Dispute resolution processes are the methods or techniques that a company uses to resolve any dispute that occurs in the company. In this chapter, we will see that the dispute resolution processes are broadly divided into two major types −
- Adjudicative processes − Process like litigation or arbitration, in which a judge, jury or arbitrator is involved and determines the result on the basis of facts and proofs presented.
- Consensual processes − Process like collaborative law, mediation, conciliation, or negotiation, in which the parties attempt to reach to a settlement through mutual understanding.
Dispute Resolution is an essential requirement in national as well as international HRM. Even in International Trade, the disputes are resolved by negotiation, mediation, arbitration and legal actions.
Dispute Resolution Procedures
As a first step, complainants should try to resolve queries and complaints by contacting their immediate supervisor. This initial contact should be made within ten (10) working days from the occurrence of an issue.
The supervisor, manager or department head should then arrange a meeting with the complainant, and all the concerned parties should make an effort in good faith to resolve the issue. The HRM Generalist will be available to help in these initial efforts to resolve the disputes.
If the dispute cannot be resolved through the efforts mentioned above, the parties may be referred to the HRM Generalist to discuss whether mediation is a correct means for resolving the dispute.
Mediation is a process that helps people resolve conflicts for themselves in a mutually acceptable way in which everyone engaged in the dispute meets with one or more trained mediators. In a private setting, the mediator provides a sequential, simple process for the parties to discuss their dispute along with their feelings, perceptions and needs.
The aim is to begin interaction and move towards resolving the dispute in a manner agreeable to all. If the parties fail to informally resolve the dispute, if they do not wish to pursue mediation or if they are unsuccessful in resolving the conflict through mediation, the HRM Generalist will advise the person raising the conflict as to what other resources are available, if any.
Prohibition of Retaliation − Any attempt to intimidate or retaliate against a person for raising a conflict or participating in dispute resolution under this policy is strictly forbidden. Any individual who makes such an attempt will be subject to disciplinary action, up to and including separation from employment.