Mediation Gaining Ground Over Arbitration For Corporations – Businesses Start Thinking About How You Manage Conflict
A landmark survey recently done co-sponsored by the Cornell University’s Scheinman Institute on Conflict Resolution, the Straus Institute for Dispute Resolution at Pepperdine University School of Law, and the International Institute for Conflict Prevention and Resolution shows some interesting trends in ADR for corporations.
The survey was analyzing mediation vs arbitration but what came out included…”among other things, that more corporations have embraced mediation as a management tool and foresee its continuing use — as well as other informal approaches to early resolution of conflicts — in a wide spectrum of disputes.”
“The survey offers tangible evidence of corporations’ growing sophistication and increasing emphasis on control of the process of managing conflict, including neutral evaluation and early case assessment, approaches aimed at deliberate management of conflict in the early stages, as well as control over the selection of third-party neutrals and increasing sophistication in the use of ADR.” Read more here.
This is wonderful to see. Arbitration is fading and mediation and early stage conflict management is growing. Article after article confirms that ADR solutions make a difference in the workplace. Take a look at how your business is managing conflict. It is not as simple as a mediation clause in your contract anymore. You can also include ADR techniques and strategies side by side your internal HR schemes continually offering an alternative route to employees as well as contractors – whether disputes arise from personality conflicts to employer/employee relations. Creating an ADR identity is the growing mindset and your company can benefit from an implementation of new strategies for better ways to solve conflict.
Call us to discuss your company’s needs.