ADR in the Workplace
Alternative dispute resolution (ADR) and the workplace truly do go hand in hand. Indeed, this is where I have centered my career, my scholarship, and my practice.
While some believe that it is unwise to mediate the resolution of a dispute, especially if it entails disclosing facts that could create a tactical advantage, I see it in reverse. Disclosing advantages can help resolve a complaint by managing/lowering the settlement expectations of the opposing party.
Mediation and conciliation in particular also result in a roughly 75% settlement rate - either at the table or shortly thereafter. If you could save a lot of money on legal fees and the unrecoverable hours of key administrators who would otherwise get tied up in discovery responses and depositions, why wouldn't you?!
If you would like to learn more, feel free to peruse some of my scholarship on the topic. I cannot promise it will be a fascinating read and that it will not put you to sleep, but I do believe it will enlighten you - as it did for the tens and tens of people who have already read some of it! Join the enlightened ones!
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