Dispute Resolutions Methods

Alternative Dispute Resolutions (ADR)

• Various methods to resolve disputes other than traditional court actions.

• Faster and more convenient than traditional court actions.

• Reduce company lossesand legal expenses.

• Can enhance employee relations program.

• Beneficial to smaller organizations with no employee relations program.

Forms of ADR:

* Arbitration- A binding process under which a final determination is reached after a modified form of trial before an agreed-upon neutral arbitrator or panel of arbitrators.

* Mediation- A non-binding format where a neutral third party attempts to assist the parties in reaching an agreement to settle a dispute.

* Mediation/Arbitration- In this hybrid form the parties first agree to utilize mediation and, if this is unsuccessful, to proceed to binding arbitration.

** Other Techniques- Other ADR formats that are only occasionally used in employment disputes include:

• mini trials;
• neutral fact-finding and/or evaluation; and
• any other procedures creative minds can agree upon.

Some campuses and other institutions have set up review boards to resolve any ADA related complaint or other ADA issues. The boards often consist of in-house and external administrators and disability specialists who examine the situation and mediate solutions.