Presentation is loading. Please wait.

Presentation is loading. Please wait.

By the Commission on Administrative Justice Training on Effective Complaints Handling Management.

Similar presentations


Presentation on theme: "By the Commission on Administrative Justice Training on Effective Complaints Handling Management."— Presentation transcript:

1 By the Commission on Administrative Justice Training on Effective Complaints Handling Management

2

3  Set of approaches aimed at resolving disputes in a non- confrontational way  Is the commonest way of resolving disputes in society  Seeks to maintain relationships and fairness  The word ‘alternative’ used due to comparison with the judicial (conventional) dispute resolution method  Should not contravene the Constitution or any other written law

4  The Constitution sanctions the use of ADR to resolve disputes -Judiciary -State Organs (Inter-governmental & State Organs disputes) -Constitutional Commissions and Independent Offices -Public Sector institutions  Acts of Parliament -ADR is required under a number of laws such as the Commission on Administrative Justice Act

5 Alternative Dispute ResolutionJudicial Process

6 Cost and time-effective Non-confrontational and flexible Focuses on maintaining relationships (Restorative justice) Appreciates the cultural situations and addresses the root causes of disputes Confidentiality High settlement levels High user satisfaction Win-win outcome

7  Negotiation  Mediation  Conciliation  Arbitration  Reconciliation  Adjudication  Med-Arb  Truth and Justice

8  ADR is key in the management of complaints in the public sector  Public institutions are required to resolve complaints through ADR  ADR is appropriate in resolving public complaints due to the need to maintain relationships and the nature of complaints  ADR complements other complaints management mechanisms

9  Is mainly based on the use of Negotiation and Conciliation although other methods can be used  Negotiation is one of the commonest methods of ADR which is based on concessions and compromises (give & take). It can be done by the parties alone without a third party.  Conciliation entails the facilitation by a neutral and impartial third party, Conciliator, who can propose solutions. In Conciliation, solutions are reached by consensus  Are appropriate for resolving complaints under the ‘Resolution of Public Complaints Indicator’ due the ease, convenience, cost and time effectiveness.

10  Can be invoked in the following areas: 1.Employment Disputes 2.Contractual Disputes 3.Pension & Benefits Disputes 4.Service Delivery 5.Tax Disputes

11  A water company cuts the supply of water to a customer for non-payment of bills. The customer alleges that the action is unfair since the bill has been exaggerated and that his efforts to seek a solution from the company have failed. He also alleges that he had always paid the water bills on time. [Can be addressed through ADR – reconsideration of the bill, payment by installment e.t.c.]  An employee is appointed to act in a higher position for one year. however, his salary and benefits have remained unchanged since management had failed to approve payment of his acting allowance. He lodges a complaint with management who instead proceeds to issuing a warning letter to him.

12  An employee alleges that he has not been promoted/trained for over ten years since joining an organisation yet those who joined after him in the same department with similar and junior qualifications have been promoted three times or trained severally. He alleges that this amounts to discrimination against him for no good reason.  An employee alleges unfair appraisal by his senior due to past personal differences leading to loss of promotion/salary increment/reprimand/deployment. He has sought the intervention of the CEO.  A complaint that an officer has mistreated a customer and failed to serve him well. An inquiry finds that the customer was to blame for the incident and had failed to heed the advise by the officer.

13  Integration of ADR in Complaints Management  Capacity Building  Publication of Complaints Management  Encouragement to the Parties to embrace ADR in resolving their disputes  Technical Assistance from CAJ


Download ppt "By the Commission on Administrative Justice Training on Effective Complaints Handling Management."

Similar presentations


Ads by Google