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Since
1998, Corporate Point a senior sister company of MediationJD.
has been assisting organizations to improve human resources morality,
productivity and performance. Our work is collaborative, involving
client personnel and resources and the transfer of skills to the
client.
We
design and implement programs for its Professional Development Course
in the areas of alternative dispute resolution, ethical conduct and
leadership. Feedback from
the workshops enables the presidents to remove inadvertent internal
ethical conflicts, and to help prevent external ethical problems. The
organization emphasizes to its employees and its customers that it
expects to do well by doing right. Our approaches revolve around a
simple idea: Improving the client's condition
Our
experience and results indicate that improved performance requires
investment in people, systems and support structures. However, that
investment does not require additional resources, but rather the
redeployment of talents, resources and energy already present
If your organization has
problems managing disputes, whether because of their frequency, size,
complexity, timing or number, we can help you design a Dispute
Resolution System to better manage those disputes
Over the years, we have helped design Dispute
Resolution processes for corporations, institutions and a variety of
both public and private sector organizations
What
is ADR System Design?
Conflict exists in all areas
of life, and certainly within organizations, both public and private.
The existence of conflict is a necessary catalyst that allows an
organization to survive, evolve, and progress in changing times. The
goal in dealing with conflict is not to eliminate it but to respond to
it constructively, rather than destructively.
Dealing with conflict constructively results in well-considered decisions
that move the organization forward toward achieving its objectives.
Dealing with conflict destructively, however, results in bad
decisions, low morale, and unhappy employees.
Successful organizations deal with conflict in ways that improve rather
than destroy relationships, and that endeavor to leave everyone
satisfied with the processes used to arrive at solutions, whether or
not they agree with those solutions.
Existing
Dispute Resolution Systems
Few organizations have
undertaken an analysis of the kinds of disputes that arise in order to
determine whether the processes and structures they are using are the
most effective to achieve the organization's goals.
Many organizations deal with disputes as they arise, with little or no
structure. Others are unaware of their options for dispute resolution,
or the costs and benefits of the various options. And where
organizations have disputes with each other, they may automatically
sue rather than exploring cheaper and faster alternative dispute
resolution processes that may preserve their relationship.
Some large organizations (and unionized environments) have dispute
resolution systems established, perhaps through the collective
agreement. However, that does not mean that these workplaces should
not undertake a systems design analysis to determine how to improve
the system. Employees and management will need to work together to
design processes that benefit the people both inside and outside the
organization.
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ADR System
Design
ADR
system design helps to match the appropriate dispute resolution
process with the type of dispute and the culture of an organization.
The analysis produces a dispute resolution structure that is both
appropriate for the organization and cost effective. Because there
is no cookie-cutter solution for disputes, the organization must
assess its needs to determine which processes are appropriate in
particular circumstances, and how they can best be incorporated into
the organization's culture.
Goals
of ADR System Design
Each
system design project is different, but they tend to have the goals
of:
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Minimizing
the number and frequency of disputes
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Saving
costs on handling disputes (including sometimes legal costs).
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Resolving disputes faster
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Providing an outlet for disputants to discuss frustrations
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Achieving results that are stable and enforceable
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Maintaining good relationships with stakeholders
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Avoiding
protracted disputes by providing a framework to deal with future
disputes as they arise
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Developing
processes that are flexible enough to handle a range of dispute
types in an appropriate manner
System Design Methods
Our approach to system design is to work closely with the members of the
organization. A design team is typically established (including
Dr.SK Sharma and key personnel from the organization). The
organization's personnel on the design team bring to the team a
thorough understanding of the organization's goals and constraints,
and Dr.SK Sharma brings its familiarity with ADR processes and how
they operate.
Our
tools and methods for Alternative Dispute Resolution System design
include:
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Diagnosing
of root causes and issues through a combination of methods, including focus groups, surveys, meetings, consultation
with all stakeholders, and interviews.
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Analyzing
organizational needs
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Designing
appropriate Dispute Resolution methods such as prevention,
negotiation, mediation, arbitration, and peer review.
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Considering
a range of creative interest-based to rights-based methods
including loop-backs, exits, and re-entries
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Establishing
pilot projects and related training and education where
appropriate
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Evaluating the System to
enhance and improve its implementation
What
MediationJD can do for you?
Please
contact MJD services coordinator at 310-544-1434 or email at info@MediationJD.com
for more information about Alternative Design Resolution System
Design, implementation and training for your organization.
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