Hrm - 420 Human Resource Risk Management

Alternative Dispute Resolution

Debra Winters

HRM/420 Human Resource Risk Management

January 23, 2017

Dina Centifanti Gledhill

Alternative Dispute Resolution

Companies and private parties commonly seek Alternative Dispute Resolution, or ADR methods to come to resolution on conflicts or disputes without seeking the expensive route of litigation which typically includes expensive legal services and time consuming discovery and court appearances.  Rarely does resolution in a court room leave both parties feeling the resolution was equally equitable or fair. Two forms of ADR that brings both disputing parties to the table without court room drama and expense is mediation and arbitration.

Mediation

The process of mediation uses a neutral third party to facilitate the negotiations and discussions between the parties in an attempt to help both sides resolve their dispute. If private mediation does not result in a settlement, either party can file a complaint to initiate the litigation process. If the disputing parties resolve their conflicts, they can terminate the litigation process by filing motions to dismiss with prejudice (Advantages and Disadvantages of Mediation ADR, 2016).

Advantages of mediation is that a lawyer does not need to be present during one or more of the discussion sessions. Mediation, compared to litigation or other ADR methods is typically an extremely quick process.  Even though there usually are no attorneys present at mediation, agreements reached between the parties is legally binding in most judicial systems.  Even the smallest of disagreements, such as, a dispute over a telephone bill can be mediated.  The advantage of this is that small issues can be resolved quickly before they are blown out of proportion into larger disputes.  Legal mediation usually requires just one court appearance and can substantially reduce stress as parties have more control over the outcome of their case.  Parties in mediation enjoy more privacy in more relaxed settings, and receive direct communication between groups that can include and consider family members. This environment nurtures discussion of personal perception and feelings regarding the dispute. Parties control the scheduling.

A disadvantage is that either party can withdraw from mediation proceedings at any time to either drop the conflict or pursue litigation. This could result in a waste of time spent hiring a mediator and conducting mediation sessions to no avail.  Because mediation is not driven by court requirements of submitted discovery, proceedings can be based on inadequate or incorrect information. The mediator guides the process but does not act like a judge to allow or disallow evidence or even perceived facts so that it is possible that an agreement could become an enforceable contract while meeting only some of the parties’ needs and interests.