Handling any dispute in the workplace is challenging because it can lead to a variety of problems. It can cause work disruptions, decreased productivity, and even project failure, which won’t benefit anyone. There are even times when some cases are required to undergo court trials, which will be more stressful and complicated for the parties involved.
Taking the case to court and spending on litigation fees when dealing with workplace conflict is unnecessary when you use alternative dispute resolution. Companies with arbitration and mediation services can help you take care of the processes in resolving a workplace dispute. You can try other ways to effectively deal with it if a method doesn’t resolve it.
Arbitration is a formal process wherein a neutral, third-party arbitrator serves as a judge. The arbitrator will be responsible for resolving the dispute between the parties involved. The arbitrator will arrange a meeting between the parties to determine the issues that are needed to be resolved. Then, the parties involved will present their cases and relevant evidence to support them. Afterward, the arbitrator will make a decision in confidentiality that cannot be appealed.
This type of alternative dispute resolution is less time-consuming and less expensive. It is also a flexible process where the disputing parties can specify the time and place for hearings. You can have more privacy during the arbitration process, too. So it is an overall less intimidating and less stressful experience than traditional court proceedings.
Another alternative dispute resolution method is mediation. It is where a neutral, third-party mediator facilitates the discussion among the disputing parties. The mediator ensures the communication between the parties is clear and progressive by assisting them through structured procedural stages. This will help them identify concerns, clarify issues, and understand each other’s interests.
Mediation is a voluntary and non-binding process, but it allows the parties to express relevant concerns and interests regarding the dispute. During mediation, the mediator will not force the parties into a solution but guide them to reach an agreement. Similar to arbitration, the process of mediation is held privately. And the disputing parties may meet in person for discussions or participate separately, with the mediator communicating all important information.
Negotiation is a process wherein the parties in a conflict or disagreement will voluntarily undergo a discussion to manage and resolve the dispute. This may also help the parties lay the groundwork for a future relationship between them. This method can be done publicly or privately and allows the parties to decide on the scope and approach of their negotiation.
The process of negotiation only involves the disputing parties and their representative lawyers if necessary. It doesn’t require a third-party neutral to help them reach a resolution and reach an agreement. Despite this being an informal method, each party should consult their lawyers in the process. That way, they will be well aware of their rights and duties regarding resolving the matter and make effective strategies.
The method of conciliation mainly aims to find the best solution for the identified right that has been violated. Unlike arbitration, mediation, and negotiation, this process requires an impartial expert know as a conciliator. The conciliator is appointed not just to facilitate but also to evaluate and aid in settling the dispute between the parties involved. The conciliator provides probable solutions and persuades them to reach an agreement, which is executable as a decree of civil court.
Conciliation is also a confidential process where everyone involved cannot disclose information to any external party. It follows simple procedures rather than complex ones because it is an informal process, too. So it allows the parties involved to choose the conciliator that will handle their case and adjust the process depending on the circumstances of the case.
This process is the most common resolution for disputes when the parties involved fail to internally solve their conflict. This method is long and complex because it solves disputes through the court system. That means it requires a judge with or without a jury and involves a defendant facing off against a plaintiff.
Litigation is used for cases that require legal expertise for deciding settlement. That is because it uses legal standards to resolve the case. By this, the parties involved must also provide legally standing evidence instead of the information provided in alternative dispute resolutions. The best thing about litigation is that the chances of inaccuracy are nearly impossible, with the case becoming part of public records.
There are many ways available to resolve workplace disputes or any conflict. But you must be well-informed of the different processes whether you decide to undergo alternative dispute resolutions or solve a dispute through the court system. That way, you can handle your case best and avoid any great disadvantages.