ALTERNATIVE DISPUTE RESOLUTION SERVICES

What are the processes?

ADR or Alternative Dispute Resolution refers to a number of processes that are employed by the parties to resolve contentious issues. These processes are party-friendly as they serve as an alternative to the courts and are utilized in all types of claims/disputes ranging from family, commercial, employment and environmental issues.

The advantage of using ADR processes is that they allow the parties to establish certain rules, jointly appoint a Neutral (Arbitrator or Mediator), and participate in the process since it is less formal in rules and procedure.

A variety of ADR hybrids exist: Fact Finder is a process that allows courts or parties to investigate an issue and report or testify in court. Mediation is a process whereby the parties work with a facilitator who is content- neutral and process- biased. Arbitration is a binding procedure and closest to a trial setting. Ombuds is a third party who receives complaints by employees, clients or constituents and investigates independently and impartially. All these processes are voluntary except under specific court situations like TN Supreme Court Rule 31 where the court may direct mediation prior to trial.

                                   THIRD PARTY INVESTIGATION / EVALUATION

As the employer you are interested in the best and most accurate assessment of a case heading to trial/arbitration/etc. The HR & ADR Services LLC Investigator will provide you with an independent and impartial confidential report (work product) and witness assessment. Using a third party is an affirmative initiative and creates a positive inference.

The most common areas in employment situations where a third party investigator can be useful are:

Why use an independent Investigator?

ARBITRATION

Arbitration is the process by which the parties to a dispute agree to submit it to a third party, known as an Arbitrator, and confer upon the Arbitrator the authority to review the evidence and render a decision. These include business/commercial disputes arising out of contracts, employment matters and disputes emanating from the collective bargaining agreement. The Arbitration process reserves in the parties certain mutual rights and controls that are not prevalent in a court litigation proceeding. The process is inclusive, quick, cost-effective and binding.

 

LABOR RELATIONS MEDIATOR/CONSULTANT

Creative Solutions for a New Challenge

The Challenge: In the manufacturing sector management and labor face enormous pressure to succeed in the face of international competition and the compelling case to outsource. As a result, there is incredible demand for stakeholders in the manufacturing business to fend off low cost foreign competition and shore up productivity in the “home business” in order to protect their plant investment, the business itself and the jobs. To do so requires the parties to devote their attention and energy to the maximum utilization of their human resources. On this question turns future investment in technology and further assumption of risk.

The Problem: How do parties with no history of collaboration come to grips with the need to fundamentally address change? Moreover, how realistic is it to believe that behaviors, even if the parties desire change, can be modified to capture the benefit of engaging employees and their union and thus justify the risk of failure. Parties trapped in traditional “position bargaining” which is fault-based, coercive and retribution-biased are doomed to mutual destruction. In some situations history, lack of understanding and trust doom attempts to use different methods and processes or fresh approaches to mitigate the challenge. Add to this the structural organizational and psychological barriers in all organizations that militate against change and you have the proverbial recipe for disaster.
 
The Solution: A Mediator/Consultant who held union and corporate executive positions throughout his career with process skills, hands-on manufacturing sector background and over a 30 years of at-the-table, real-life labor management experience. The Mediator/Consultant’s unique background with thorough understanding of international business and global competitiveness issues, business and industry economics and history of successfully addressing these issues and can advise the parties on how to bridge the gap to understanding and finding solutions. Changing the respective parties’ legacy labor relations practices in negotiating styles, conflict and issue management, dispute resolution practices and traditional roles will be needed to address the pressing competitive challenge. Relationships and interactions built on role redefinition, honesty, complete disclosure and transparency and mutual identification of short and long term challenges is, in many situations, the only solution for the parties.

All forms of outsourcing, consolidation, joint venturing and strategic partnership combine to change the way American Corporations will manufacture their products. A variety of commercial and trade circumstances emerge to create the need for change in how and when difficult decisions and consequences are addressed.

