ADR processes provide practical and innovative ways to resolve disputes and conflict in the workplace. Alternative Dispute Resolution is being emphasized in the University as the primary means of workplace conflict resolution.

Workplace conflict is very common both in the University and in other organisations. Conflict can be productive where people have different ideas and are willing to brainstorm to find solutions. This kind of conflict can add value to the University. However most types of conflict are negative and if not properly managed can result in unhappiness, demotivation, resignations, breakdown in working and team relationships, aggression and even violence.

SOURCES OF WORKPLACE CONFLICT

Workplace conflict may arise from

• Poor or inadequate communication

• Different values

• Scarce Resources

• Personality Clashes

• Poor Performance

Conflict in the University often culminates in grievance, discipline or legal procedures which can become very costly and impact on operational efficiency and staff morale.

WHAT IS ALTERNATIVE DISPUTE RESOLUTION?

ADR has gained widespread acceptance among both the general public and the legal profession in recent years. ADR means means any procedure that is used to resolve issues, including, but not limited to, conciliation, facilitation, mediation, fact finding,
mini-trials, arbitration, and the use of an ombuds, or any combination of these. If properly used, alternative dispute resolution (ADR) can provide faster, less expensive and contentious, and more productive results in eliminating workplace disputes or conflict..

All ADR techniques involve a neutral third party, who assists others in designing and conducting a process for reaching agreement, if possible. The neutral third party has no stake in the substantive outcome of the process. To this end,

RESOLVING CONFLICT USING ALTERNATIVE DISPUTE RESOLUTION (‘ADR’)

Alternative Dispute Resolution refers to a collection of processes used separately or together for the purpose of resolving disputes informally and confidentially.

ADR processes emphasise communication between the parties and are totally voluntary in nature. They require the parties to understand each other’s perspective and concerns and to seek to find common interests and mutually acceptable solutions. It creates a joint responsibility for creative and authentic problem solving.

WHAT ARE THE TYPICAL ADR PROCESSES?

The ADR processes that will be encouraged are:

• Informal discussions
• Coaching
• Mediation
• Conciliation
• Facilitation
• Negotiation
• Arbitration
• Fact finding

WHAT DOES THE ADR UNIT HOPE TO ACHIEVE?

WHAT IS THE ROLE OF THE ADR MANAGER?

The Conflict Resolution Manager will:

• Provides guidance and advice to staff regarding ADR
• Assesses matters referred to the Unit to ensure ADR is suitable, contacts both parties to secure their participation and gathers preliminary information to determine the best ADR technique and prepares a brief for the ADR Consultant
• Appoints an ADR Consultant from the database of internal and external service providers and provides the person with a brief and the timelines for resolution
• Advocates ADR through education programmes
• identifies training needs, designs and develops training programmes for various levels of staff
• The ADR Manager also conducts mediation, conciliation and facilitation sessions as needed

HOW DOES THE CONFLICT RESOLUTION UNIT INTERFACE WITH THE EMPLOYEE RELATIONS AND LITIGATION UNITS?

ADR is the preferred dispute resolution mechanism and all grievances and misconduct cases are first assessed to determine if ADR can be applied. The ER Unit refers all cases to the ADR Manager on receipt. There is no prejudice to any parties’ rights and time-line are held in abeyance until the assessment is made and parties contacted if appropriate to determine if they are willing to try ADR. If ADR is not appropriate or both parties do not agree then the normal grievance and misconduct procedures continue.