In a peer review, the panel of representatives formed to hear the dispute consist of

3. Mediation.

If die peer review does not lead to a settlement, a neutral party from outside the organization hears the case and tries to help the people in conflict arrive at a settlement. The process is not binding, meaning the mediator cannot force a solution.

Mediation, as used in law, is a form of alternative dispute resolution [ADR], a way of resolving disputes between two or more parties. A third party, the mediator, assists the parties to negotiate their own settlement [facilitative mediation]. In some cases, mediators may express a view on what might be a fair or reasonable settlement, generally where all the parties agree that the mediator may do so [evaluative mediation].

The process is private and confidential. The presence of a mediator is the key distinguishing feature of the process. There may be no obligation to go to mediation, but in some cases, any settlement agreement signed by the parties to a dispute will be binding on them.

4. Arbitration.

If mediation fails, a professional arbitrator from outside the organization hears the case and resolves it by making a decision. Most arbitrators are experienced employment lawyers or retired judges. The employee and employer both have to accept the person's decision.

Arbitration, a form of alternative dispute resolution [ADR], is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons [the "arbitrators", "arbiters" or "arbitral tribunal"], by whose decision [the "award"] they agree to be bound. It is a settlement technique in which a third party reviews the case and imposes a decision that is legally binding for both sides.

What are the advantages of arbitration?

Similar to mediation, arbitration as an alternative to litigation can allow for the saving of time and money to resolve a dispute. The parties can set limits on discovery and the issues to be decided by the arbitrator. These limitations can affect who will testify at the arbitration and what type of evidence will be allowed. The parties have more control of the arbitration process compared to court administered litigation, including where and when the hearing will be conducted. Monetary limits can also be set preventing an arbitration award from exceeding a certain value or assuring that a minimum monetary recovery is obtained.

Each stage reflects a somewhat broader involvement of people outside the dispute. The hope is that the conflict will be resolved at earlier stages, at which the costs, time, and impact of employees and other organizational stakeholders are lowest.

Mediation vs Arbitration

Mediation and Arbitration are generally contractually agreed upon substitutes for resolving disputes as opposed to resorting to a court to resolve it. The purpose and goals of Mediation and Arbitration, however, are quite different and often misunderstood.

The purpose of Mediation is to have the parties sit down with a neutral third party who tries to facilitate a monetary or other settlement to the dispute. Neither party has a legal obligation to settle the dispute, and any statements made during a Mediation are not admissible evidence in the event no settlement is reached. Mediation can be a highly efficient, cost effective tool. It can conclude quickly or it can take several hours as the mediator conducts multiple rounds of shuttle diplomacy between the parties. After many hours the parties feel personally invested in the process and neither wishes to leave without settling the dispute. It is important to remember, however, that because the mediator’s job is to get a settlement, regardless of its terms, it is up to you to determine if you can live with the settlement terms. In the event the Mediation fails and an Arbitration provision is not contained in the contract, you can enforce your rights in a court of law.

Binding Arbitration provisions, on the other hand, are a substitute for the formal process of a court. Binding Arbitration is typically conducted in front of one or three arbitrators and the Arbitration is much like a mini trial with rules of evidence. Arbitration typically proceeds somewhat faster than a case in court, and typically at a somewhat lower cost in attorney time and expense. The result of the Arbitration is final.

MEDIATION . . .

  • Is a facilitated negotiation process

  • Is an informal amicable resolution

  • Allows the parties to clear the air and resolve misunderstandings

  • Provides assistance from the Mediator to move forward

  • Give both parties full control over the final resolution

  • Is conducted by an experienced Mediation Officer who makes no decisions effecting the parties

  • Resolution is NOT mandatory; parties can still go to Arbitration

  • Is a Win-Win situation

ARBITRATION . . .

  • Is NOT a negotiation process; it is a structured hearing

  • Is a formal procedure decided by a hearing panel

  • Allows the structured presentation of evidence, testimony and witnesses

  • Gives the Panel full authority to decide the outcome

  • Gives full control to the Hearing Panel

  • Is conducted by a panel of experienced REALTORS who make the final decision and the award

  • Hearing Panel decision is final

  • Is a Win-Lose situation

What three elements are part of a high performance work system?

Elements of a high-performance work system include task design, organizational structure, reward systems, people, and systems.

What types of information would be included in a human resource relational database?

Human resource databases refer to data related to organization, employees etc which is stored in one place. Data stored in the HR database includes employees details like personal information, training, salary details, reimbursement, worksheet, time chart etc.

What is a service offered by organizations to help dismissed employees manage the transition from one job to another?

Outplacement is a service that helps a terminated employee with the transition to a new job, which can include resume writing, job search, and job coaching. Outplacement can have benefits and costs for both employers and employees, as a part of the total compensation cost of a company's labor force.

What is a typical first response in the progressive discipline system?

A verbal counseling is generally the first step of progressive discipline. A verbal counseling is intended to be used by a manager/supervisor to notify an employee that an improvement is needed in the employee's work performance and/or behavior.

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