Tuesday, February 16, 2010

MGMT 3430 Chapter 10

1. Concept and Brief Description

Alternative Dispute Resolution (ADR) is methods of solving a problem by bringing in an impartial third party that is not the court. ADR has four steps that it goes through they are:

a. Open-door policy

b. Peer review

c. Mediation

d. Arbitration

A problem will proceed through each of the step until a resolution can be reached. Huston-based Kellogg, Brown and Root used ADR for four years and saw a 90% drop in legal fees. Of 2000 disputes only 30 reached the stage of binding arbitration.

2. Emotional Hook (provocative question/claim/real-life problem)

• How might the four steps of ADR help reach a resolution quicker and more cost effective than by using the courts?

• Have you ever had to use a company’s open-door policy before?

o How did it help you?

3. Key Points to Elicit in Discussion

a. Open-door policy- this is a policy that makes managers available to hear employee issues and complaints.

b. Peer review- In this the dispute is taken before a panel of representatives from the organization that are at the same levels as those in the dispute.

c. Mediation- This is a non-binding process where a neutral party from outside the company hears the case and attempts to help the people resolve their conflict and arrive at settlement.

d. Arbitration- This is a binding process where a professional arbitrator from outside the company hears the case and then resolves it by making a decision. This person is usually a judge or a lawyer.

4. Facilitative Questions

• If you were a company owner how might you use the ADR steps to help your company grow?

• Does this seem like a better way of dealing with issues?

o How is it better?

1 comment:

  1. Hi folks:
    As the coiner of the term Facilitative Questions (I coined the term in the 80s), I'd like to suggest that you are using the term incorrectly. You seem to mean 'facilitating questions.' And your questions above seem to have a bias.

    Facilitative Questions are formulated in a way that helps the person discover their unconscious decision making criteria and figure out how to make a new decision that enhances their status quo. They are not based on gathering data.

    A true Facilitative Question would be: How would you know that using ADR steps would give you the sort of results you require?

    If you want more information about these questions and how to formulate them - they are very very different from conventional questions - you may want to look at my new book Dirty Little Secrets. Or contact me: sdm@austin.rr.com www.newsalesparadigm.com