Facts and Details of the Methods of Alternative Dispute Resolution - Coursework Example

Identify your knowledge of Dispute Resolution and to provide an overview of what you learned in your HRMT411 Introduction Dispute resolution is described as a process of resolve the disputes or conflicts among two parties thereby reducing their different point of views to a significant extent. However, in order to reduce the conflicting situation, two or more parties are placed in front of one-another and all points are clearly debated or discussed so as to bring to a common view point. Other than this, alternative dispute resolution is also described as another important process of human resources so as to retain them for longer period of time. ADR is defined as a procedure that helps to resolves varied types of disputes through mediation, negotiation or arbitration rather than litigation. However, in this age of information revolution, the topic of ADR is offered high concentration as compared to others. This is because, it acts as the umbrella term to resolve the conflicts of the organizations such as interpersonal conflicts among the employees, conflicts among employee and employer regarding wage, fridge benefits etc. Any of such conflicts mentioned above might be easily resolved with the help of conciliation, mediation and arbitration etc without interference of the courts. Moreover, these processes of ADR also help to enhance the inner morale and satisfaction of the employees thereby improving the retention ratio (Blake & et.al. 2011). In addition, this essay would also highlight the facts and details of the methods of ADR such as mediation, arbitration, law and ethics of mediation, understanding the foundations of ADR, selecting optimal ADR processes for clients and disputes. Discussion Alternate dispute resolution (ADR) is recognized as one of the most important human resource process that helps to resolve the interpersonal conflicts among the employees thereby amplifying their inner morale, values and confidence power. As a result of which, the level of satisfaction of the employees enhances to a significant extent that amplifies the rate of performance. Along with this, with the help of the processes of ADR, the root causes of conflicts are tailored so as to reduce its effects. The prime intention of doing so is to amplify the devotion rate of the employees towards the assigned tasks that may increase the overall productivity of the organization as well. Moreover, the prime idea of the chapter of ‘understanding the foundations of ADR’ is to focus on the interests of the employees in-spite of their position at time of conflict resolution. So that the conflicts might get easily reduced thereby arriving to a universal opinion that satisfies the interests of both employees and employers (Blake & et.al. 2011). However, by doing so, the level of cooperation and coordination among the employees enhances to a significant extent that may improve their knowledge and inner skills. Hence, coordination and cooperation among the employees leads to a unique working culture that may amplify the retention ratio of the employees as well as brand image of the organization among others (Blake & et.al. 2011). However, in this age, retaining of proper coordination and communication among the employees is extremely tough. This is because; interpersonal conflicts are very common and so ADR methods such as mediation or arbitration are the best processes. Mediation is also a popular process of ADR in which, an independent third party is uses to resolve the disputes among two parties and arrive to a conclusion (Beardwell & Claydon, 2010). However, the decision taken by the mediator is accepted by both the disputing parties without asking any sort of questions. The process of mediation comprises of 7 steps presented below: (Blyton & et.al., 2011) Other than mediation, conciliation is also another popular ADR process. In this procedure, the third party or conciliator used mainly to provide varied types of suggestion so as to reduce the disputes among the two parties. However, he or she is not used as the decision maker just as mediator. But the suggestions are sometimes are agreed by the two parties of disputes. Furthermore, mediation also helps to enhance the rate of communication and coordination among the employees that proves effective in developing varied types of inventive products and services for the customers. As a result, the portfolio and market share of the organization might get increased to a significant extent as compared to others thereby increasing its dominance and position. Other than this, Arbitration is another important process of ADR, in which the causes and reasons of the dispute is written in a paper so as to be presented to an arbitrator. This is done so as to arrive to a conclusion. The decisions are developed as per the terms of arbitration so as to make it effective. Moreover, if the decisions are taken as per the rules then it might more effective as compared to others and its acceptance rate may also be high (Blake & et.al. 2011). However, at the time of selection of the arbitrator, highly experienced one is selected in order to attain best results. Other than this, best arbitrator is selected in order to maintain the causes and reasons of disputes entirely confident and private so that it does not offer negative effects on others. In addition, the choice of rules and regulations in case of enforceability needs to be researched extensively, prior implementing it so as to attain best results within the organization. Apart from this, the level of retention of the employees within the organization might get enhanced thereby amplifying their devotion and performance levels as well. As a result of which, arbitration might lead to effective results that may amplify the reputation and brand value of the organization in the market among others. Apart from this, the chapter of ‘the law and ethics of Mediation’ is also extremely essential as it helps to know the impacts and effects of various laws such as confidentiality, waiver of confidentiality etc. Along with this, the laws of mediation are also used in order to reduce the impacts of child abuses or neglects. Moreover, by knowing these laws, the rate of child abuse crimes or child neglect crimes might be easily resolved that may increase the brand value and reputation of the organization in the market (Blyton & et.al. 2011). In addition to this, it is extremely essential, to know the other process of ADR such as litigation, nonbinding evaluation, mixed ad hybrid alternative dispute resolution process (ADR) etc in order to resolve any sort of disputes. This is because; in disputes such as sudden termination of a employee, non-payment of medical facilities etc are some, certain type of disputes that need that need to be resolved with the help of standard court in-spite of mediator or arbitrator. Due to which, the organizational employer needs to be well-versed with the laws and rules of all the processes and policies of ADR in order to maintain its operations effective in long run. Other than this, the advantage of non-bidding process is that, a third party is used in this process and his ideas and suggestions are accepted by the disputing parties. But the most important disadvantage of the non-bidding process or mediation is that, the suggestion of the mediator may not be disliked by the disputing parties. This is because; the conclusion or judgment is presented only after communicating vigorously with both the disputing parties in front of one –another. Thus, it might be stated that, it is extremely essential to evaluate the advantages and disadvantages of all the process of ADR so as to maintain the functioning of an organization in a considerable way (Murphy & Fafard, 2012). Hence, due to these underlining reasons, it is depicted that the process of ADR is of high importance and it need to be followed by each and every organization in this age of competitiveness. This is because; it might prove effective in enhancing its portfolio and brand value by retaining the employees for long run as compared to many other rival players of the market. So, all the employees and employers need to be well-versed with ADR policies in order to improve the profitability and efficiency of the organization as well as him. Conclusion Conclusively, it might be stated that, in order to remain competitive and dominant in the market, alternative dispute resolution processes act as the catalyst. This is because; the policies of ADR such as mediation, arbitration, laws and ethics of mediation, putting all it together etc might prove effective for the entrepreneur to reduce varied types of interpersonal conflicts or disputes arising among the employees or employers so as to enhance its prosperity and portfolio in the market among many other rival players. Other than this, by understanding the foundations of ADR, an employer might become highly efficient in tackling varied types of conflicts that may retain a good working culture within the organization in long run. Thus, it might be revealed that in order to enhance the devotion and commitment of the employees, maintenance of ADR policies is extremely essential as it may help the experienced staffs to retain within the organization thereby amplifying its scope of growth and success in the market among many other rival players. Therefore, this is the prime reason, for which, ADR policies are offered high concentration among others in HR. Reference Beardwell, .J. & Claydon, T. (2010). Human Resource Management. London: Sage. Blake, S. & et.al. (2011). A Practical Approach to Alternative Dispute Resolution. London: Oxford. Blyton, P. & et.al. (2011). Reassessing the Employment Relationship. New York: Palgrave Macmillan. Murphy, K., & Fafard, P. (2012). Taking power, politics, and policy problems seriously. Journal of Urban Health, 89(4), pp. 723-732. Read More