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Essay / Research Paper Abstract
4 pages in length. For eighty percent of the cases brought before mediators under the auspices of Alternative Dispute Resolution (ADR), the ability for a positive, mutually workable outcome for all parties involved precludes the need for the more time consuming and costly aspects of litigation; for the other twenty percent, formal litigation is typically the next step for resolution. Bibliography lists 2 sources.
Page Count:
4 pages (~225 words per page)
File: LM1_TLCLitigADR.rtf
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need for the more time consuming and costly aspects of litigation; for the other twenty percent, formal litigation is typically the next step for resolution. However, taking the requisite
steps through the mediation process - even if the absence of a satisfactory resolution ultimately leads to legal action - helps to establish a necessary foundation upon which to "narrow
the issues, making formal litigation more manageable" (National Institutes of Health, 2005). Several situations may deem ADR an unsatisfactory choice for resolving an issue, not the least of which
includes: * A definitive or authorized resolution of the matter is required * The matter significantly affects other parties not part of the same mediation process * A full
public record of the proceeding is important * The Agency requires continuing jurisdiction over the matter in dispute * The dispute involves certain very sensitive issues (National Institutes of Health,
2005). Upon determining that ADR is not an appropriate avenue for resolution of, for example, discrimination in the workplace, a formal complaint
is then filed. It is important to note, however, that only the issues and concerns brought out during mediation are allowed to be incorporated into the formal complaint; if
additional problems arise after this point, they will not be included unless they are "like or related to the original issue" (National Institutes of Health, 2005). Moreover, unsuccessful ADR
for a workplace discrimination case does not automatically move toward the counselor stage, inasmuch as it must go back to the Office Of Equal Opportunity And Diversity Management (OEODM) for
issuance of right to file formal notice, as well as revision of the Precomplaint Intake Form. It is only after these steps are taken that the complainant can move
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