Common Procedures of Alternative Dispute Resolution

Dispute is an element that any relationship has to go through. Disagreements are bound to happen because people are different from each other. However, disputes, no matter how big or less, shouldn’t ruin people’s relationship, even if it’s not the relationship that is not significant, like in a workplace setting.

Conflicts between employees, and between employees and employer, regularly happen. Prejudice or bias, opposing views, personality clash, difference in communication style, and a special relationship outside the office are the usual causes of office disputes. What makes workplace disagreements bad is when it’s already affecting the performance of the employees involved.

To remedy this, companies use a procedure called Alternative Dispute Resolution which helps them settle disputes through means other than legal action. ADRs are usually cheaper, that’s why it is commonly used on divorce actions and personal injury claims too. There are a lot of procedures that are considered as ADR, some of them still in development as of the moment. However, these are the most common procedures used.

• Mediation – Otherwise known as conciliation, an impartial third party or “mediator” will help the conflicting parties talk through the argument in order to reach a mutually acceptable resolution. Disputes between family members, neighbors or business partners may be resolved through mediation.

• Arbitration – In arbitration, a neutral person or “arbitrator” listens to each side’s arguments then makes a decision. It’s considered a less formal process of trial, but the decision in this ADR is final, and no appeal can be filed. Arbitration may either be binding or non-binding.

• Neutral Evaluation – Also known as Early Neutral Evaluation, an unbiased “evaluator” will listen to the case of the disputing parties, and will then give an opinion on the strengths and weaknesses of their argument and how it can be resolved.

• Settlement Conferences – This can either be mandatory or voluntary. In both types, a “settlement officer” meets with the disputing parties and attorneys to discuss a possible settlement. But unlike in other ADR types, the officer only assists in evaluating the strengths and weaknesses of the case, and in the settlement.

• Mediation-Arbitration – Med-arb combines the first two ADR types. A mediator will help bring the parties reach their own agreement. If that doesn’t work, they will proceed to arbitration for a final decision.

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