- May 7, 2014
- Posted by: essay
- Category: Term paper writing
The development of the alternative dispute resolution program is essential for the effective settlement of cases and disputes between the employer and employees. In this regard, the U Corp. should develop effective alternative dispute resolution program that minimizes the risk of conflicts or disparities in the course of dispute resolutions. At this point, it is important to dwell upon key provisions of the alternative dispute resolution program.
First of all, the alternative dispute resolution program will enroll all employees and the employer. This means that the employer and employees should participate in the alternative dispute resolution. Both parties, employees and the employer, stand on the equal ground in dispute resolutions. This means that both parties have equal rights and opportunities to defend their interests and rights through disputes and resolution should match interests of both parties involved in disputes.
Furthermore, either party can initiate the dispute and suggest the dispute resolution. To put it more precisely, any dispute involves different and often antagonistic views on the resolution of the conflict. For instance, parties may have different views on employment payment policies conducted by the U Corp. In such a situation, employees can initiate the dispute demanding the company to raise wages, for instance. Or on the contrary, the company may initiate the dispute to reduce wages. In such a way, both parties can initiate the dispute to protect its own interests. At the same time, either party should have an opportunity to find a resolution to the conflict or dispute. Returning to the example of the employment payment dispute, employees may suggest raising wages for 10%, for instance, while the employer can agree on 5% rise only and the parties can agree on 7% rise of wages. In such a way, each party makes its own suggestions to the resolution of the dispute but eventually they negotiate and take a decision on the resolution of the dispute.
Either party should have an opportunity to consider another party solution. What is meant here is the fact that each party needs time to analyze the suggestion of the opposing party. After careful consideration either party can take the right decision, to suggest a resolution to the conflict or to make an offer in response to carry on negotiations and so on. In such a way, the alternative dispute resolution program can offer equal opportunities for either party.
Both parties can negotiate to come to a plausible dispute resolution. In fact, it is extremely important that the alternative dispute resolution program should provide both parties with the possibility to negotiate the dispute and find the solution that meets interests of both parties involved in the dispute. Obviously, the decision in the dispute cannot take one-sidedly because such decision may be harmful for the losing party. Therefore, the agreement is the plausible resolution of disputes. On the other hand, if the parties cannot come to agreement on the issue that provoked the dispute, it is possible to refer to the state arbitrary authorities to resolve the dispute. The decision being taken at the state level can be appealed and solved at the federal level. Ideally, the arbitrary agreement should resolve the dispute before the dispute goes to the court.
In case of a trial, both parties should be equally represented in the court. The employer will not try cases without employees’ acknowledgement, whereas employees should inform the employer before filing a lawsuit. In such a way parties should inform each other about its intentions and actions to avoid one-sided decisions, which may be harmful to either or both parties involved in the dispute. Therefore, the involvement of each party in court proceedings and informing each other about its demands and actions will help parties to negotiate the settlement before the trial and will allow each party to defend its interests effectively in the court.
Furthermore, it is important to place emphasis on the fact that the development of the alternative dispute resolution program should involve both parties. This means that employees should participate in the elaboration of the alternative dispute resolution program. In such a way, the employer will minimize the risk of conflicts after the introduction of the alternative dispute resolution program and possible problems that may arise after the introduction of the alternative dispute resolution program. At the same time, the employer will gain the support of employees if employees participate in the elaboration of the program.