Conditions:

1. Recognizing that management and labor’s roles are being redefined where traditional approaches, roles and responsibilities must change.
2. Continued need for introducing new technology, methods and process to facilitate more effective and efficient operations such as LEAN, Six Sigma, etc. are the rule.
3. Continued production rationalization to optimize manufacturing capacity, contracting/outsourcing, global strategic alliances, etc. force changes.
4. Dealing with price pressure on both the supply and customer points are unavoidable.
5. Addressing the cost containment health care benefit challenge and pension plan burden are a must.
6. Reviewing legacy work rules, practices and paid time for non work...
7. Dealing with changing demographics and its impact on collective bargaining.
8. Altering a culture of conflict between management and labor.

MERGERS & ACQUISITIONS

Market forces’ need to rationalize, outsource and consolidate will drive merger and acquisition activity that in turn will require the parties to take a different approach to achieve value for shareholders and job security for employees.

1. Culture assessment of the merging/partnering entities
2. Employee, labor and CBA due diligence
3. Assessment of the environment for change
4. Review of strategy and operational goals as it relates to labor relations
5. HR function added-value benchmarking
6. Employee liability practice audit

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ORGANIZATION EFFECTIVENESS AND EFFICIENCY

Improve your organization's effectiveness and efficiency, improve teamwork and reduce associated cost by  utilizing the Conflict Dynamic Profile instrument and consulting as an intervention in difficult situations, teambuilding new and old or establishing a culture element / development in the course of normal business, reorganization or business reconfigurations.

Do you know how conflict and obstructive behavior impacts / costs your organization?

• Wasted time – conflict is a major distraction from otherwise productive actions…
• Reduced decision quality - … this happens when the quality and quantity of objective information and cooperation Is impaired
• Loss of skilled employees – chronic unresolved conflict acts as factor in 50% of voluntary departures and 90% of involuntary departures.
• Restructuring – redesigned workflow to reduce interaction between employees in sabotage/theft/damage. There is a direct correlation between prevalence of employee conflict and restructuring.
• Lowered job motivation – erosion of job motivation due to the stress of trying to get along with a “difficult person/situation”...
• Lost time work – absenteeism has been shown to correlate with job stress.
• Health costs – illnesses and injuries requiring medical attention are partially psychogenic

CONFLICT DYNAMIC PROFILE (CDP)

Clearly, resolving conflict is an important element of corporate culture and success. The Conflict Dynamic Profile is the only psychometric 360-degree assessment tool that focuses on behavior in the workplace, and organizational conflict. The CDP looks at how individuals behave, the types of people and/or circumstances (Hot Buttons) that arouse conflict in them and/or how they can positively influence existing conflict situations. The participant receives a confidential 21-page “Feedback Report” that includes narrative and graphs identifying specific constructive and destructive behaviors from multiple perspectives. Behaviors are measured at the beginning, during, and at the end of a conflict situation. Each individual receives a comprehensive development guide entitled CDP 360 Managing Conflict Dynamics: A Practical Approach. This indispensable 114-page guide is an invaluable study on conflict and a companion to the Feedback Report. The Feedback Report culminates in defining areas for improvement in this critical job competency and life skill assessment. The uniqueness of this instrument, unlike others such as Myers Briggs, PI, Thomas Killman, etc., is that it deals with specific behaviors rather than style or motivation. It is actionable and results-oriented. There is also a CDP1 individualized and less-comprehensive version available for self-assessment and special introductory or targeted use.

For a more in-depth look at the CDP profile and reports please view the following:

• CDP Brocure

• CDP Individual Report

• CDP 360 Pat Sample Report
  
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                  Reasons for conflict situations (Center for Creative Leadership)

Process & Analyses
The participating employee answers 114 questions and the employee’s supervisor, four peers, and four direct reports complete a 78-point questionnaire. The questionnaires can be completed either in paper and pencil or online internet based format in approximately one-half hour. The Feedback Report is given to the participant confidentially in a one-hour orientation/counseling session designed to assist in interpreting the findings in a positive and constructive manner and to help the employee to put together a proactive improvement action plan.

Put your people to work in a positive work environment
The skills associated with problem-solving, team building, and conflict/dispute management are being recognized as superior competencies and form the bases of alternatives to many costly, inappropriate and outdated approaches to resolve intra-organizational conflict. As much as 30-40% of a Manager’s time is spent on dealing with conflict. Our solution is to improve cooperation, information sharing, teamwork, concentration, productivity and quality through effective conflict-solving skills which in turn reduce liability.