Question

Prompt:

Use the discussion to demonstrate what you learned about Litigation and ADR . Assume you are the HR representative for a large company. Company policy dictates Alternative Dispute Resolution must be used before any court proceedings. Discuss what type of ADR you would use for the following situations:

Sexual harassment – damages requestedHostile work environmentCo-worker grievanceDissolution of a partnership

Answer 1

Alternative dispute resolution mechanisms are commonly preferred by most of the organizations, individuals and other parties as conducting the trail in the court is quite costly and time-consuming process. The different methods which are included in alternative dispute resolution mechanisms are arbitration, mediation, negotiations, mini-trial and med-arb. On the basis of the nature and extent of the dispute under consideration, there can be a variation in the alternative dispute resolution mechanisms   

The best ADR in the event of sexual harassment where some sort of compensation is sought can be the arbitration in which a third party is selected after the mutual agreement on the presides to be followed in the arbitration process. It can be seen as the best process as the arbitrator has the confidence of all the parties and the judgment will be accepted by all the parties.

Negotiation will be the best ADR in case of the hostile work environment. This is the process where both the employee and employer both sit together to find out the probable solution to an issue. The recording of agreed terms is done and each party has to keep their part of the agreement. It is considered effective due to its cost-effectiveness and inclusiveness.

Mediation can be used in case of co-worker grievance where the mediation is done by the head of HR department or another senior manager. The concerns of all the workers are heard and the mediator provides the solution to their conflicts.

In most of the cases, partnership deed is the prime document which is referenced in case of Dissolution of partnership. If this is not able to provide and the solution then parties can go to arbitration and mediation