accepted by both the parties. Since, it is an informal process, so a successful mediation is dependent on the voluntary agreement of both the parties. Post mediation: The mediation process only helps to clear the situation in front of the disputants. Instead of solving the problem for them it shows them how to solve it easily, while maintaining the interests of both the parties. The disputants can voluntary reject the concluding proposal, as the mediation process is a non-binding one (ACAS, “Mediation: An Approach to Resolving Workplace Issues”). Organizational Perspective Conflicts between employees in an organization are nothing new, but if these issues are left unmanaged, it can eventually give birth to even bigger conflicts. This will lead to a negative impact on the work environment of the firm and will reduce the overall productivity of the employees. A regular conflict in a work place can also lead to high attrition rate and spreading of negative word of mouth about the firm’s management. Over the decades, the employee rights have been modified and new regulations have been added in order to reduce work place conflicts. This has also widened the legal implication of the dispute management, thus there can be strict disciplinary actions taken by the organization against the employees involved in the dispute. The rise of cultural diversity among the employees and workers, often leads to miscommunication and misunderstandings, which eventually causes conflict in among them. The conflict can also take place between the organization and its employees, due to change in HR policies or organizational structure. Irrespective of the reason, an organization must take proactive steps to avoid any conflict from surfacing in the work place. (Smith and Smock 9-31). Despite all the conflict avoiding policies, sometimes the employees get involved in certain level of disputes. The organization then takes steps to solve the issue, mostly by the process of mediation. In such cases the human resource management department acts as the mediator and seeks to bring the two parties together in order to solve the issue and stop it from re-emerging in the future. In some cases, the fellow colleagues also take the part of the mediator. The mediation helps the disputants to arrive at a solution without the involvement of the disciplinary body of the organization. Involving the disciplinary body may eventually lead to penalty for the disputants, thus for the sake of both the parties the mediation process is a viable option to settle their disputes. The mediation process within an organization, although does not have any legal obligation, but it definitely imposes a moral binding over the disputants. Thus in most cases, mediation is successful in solving disputes in a workplace (Smith and Smock 9-31). The most common mediation process is the Facilitative mediation process, where the mediator actively plays the role of a guide and seeks to solve the issue at hand by joint problem solving techniques. The mediator asks various questions to the parties regarding the issue and their points of disagreement and eventually points out the ways to resolve the dispute. The mediator does not provide any particular solution rather he provides ideas regarding the resolution of the problem. It is up to the disputants which idea they will accept, or even they will accept any ideas at all (ACAS, “Mediation: An Approach to Resolving Workplace Issues”). Advantages of Mediation Mediation offers a safe and confidential resolution to a conflict, by exploring the issues from an unbiased stand point. It helps to re-build relationships within the parties which are of severe importance in a work place. A bad relationship can give rise to more conflicts in the future. Mediation helps the disputants to empathise each other by helping them to look at the problem from a different perspective. It also opens up new opportunities for an individual to change his behaviour and attitude by giving him insight about the negative impact on the surroundings and its future implications. The mediator in an organization also helps to develop interpersonal skills so that further conflicts can be avoided in the near future. The joint participation allows the disputants to understand each other and they can reach a mutually agreed conclusion must faster. However in particular cases applying an ADR technique may not be advisable. In situations where both the parties are adamantly holding on to their opinion and none of them are ready to settle the issue without penalizing the other party, then opting for a legal process is the only option (Brown and Cervenak 4-7). Conclusion The Alternate Dispute Resolution method is the safest ways to solve any dispute, which not only maintains confidentiality but it also avoids the hassle of involving a legal process. In case of situations involving an ethnic conflict or family disputes, ADR can prove to be more effective than dragging the issue to a court room. The mediation is the most commonly used ADR processes, as it is cost effective and helps to arrive at a solution much faster. A legal process involves high cost and may take a long time to reach the verdict. The ability of voluntary compliance makes ADR a more flexible process. ADR is most helpful for disputants who cannot afford to hire a lawyer. Designing customized ADR programs for different scenarios also helps the disputants to solve their problems more efficiently. ADR serves the society by enabling an alternative solution to a cost bearing legal process. Thus it can be stated that the ADR process has the ability to help the society to enhance development and resolve issues without the aid of legal services. This allows the people to trust in informal methods and at the same time they can live their lives without the hassle of a courtroom and unwanted public exposure (Smith and Smock 9-31). Works Cited “Alternative Dispute Resolution: Mediation and Conciliation.” Law Reform. Law reform Commission, 2010. Web. 18 December 2014. Brown, Scott, and Cervenak, Christine. What Can ADR Do? Goals and Possible Uses of ADR. Washington DC: USAID. 2001. 4-7. Print. Coltri, Laurie. S. Alternative Dispute Resolution: A Conflict Diagnosis Approach. 2nd ed. New Jersey: Prentice Hall. 2009. 15-26. Print. “Mediation: An Approach to Resolving Workplace Issues.” ACAS. Chartered Institute of Personnel and Development, 2013. Web. 18 December 2014. Smith, Amy, and Smock, David. Managing a Mediation Process. 1st ed. Washington DC: United States Institute of Peace. 2008. 9-31. Print. Read More