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Dispute Resolution

Non adversarial dispute resolution: Which of its benefits does your organization need?

Benefit #1 – Neutrality. In contrast to the adversarial environment of a court, non adversarial dispute resolution facilitators are impartial and work with all the parties to a workplace dispute in your organization to help bring about an effective resolution that satisfies their respective interests.

Benefit #2 – Economy. A facilitated non adversarial dispute resolution process gives your organization control over costs and the potential to settle earlier than you could in adversarial litigation, which gets more expensive the longer it takes.

Benefit #3 - Confidentiality. All non adversarial dispute resolution proceedings are facilitated in private and in confidence, thereby protecting the reputation of your organization, its employees, and its operations from negative public or press attention.

Benefit #4 – Flexibility. The wide range of non adversarial dispute resolution techniques available and their adaptability make them a very flexible vehicle for the resolution of many different types of disputes that could arise in your workplace.

Benefit #5 – Responsiveness. We can arrange a non adversarial dispute resolution process for you on relatively short notice whenever necessary. The process usually takes less time than your organization would have to spend in adversarial litigation.

Benefit #6 – Informality. Facilitated non adversarial dispute resolution allows your organization’s disputing parties to discuss and clarify their respective needs and concerns informally and to resolve underlying issues in their relationship. This enables them to preserve and sometimes even enhance their working relationships.

Benefit #7 – Understanding. Facilitated non adversarial dispute resolution takes place in a non-threatening forum which enables the parties to a dispute within your organization to be listened to, heard and understood, and thus to appreciate each other’s positions. Because they are adopted by consensus, non adversarial dispute resolutions reflect an understanding of all the parties’ interests and are tailored to their needs.

Benefit #8 – Predictability. Litigation carries a high level of uncertainty and risk over which the parties to a dispute in your organization have little control. Facilitated non adversarial dispute resolution puts the parties in control of the process with greater certainty that a mutually satisfactory solution will be reached.

Benefit #9 – Effectiveness. Facilitated non adversarial dispute resolution processes have a high success rate. Valuable lessons are invariably learned by the parties from having experienced the process. As a result, over time disputes in your organization are settled with increasing efficiency and effectiveness.

Why choose us to bring you these benefits?

Reason #1 – Professionalism. The non adversarial dispute resolution facilitator serves as a neutral third party who is expected to ensure a healthy process and a productive dialogue. We bring to this demanding role a high level of facilitation experience and specialized process knowledge that help to produce effective dispute resolutions and ensure that your organization uses the non adversarial process correctly.

Reason #2 – We Facilitate Interest-Based Problem Solving and Strive-for-Consensus Decision Making. When providing this non adversarial dispute resolution support, we: work simultaneously with all of the participants in a meeting convened to prevent, resolve, minimize or contain a dispute; provide strictly procedural guidance as to how the group members can efficiently move through the steps of whatever informal problem-solving or decision-making methods they are using to reach their meeting objectives; and (when requested) train and certify members of your organization in the effective performance of basic, intermediate and advanced group facilitation responsibilities—giving them the skills they need to support interest-based problem solving and strive-for-consensus decision making meetings on their own.

Reason #3 – We Facilitate Conciliation. When facilitating this non adversarial dispute resolution process, we typically help disputing or potentially disputing parties to: establish communication, practice greater openness, clear up misperceptions, develop positive perceptions of each other, deal with strong emotions, get to know each other better, and build enough of a relationship to take the risks associated with working together on the next steps in addressing their current, recent or potential differences

Reason #4 – We Facilitate Mediation. When facilitating this non adversarial dispute resolution process, we: intervene in a dispute or negotiation to help the parties voluntarily reach an acceptable resolution, make primarily procedural suggestions regarding how the parties can progress toward reaching agreement, occasionally suggest substantive options as a means of encouraging the parties to expand the range of possible solutions under consideration, often work with the parties individually to explore acceptable resolution options or to help them develop constructive proposals, and (when requested) train members of your organization in the effective performance of each of these mediation steps.

Reason #5 – We Facilitate Government-Industry Regulatory Negotiations. When supporting this non adversarial dispute resolution process, we facilitate the meeting(s) of a government-industry joint advisory committee chartered by federal or state government to negotiate the text of a proposed rule before it is published in the Federal Register or one of its state counterparts. In our experience, the effective facilitation of a negotiated rulemaking considerably shortens the time and significantly reduces the resources needed to promulgate sensitive, complex and far-reaching regulations that are often mandated by statute.

Reason #6 – We Facilitate Labor-Management Partnering. When supporting this non adversarial dispute resolution process, we design and facilitate interventions that help a government agency and one or more unions representing its workforce to establish and maintain forums, structures, processes and activities in which they can develop a collaborative approach to issue identification; agree to share the risks involved in joint undertakings; formulate and apply confidence, trust and respect building behavioral ground rules; identify and define their common and separate interests; explore and respect their legitimate and significant differences; improve their coordination, communication and information sharing; integrate end-to-end empowerment with individual responsibility and management accountability; and maintain an interest-based problem-solving and strive-for-consensus decision making approach to non adversarial dispute resolution.

Reason #7 – We Facilitate Non Adversarial Bargaining. When supporting this non adversarial dispute resolution process, we train members of your organization in interest-based methods of problem solving and strive-for-consensus methods of decision making. We also help them apply these methods to the identification and resolution of workplace issues that could otherwise cause costly damage to long-term working relationships. If your organization’s workforce is unionized and it is agreeable to all parties, we can use interest-based non adversarial bargaining in place of power-based or rights-based adversarial bargaining to design, facilitate and document the outcomes of term and mid-term collective bargaining contract negotiations.

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OD Institute
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