Reference no: EM133904998

Question

In order to constitute an effective alternative disupte resolution system the most important factor is ensuring the system provides a neutral and mediated process that does not rule in favor of either side. For an ADR system to be effective it must give the same rights that a court would when handling employee and employer disputes. (Snell, Morris. 2023). Another factor that would ensure the success of an ADR is confidentiality, This allows employees or employers to feel more comfortable and open about a situation that is occuring. An ADR system should be less time consuming and costly than taking a case to court. A main objective of using these types of systems is to have a more seamless experience with resolving disputes. By avoiding lengthy timelines and hefty costs this benefits both the employer and employee. ADR systems are also beneficial as it allows for a more custom solution. Typically in a court case the judge rules in favor of one side and provides the solution they see fits best. With ADR systems it allows employers and employees to compromise and come up with a solution that both parties are satisfied with. This also preserves professional relationships.

If I were to rule on a discharge case, the facts I would analyze would be the reason for the discharge, employee and employer conduct records, and any evidence that was provided. Analyzing the reason for the discharge is important as it is what makes the entire case. It shows you why that individual is filing a charge. After analyzing the reason comes the deep dive into the history of both the employer and employee. This is where you would look for previous records of other discharges filed on the employer, if the employee has filed one on a different company, or if either has had a bad history of misconduct in the work place. Lastly, with all of the research done on both sides you would then analyze the evidence and determine if or who it supports.