ADR "Best" Practices Prf Rob Kaplan University

OPTING OUT OF EMPLOYER ADR PROGRAMS: TIMING IS EVERYTHING; Alfred G. Feliu In the employee choice context, mediation is invariably the final step before the employee is permitted to choose arbitration or litigation. Must employees exhaust this step before proceeding with their claim in court? There is little authority on this issue to date. But what authority there is suggests that exhaustion may in fact be required. Cf. Edwards v. Poulmentis, 307 A.D.2d 1051 (2d Dep't 2003)Edwards v. Poulmentis, 307 A.D.2d 1051 (2d Dep't 2003) “the pendency of a grievance, or some other method of collateral review of an employment decision, does not toll the running of the limitations periods.” Delaware State College v. Ricks, 449 U.S. 250 (1980).Delaware State College v. Ricks, 449 U.S. 250 (1980)

Seminar Theme Based on your reading of the Alfred G. Feliu article "Opting Out of Employer ADR Programs: Timing Is Everything," list two legal issues that companies must consider when using mediation for employee dispute resolution. Consider the following question: Do you think the court decisions on these issues have been fair? Why or why not?

ADR embraces a myriad of mechanisms, approaches, and techniques. ADR) focuses on early resolution of employment discrimination complaints, and voluntary and effective alternative dispute resolution programs. From The U.S. Equal Employment Opportunity Commission's: Best Practices of Private Sector Employers

ADR embraces a myriad of mechanisms, approaches, and techniques. ADR) focuses on early resolution of employment discrimination complaints, and voluntary and effective alternative dispute resolution programs. Just going to try to work things out with the employee's supervisor, working up the chain of command, or discussing the issue with the EEO or Human Resources office. On the other hand, ADR could involve an ombudsman, mediation, peer review, and arbitration. These mechanisms may be viewed individually or as group.

EEOC ADR Policy In setting forth the Commission's guidelines on fairness, four elements are considered: voluntariness, neutrality, confidentiality, and enforceability.

EEOC ADR Policy ADR programs should include the training of persons protected under the applicable laws, employers, and neutrals.

EEOC ADR Policy the Commission has taken the position that agreements that mandate binding arbitration of discrimination claims as a condition of employment will be challenged.

EEOC ADR Policy Provide a number of ADR mechanisms for its employees to use. These include Mediation, Senior Management Review Process, Peer Review, and Arbitration.

Barnett Banks, Inc. Through its Direct Dialogue Program, employees are encouraged to bring their work-related question, problem, suggestion, or complaint to their immediate supervisor, who will respond as thoroughly and promptly as possible. If further follow-up is needed, employees may discuss their concern with their supervisor's superior or with the Human Resources Department. They are not penalized for bringing the complaint, and the company emphasizes that two-way communication and early attention to problems allow those concerned to explore all alternatives, and decide which solution is best. An Ombudsman is available for employees who are not comfortable discussing work-related issues with their supervisor or the Human Resources Department; maintains absolute confidentiality, remains impartial, assures open discussion without fear of reprisal; and for more complicated situations, but only with the employee's permission, will intervene and attempt to reach an agreement that is satisfactory to everyone involved.

Baltimore Gas and Electric Employees, assured that they can raise issues or complaints without fear of retaliation or harassment, discuss grievances with their immediate supervisor, or with the next level of management if the situation involves the immediate supervisor. Grievance Coordinator provides guidance to employee, and makes recommendations to the supervisor to ensure prompt resolution, normally within ten days. If employee is dissatisfied, he/she can continue up the chain of command to the Vice President, or have the appeal heard by a Peer Review Panel. The five panel members are randomly selected by the employee from two groups (a manager/supervisor pool and a non-supervisor pool) - three from the pool that is most like the employee and two from the remaining pool. The panel's decision is final and binding.

What does your ideal ADR policy look like?