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Dispute Summary Essay

848 words - 3 pages

An alternative dispute resolution describes numerous approaches to resolve conflict, which avoid the cost, delay, and unpredictability of the traditional adjudicator processes at the same time improving workplace communication and morale. This paper will discuss the advantages of using an alternative dispute resolution within the workplace, the types of alternate dispute resolution that can be chosen based on what would best fit the dispute. This paper will also provide an example of the use of alternative dispute resolution in the workplace and how the dispute was handled and resolved.Advantages of Alternative Dispute ResolutionAlternative dispute resolution is becoming one of the leading conflict resolution practices in the workplace. The advantages of settling in the alternative dispute resolution process are more positive and less extreme then settling in a courtroom. It also has its advantages in the workplace, such as handling disputes out of the public eye, more cost and time effective, and making the work environment more positive by having a resolution option available to the employees within the workplace.Types of Alternative Dispute ResolutionsMany types of alternative dispute resolutions to choose to resolve disputes and or conflicts. According to Henry Cheeseman (2004), they include:Arbitration - the involved parties explain their conflict to an impartial third party, and after he or she hears both sides he or she then decides how to handle the dispute.Mediation - occurs when the parties choose a neutral third party to act as the mediator of the dispute. The mediator does not make the decision buts meets with the involving parties on an individual basis then aid the parties in attaining a suitable resolution of the issues in the dispute.Conciliation - is a form of mediation in which the parties choose an interested third party to act as the mediator.Mini trial - is a session that last's a day or less where lawyers from each party present his or her cases to authorities of representatives to settle the dispute. Following the presentations, the parties meet to try to negotiate a settlement.Fact-finding- Fact-finding is a process whereby the parties hire a neutral person to investigate the dispute. The fact-finder reports his or her findings to the adversaries and may recommend a basis for settlement.Judicial referee - If the parties agree, the court will appoint a judicial referee to conduct a private trial and render a judgment. Referees, who are often, retired judges with most of the powers of a trial judge, and their decisions stand as a judgment of the court,...

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