Dispute Resolution and Quaker Oats
Four internal ADR processes have gained acceptance by many organizations (Evans, 1995, p. 56). These four ADR processes are as follows:

1. Open door. Open-door policies allow employees to bring their complaints directly to higher-level management. Typically, such complaints are aired on an informal basis.

2. Peer review. A peer-review panel consists of a mix of rank-and-file employees and managers who are trained in reviewing grievances raised by their fellow employees. The peer review panel holds a hearing and rules on the grievance. Peer review panels have no power to change corporate policy. Such bodies are limited to a determination of whether a policy was followed properly.

3. Ombudsman. An ombudsman is an employee who acts as a confidential resource and facilitator for other members of an organization. The ombudsman hears and investigates problems and concerns that are not readily resolved through other organizational channels. The ombudsman attempts to influence management to act on the complaint and, an ombudsman can recommend changes in systems and processes.

4. Conflict management system. An organizational conflict management system relies on specially trained people to resolve issues through a variety of techniques such as counseling, mediation and team intervention. The goal of a conflict management system is to resolve conflicts constructively before they escalate into full-blown disput

 

In the Quaker Oats case, the executive in question had been the subject of a previous sexual harassment complaint and was required by the company to attend training classes after an investigation revealed that he had engaged in a pattern of sexual harassment of female employees. In addition, the executive's compensation was reduced and he was warned that any further incidents could result in his termination. Thereafter, another female employee complained that the executive had attempted to kiss her. After the company's investigation confirmed the alleged kiss, the executive was terminated.

2. The second policy option is a progressive approach that provides for dispute resolution in employment discrimination claims through a two-step procedure that would (a) invoke a peer review process to attempt to settle a dispute informally, and which would be followed by (b) mandatory arbitration in those instances where the peer review process failed to resolve the employment discrimination claim.

Kelly, T. R., & Berke, D. L. (1996, April). What's new in ADR" HR Focus, 73(4), 15.

2. Arbitration. Arbitration can be part of a formal internal grievance procedure outlined in employee manuals or handbooks, or arbitration can be informal, so that it is proposed when a company is confronted with a formal agency charge or lawyer's demand letter on behalf of an employee (Goldstein & Payson, 1995, p. 38). Arbitration can be structured to lead to voluntary arbitration on an ad hoc basis, or to mandatory arbitration. On an ad hoc basis, voluntary arbitration can be suggested after a dispute has arisen and all other internal grievance procedures have failed. Mandatory arbitration, then, can be the so-called "final step" for dispute resolution by incorporating such requirements in handbooks or employment contracts. Arbitration is usually based on the mutual agreement of the parties. A final decision or award is made, which is binding and enforceable as a judgment in all 50 sta

 
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    Some topics in this essay  
 
    Quaker Oats | Resolution Alternative | Circuit Court | Mediation Mediation | Goldstein Payson | Kelly Berke | Oats Company | Budman Rice | Resource Management | Arbitration Arbitration | sexual harassment | employment discrimination | dispute resolution | human resource | mandatory arbitration | resource management | quaker oats | human resource management | federal law | peer review | society human resource | oats company | quaker oats company | goldstein payson 1995 | alternative dispute resolution |  
   
 
 
 
   
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