The benefits of the UAM include: (1) "UAM demonstrates from the outset a company's willingness to mediate on cases eligible for mediation - this may contribute to the ultimate satisfactory resolution of a matter; (2) With a UAM, the initial step of contacting the employer to see if they will mediate a particular charge is shortened or eliminated; (3) a UAM establishes a point of contact for the employer, thereby expediting the flow of information between the EEOC and the employer; (4) Fast tracking the information through established contact points expedites the scheduling of a mediation session; and (5) UAM's are flexible. They allow parties to opt out of mediation on a case by case basis if either believes the claim is not appropriate." (Equal Employment Opportunity Commission, nd)
SUMMARY and CONCLUSION
The Alternative Dispute Resolution (ADR) is preferred by the majority of those individuals who have participated in the process. The ADR process is one that greatly saves time and costs associated with litigation and with the unpredictable outcomes of court decisions in these type cases. ADR is clearly the best choice for settling any type of dispute whether it is in relation to employment disputes or disputes of another nature.
Bibliography
Federal Sector Alternative Dispute Resolution (ADR) (2004) the U.S. Equal Employment Opportunity Commission. Online available at http://www.eeoc.gov/federal/adr/index.html.
Alternative Dispute Resolution: A Resource Guide - Section I: Alternative Dispute Resolution Techniques and Agency Practice. U.S. Office of Personnel Management. Online available at http://www.opm.gov/er/adrguide/Section1-a.asp
Questions and Answers for Mediation Providers: Mediation and Americans with Disabilities Act. Prepared Jointly by the U.S. Equal Employment Opportunity Commission National Council on Disability, U.S. Department of Justice. Online available at http://www.eeoc.gov/mediate/ada/ada_mediators.html#N_3_
Questions and Answers Universal Agreements to Mediate (UAMS) the U.S. Equal Employment Opportunity Commission. Online available at http://www.eeoc.gov/mediate/uam.html
Alternative Dispute Resolution: Legal and Psychological Aspects
Alternative dispute resolution (ADR) is a dispute resolution process that acts as a means of using an external party to settle disagreements between two parties Colbran, 2012. ADR has now become widespread and accepted by many states and counties in the United States. In the recent past, some courts have demanded that some parties use ADR to settle their cases. If the mediation process of ADR does not reach an agreement
In particular, Jennifer Shack (2003) notes that mediation can save time and money and improve the satisfaction of those using the court system, but only under certain conditions. Shack (2003) notes that the type of mediation program used is important in seeing advantages over legal actions. She notes that while there has been a "tendency has been to equate one mediation program with another and to assume the effectiveness of
Furthermore, he has displayed extreme anger towards her and appears completely unwilling to compromise. He wishes to keep both the house and Eduardo to himself, as he seems to feel betrayed by Cherry, and wants as little as possible contact with her. Cherry in turn is worried about the effect of this upon her child. The requirements for mediation have therefore only been fulfilled by Cherry, whereas Giovani appears to
ADR Report The author of this report has been asked to prepare a brief report about a real-world example of a situation that could have gone to litigation but was instead handled via alternative dispute resolution, or ADR for short. As part of the recitation of the event, facts will be included such as the legal form of the business in question, how the case would have been processed through the
Both parties present evidence to a neutral party. However, the neutral party acts as a mediator, not simply as a finder of fact. The neutral attempts to help the parties settle the dispute based upon the neutral's evaluation of the case. The mini-trial suffers from the same drawbacks as the summary jury trial. However, its greatest strength is that, once the neutral has shown both parties their likelihood of
The four main processes of alternative dispute resolution are negotiation, mediation, arbitration and collaboration. Negotiation involves the two parties working out a solution based on the give-and-take dynamics of negotiation. With mediation, the two parties hire a mediator. The mediator plays an independent role in trying to find ways to bring the two sides together, preferably without acting as a formal adjudicator. Arbitration is a process whereby an arbiter determines
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