Alternate Dispute Resolution
PCG Alternate Dispute Resolution (ADR) program has three major components, mediation, arbitration, and conciliation. Arbitration and conciliation are processes, like mediation, that involves a third party; but unlike mediation takes the resolution process out of the hands of the employer and the employee.
Mediation is a process that facilitates a dialog between two parties, such as two employees in dispute or an employee and management that are in dispute, and assist the two parties in coming to their own resolution. Unlike the other two processes, mediation is voluntary for both parties. Mediation is successful in excess of 80% of the time it is used and the resolution is typically much more satisfactory for both parties, creating a win-win environment, rather than one mandated through the arbitration or conciliation process which always results in a win-lose scenario. PCG can conduct Arbitration’s and Conciliation’s if needed or required.
Workplace conflicts are inevitable. Today disputes between employees and employers are on the increase. Many employees have brought charges of discrimination and/or employment lawsuits against their employers.Voluntary mediation is the most effective, fair, informal, the least costly and most confidential method of resolving any employment related dispute that exist today. The primary advantages of mediation are:
- All parties involved in the process have a stake in the outcome;
- Investigations and/or lawsuits can be put on hold pending the outcome of mediation;
- In the vast majority of cases, the conflict can be resolved the day of the mediation;
- There are no rules of evidence;
- The mediator is independent, third party and neutral to the disputants;
- The mediator is a facilitator, not a trier of fact;
- Saves companies time and money spent on investigations and/or lawsuits;
- Mediation is the only method of resolving disputes where both parties have control of the outcome;
- Mediation is the only method of dispute resolution that results in a win-win atmosphere;
- It is not necessary to have an attorney at a mediation;
- In mediation, both parties have to agree to the proposed resolution;
- Not all mediations result in monetary resolutions;
- Mediation can be done between any two disputants such as the employer and the employee or between the company and clients/customers.
Many companies have seen the value in mediation and have implemented mediation programs within their organization. Regulatory agencies such as the Equal Employment Opportunity Commission (EEOC) are now conducting mediations. The EEOC has been holding mediations on cases filed with them since 1996, and the California Department of Fair Employment and Housing (DFEH) began conducting mediations on their caseload as of April 2001.