People thrive on conflict in most areas of their lives - football games, political debates, legal disputes - yet steer clear from workplace conflicts. But conflict is actually a healthy way to challenge the existing order and essential to change in the workplace. The real problem is not conflict per se, but managing conflict. This authoritative manual explains step by step how to design a complete conflict resolution system and develop the skills to implement it. Packed with exercises, case studies, and checklists, the book also supplies: * an overview of workplace conflict * diagnostic tools for measuring it * techniques for resolving conflict, such as negotiation, labor/management partnerships, third-party dispute resolution, mediation, arbitration, more." "
This work is a systematic study of the genesis, operation and outcomes of alternative dispute resolution (ADR) in Ireland. ADR innovations are examined in the context of long-run changes in the pattern of conflict in the workplace and against the background of commercial and regulatory developments bearing on organizations.
"Managing Workplace Conflict critically analyses Alternative Dispute Resolution (ADR) in Australian workplaces. It includes coverage of: various ADR techniques and the roles played by ADR practitioners in workplace conflict; the need for workplace grievance policies and the forms these can take; the suitability of ADR for various types of disputes; the effects of the Work Choices Act 2005 (Cth) on dispute resolution; and three case studies where ADR was utilised in workplace conflict and the experiences of both the human resource consultant and their clients. Managing Workplace Conflict is written against the background of a rapidly changing Australian labour market. It argues that ADR in the Australian workplace needs to be conducted with an understanding of the changed industrial relations environment and the power differences between key workplace stakeholders, as well as commitment to ethical practice and workplace justice. It presents the key concepts central to the practice of ADR in Australia and provides a practical, useable reference book for both the professional and the student." -- back cover
With the explosion of workplace litigation and the skyrocketing costs associated with it, employers in both the private and public sectors are seeking new ways to swiftly and inexpensively resolve disputes with their employees. Alternative dispute resolution (ADR) procedures offer ways to do this and, according to recent reports, more than 100 major corporations have made use of them. Not only are the costs of trying a workplace dispute before a jury avoided, but also due process requirements have been observed. McDermott and Berkeley introduce executives to ADR, how it's done, and its benefits. This book will be interesting and important reading for executives and for legal counsel that may be unfamiliar with ADR. The reader is first introduced to the employment litigation revolution that is sweeping the country. The authors explain the various contextual factors that have caused this rise in litigation, including the Civil Rights Act of 1993, the Family and Medical Leave Act of 1990, and the Americans with Disabilities Act. Given this new legal environment, the book explores how ADR can assist an employer in avoiding or reducing the costs of employment law litigation. The subject of ADR is divided into mandatory and nonmandatory procedures. Finally, the authors discuss how an employer can introduce a binding arbitration procedure that diverts employment litigation from a jury to an arbitrator. Drafting tips and model clauses are included should an organization seek to develop a mediation procedure, arbitration procedure, or both.
Volume 22 of Advances in Industrial and Labor Relations focuses on new approaches to managing resolving workplace disputes and alternative dispute resolution (ADR) from both theoretical and empirical perspectives and includes contributions from leading international scholars, including J. Ryan Lamare, William K Roche and Paul L. Latreille.
Have the speed, informality, and low cost of the grievance and arbitration system deteriorated? Has the system become too adversarial? Has it lost its problem-solving character? This book examines the nature and degree of change in workplace dispute resolution in the context of ongoing changes in work and in labor relations.The volume begins with an editors' introduction that provides context and offers a political perspective on the current state of dispute resolution in the workplace. The chapters that follow contain critiques of the existing legal framework surrounding mandatory arbitration in the nonunion sector and a review of the empirical literature on nonunion dispute resolution. Employment Dispute Resolution and Worker Rights in the Changing Workplace includes sections on grievance mediation, the status of the grievance procedure in workplaces with extensive worker and/or union participation in decision making, and high-performance workplaces. The study concludes with trends in dispute resolution in the public sector and with the alternative dispute resolution system commonly practiced in the unionized construction industry.
“Raines masterfully blends the latest empirical research on workplace conflict with practical knowledge, skills, and tools to effectively manage and prevent a wide range of conflict episodes. This is a highly applicable ‘top shelf book’ that will assist anyone from the aspiring manager to top level management and leadership in the public, private, and nonprofit sectors. It will also be a fast favorite of professors, trainers, and students of business and conflict management.” - Brian Polkinghorn, Distinguished Professor, Center for Conflict Resolution, Salisbury University. “With her broad dispute resolution, teaching, and editing experience, Susan Raines is uniquely qualified to organize what is known about conflict management in the workplace. She has succeeded in providing private, public, and nonprofit managers with accessible concepts and tools to deal effectively with the internal and external conflicts they must confront every day. Essential reading for all managers!” - Alan E. Gross, senior director, training coordinator, New York Peace Institute “After reading an advance copy of Raine’s impressive book, I can’t wait to begin to use it as a seminal text in my classes in organizational conflict. I am amazed at her ability to cover so well such disparate subjects as systems design, public policy disputes, small and large group processes, customer conflicts, conflicts in a unionized environment, and conflicts within regulatory contexts. Her user-friendly writing style is enhanced by her salient examples of exemplary and mistake-laden practices within public and private sector organizations. A ‘must-read’ for scholars, students, and practitioners interested in organizational conflict.” - Neil H. Katz, professor, Conflict Analysis and Resolution, Nova-Southeastern University “Conflict management skills are essential to a manager’s success. Raines, a leading scholar and practitioner, provides a comprehensive and strategic new guide to these critical skills and how to use them in any organization.” - Lisa Blomgren Bingham, Keller-Runden Professor of Public Service, School of Public and Environmental Affairs, Indiana University
