Mediation as a means to settle workplace conflict
Every organisations’ experiences some level of workplace conflict at some point or the other. Conflict is inevitable when individuals with different backgrounds, values and responsibilities come together at a single place to work. ADR may be a suitable method for resolving disagreements, conflicts and workplace issues without enlisting the services and fees of attorneys, arbitrators or the courts. ADR uses the tenants of mediation and negotiation to seek a compromise to a suitable drag for both parties. It involves less risk for the parties and results in a quicker resolution which is more fruitful.
Any employee at any level, including temporary employees, applicants for employment and former employees, may ask to participate in ADR. To do so, they must request that other involved individuals also participate. Mediation is that the sort of ADR that is most frequently used to address workplace disputes or concerns. Mediation is obtainable when an employee is experiencing conflict with a colleague or with a supervisor. For ADR to work, both parties must be willing to participate and persist with the resolution decision. Because ADR is not usually legally binding, both parties must trust one another to return in with an honest attitude and follow through on the agreement. ADR within the work setting is vital for maintaining the mission and goals of a corporation. Handling conflict constructively leads to thoughtful and researched decisions that move the organisation toward obtaining its ultimate objectives. Handling conflict destructively, however, may result in poor choices, low employee morale, and a tense working environment. Successful organisations wear down conflict in a manner that improves instead of destroys staff relationships which attempts to leave all parties satisfied with their solutions.
WORKPLACE ISSUES WHERE ADR IS NOT ADVISABLE
Using ADR within the workplace can help your organisation avoid legal expenses, a drawn-out resolution process, and a tense work environment. If one party fears violence or intimidation, action at law should be taken directly. ADR might not be fast or binding enough to guard them. ADR cannot be accustomed to decide if a regulation has been broken because it is merely for resolving personal conflicts. In cases of power imbalance, including harassment and violence, or fraud, Alternative Dispute Resolution is not the best choice.
In conclusion, all employees should be encouraged to pursue available ADR options at the earliest possible time to minimise the disruption and stress that always accompany conflict. ADR emphasises voluntary participation, neutrality, confidentiality as permitted by law, and the parties' ability to work out their outcomes.
(This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, or Religion, Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts made to ensure the accuracy and correctness of the information published, White Code VIA Mediation and Arbitration Centre Foundation shall not be responsible for any errors caused due to human error or otherwise.)