Alternative Dispute Resolution for Organizations: How to Design a System for Effective Conflict Resolution

Preface. Acknowledgements. Chapter 1: Introduction to ADR. Dealing With Conflict. Why not ignore conflict? Why not litigate? Setting Up A Conflict Resolution System. Existing Systems. What if you don't have a system? Do small organizations have a system? ADR Systems Design. When is Systems Design appropriate? Goals For An ADR System. Reduce Time and Cost. Improve or Maintain the Relationship. Satisfactory Outcome. Deal with Emotions. Avoid Future Disputes. What is ADR? The Types of ADR. Conflict Prevention. Partnering. Self-help. Negotiation. Mediation. Conciliation. Facilitation. Med/Arb (Mediation/Arbitration). Mini-trials. Early Neutral Evaluation. Arbitration. Litigation. Incorporating ADR Into The System-- The "Direct" Approach. Diagnosis. Interests. Rights. Exits and re-entries. Creativity. Training and evaluation. Summary. Chapter 2: Diagnosis. The System Design Team. Any Recommendation Should Improve The Existing System. Who To Consult? How to Obtain Information? Summary. Chapter 3: Diagnosis of the Organization. What Is The Culture of the Organization? What Is The Communication Structure In The Organization? How Technologically Advanced Is The Organization? What Resources Are Available? Summary. Chapter 4: Diagnosis of the Disputes. Is The Organization's Goal To Resolve Internal Or External Disputes? What Kinds Of Disputes Is The Organization Having? Factual. Technical. Interpersonal. Legal. Difference of Opinion. What Has Been Triggering The Disputes? How Does The Company Find Out About Disputes? What Kinds Of Disputes Are Likely To Occur In The Future? How Many Disputes Are There? If there are many disputes. If there are few disputes. How Many Disputants Are There? Are Certain Individuals Commonly Involved In Disputes? How Quickly Do Disputes Need To Be Resolved? Are The Disputes Cyclical? Is Relationship Important To The Disputing Parties? Is Precedent Important? Is Confidentiality Important? Summary. Chapter 5: Dispute Resolution Requirements. What Is The Mandate Of The Design Team? What Processes Have Been Used To Resolve Disputes In The Past? Preserving Assets. Should External Or Internal People Be Used To Help Resolve The Disputes? Summary. Chapter 6: Interests. Power And Rights. What Are Interests? Why Use Interest-Based Approaches First? Summary. Chapter 7: Interest-Based Negotiation. The Seven Elements Of Principled Negotiation. Alternatives. Interests. Options. Legitimacy. Communication. Relationship. Commitment. Incorporating Principled Negotiation Into The ADR System. Summary. Chapter 8: Interest-Based Mediation. The Mediation Process. Setting the Table. Storytelling. Determining Interests. Determining the Issues. Brainstorming Options. Selecting an Option. Closure. Moving from Stage to Stage. Caucusing. The One Text. Selecting Appropriate Mediators. Integrating Mediation Into An ADR System. Summary. Chapter 9: Rights. Non-Binding Processes. Rights-Based Mediation. Early Neutral Evaluation. Fact Finding. Mini-trials. Judicial Mini-trials. Private Mini-trials. Binding Processes. Courts and Tribunals. A Superior Decides. Arbitration. Processes That Combine Interest-Based And Rights-Based Approaches. Mediation/Arbitration (Med/Arb). Summary. Chapter 10: Exits and Re-entries. Loopbacks. Cooldowns. Summary. Chapter 11: Creativity. Summary. Chapter 12: Training and Evaluation. Education. Skills Training. Interest-Based Negotiation Training. Other Training. Evaluation. Go Back to Stakeholders. Commencing with a Pilot Project. The Assessment. Tools for Assessment. Assessment of Mandatory Mediation in Ontario. Summary. Chapter 13: ADR In External Disputes. Setting Up A System Before The Dispute Arises. Multi-Step ADR Clause. Negotiation. Mediation. Other Non-Binding Processes. Arbitration. Procedure is Only Procedure to Be Used. Length of the ADR Clause. Independent Organizations That Can Assist With Inter-organizational Disputes. Summary. Chapter 14: Concluding Thoughts. Appendix A: Sample Multi-Step ADR Clause. Appendix B: Procedure Manual for Mediation of Credit Disputes Between Bank of Montreal and Small- and Medium-Sized Enterprises (SME's). Appendix C: Ontario Human Rights Commission Mediation Procedures Manual. Bibliography. Index.