Alternative Dispute Resolution for Organizations How to Design a System for Effective Conflict Resolution
Auteur : Stitt Allan J.
Preface xv
Acknowledgements xix
Chapter 1: Introduction to ADR 1
Dealing With Conflict 3
Why not ignore conflict? 4
Why not litigate? 4
Setting Up A Conflict Resolution System 6
Existing Systems 7
What if you don’t have a system? 8
Do small organizations need ADR systems 9
ADR Systems Design 9
When is Systems Design appropriate? 10
Goals For An ADR System 11
Reduce Time and Cost 11
Improve or Maintain the Relationship 12
Satisfactory Outcome 13
Deal with Emotions 13
Avoid Future Disputes 13
What is ADR? 14
The Types of ADR 15
Conflict Prevention 15
Partnering 15
Self-help 15
Negotiation 16
Mediation 16
Conciliation 16
Facilitation 16
Med/Arb (Mediation/Arbitration) 16
Early Neutral Evaluation 17 Arbitration 17 Litigation 18 Incorporating ADR Into The System— The “Direct” Approach 18 Diagnosis 18 Interests 19 Rights 19 Exits and re-entries 19 Creativity 20 Training and evaluation 20 Summary 23 Chapter 2: Diagnosis 25 The System Design Team 25 Any Recommendations Should Improve The Existing System 27 Who To Consult? 28 How To Obtain Information? 30 Summary 35 Chapter 3: Diagnosis of the Organization 41 What Is The Culture of the Organization? 41 What Is The Communication Structure In The Organization? 44 How Technologically Advanced Is The Organization? 45 What Resources Are Available? 46 Summary 51 Chapter 4: Diagnosis of the Disputes 53 Is The Organization’s Goal To Resolve Internal Or External Disputes? 54 What Kinds Of Disputes Is The Organization Having? 55 Factual 55 Technical 56 Interpersonal 56 Legal 57 Difference of Opinion 57 What Has Been Triggering The Disputes? 58 How Does The Company Find Out About Disputes? 59 What Kinds Of Disputes Are Likely To Occur In The Future? 60 How Many Disputes Are There? 60 If there are many disputes 61 If there are few disputes 62 How Many Disputants Are There? 63 Are Certain Individuals Commonly Involved In Disputes? 63 How Quickly Do Disputes Need To Be Resolved? 64 Are The Disputes Cyclical? 65 Is Relationship Important To The Disputing Parties? 66 Is Precedent Important? 67 Is Confidentiality Important? 68 Summary 74 Chapter 5: Dispute Resolution Requirements 75 What Is The Mandate Of The Design Team? 75 What Processes Have Been Used To Resolve Disputes In The Past? 76 Preserving Assets 77 Should External Or Internal People Be Used To Help Resolve The Disputes? 78 Summary 81 Chapter 6: Interests 83 Power And Rights 84 What Are Interests? 85 Why Use Interest-Based Approaches First? 87 Summary 90 Chapter 7: Interest-Based Negotiation 91 The Seven Elements Of Principled Negotiation 92 Alternatives 92 Interests 94 Options 95 Legitimacy 97 Communication 98 Relationship 100 Commitment 102 Incorporating Principled Negotiation Into The ADR System 102 Summary 105 Chapter 8: Interest-Based Mediation 107 The Mediation Process 108 Setting the Table 108 Storytelling 111 Determining Interests 112 Determining the Issues 113 Brainstorming Options 114 Selecting an Option 114 Closure 115 Moving from Stage to Stage 116 Caucusing 117 The One Text 118 Selecting Appropriate Mediators 119 Integrating Mediation Into An ADR System 120 Summary 123 Chapter 9: Rights 125 Non-Binding Processes 126 Rights-Based Mediation 126 Early Neutral Evaluation 127 Fact Finding 127 Mini-trials 128 Judicial Mini-trials 128 Private Mini-trials 129 Binding Processes 130 Courts and Tribunals 130 A Superior Decides 130 Arbitration 131 Processes That Combine Interest-Based And Rights-Based Approaches 133 Mediation/Arbitration (Med/Arb) 134 Summary 137 Chapter 10: Exits and Re-entries 139 Loopbacks 140 Cooldowns 141 Summary 144 Chapter 11: Creativity 145 Summary 154 Chapter 12: Training and Evaluation 155 Education 155 Skills Training 157 Interest-Based Negotiation Training 158 Other Training 158 Evaluation 159 Go Back to Stakeholders 159 Commencing with a Pilot Project 160 The Assessment 160 Tools for Assessment 161 Assessment of Mandatory Mediation in Ontario 162 Summary 165 Chapter 13: ADR In External Disputes 173 Setting Up A System Before The Dispute Arises 174 Multi-Step ADR Clause 174 Negotiation 175 Mediation 175 Other Non-Binding Processes 176 Arbitration 177 Procedure is Only Procedure to Be Used 178 Length of the ADR Clause 179 Independent Organizations That Can Assist With Inter-organizational Disputes 179 Summary 181 Chapter 14: Concluding Thoughts 183 Appendix A: Sample Multi-Step ADR Clause 185 Appendix B: Procedure Manual for Mediation of Credit Disputes Between Bank of Montreal and Small- and Medium-Sized Enterprises (SME’s) 193 Appendix C: Ontario Human Rights Commission Mediation Procedures Manual 205 Bibliography 217
Mr. Stitt is an Adjunct Professor at the University of Toronto Law School, where he teaches courses on Conflict Management and Negotiation. He is President of the Arbitration and Mediation Institute of Ontario, past Chair of the ADR section of the Canadian Bar Association (Ontario), and is on the Board of Directors of the Canadian Foundation for Dispute Resolution. He has designed ADR systems for a number of organizations including the Canadian Bankers Association, the College of Physicians and Surgeons of Ontario, the Law Society of Upper Canada, the Bank of Montreal, and the Ontario Human Rights Commission.
Mr. Stitt is a graduate of the University of Toronto, the University of Windsor Law School, the University of Detroit Law School, and Harvard Law School.
Date de parution : 01-2000
Ouvrage de 256 p.
15x22.9 cm
Thème d’Alternative Dispute Resolution for Organizations :
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