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Alternative Dispute Resolution
In 1994, the University System of Georgia Board
of Regents (BOR) established a system-wide conflict resolution
program. In response to this BOR initiative:
- ASU established an Alternative
Dispute Resolution (ADR) Committee to oversee the development and implementation of
a conflict resolution program by which disputes can be settled
in an effective, expedient, and amicable manner at the lowest
level possible.
- The method of alternative dispute resolution to be employed
is
“mediation.”
- Faculty, staff, and students are eligible for and encouraged
to seek appropriate resolution to conflicts by requesting
mediation if communication and negotiations between disputing
parties are not productive.
What is mediation?
Mediation is a form of Alternative Dispute Resolution (ADR).
It is a voluntary, informal problem solving process in which
an impartial person—the mediator— acts as a facilitator
to help parties settle their dispute. The mediator does not
make a final decision. The people in the conflict solve their
own problems; the mediator helps.
Why mediation?
Mediation offers a way for individuals to resolve or manage
their differences without becoming enemies. Mediation provides
an opportunity to see and understand the other person’s
perspective. It also allows disputants to look at more alternatives
to reach a solution. The mediator’s presence guarantees
the wants, needs, and goals of both parties are addressed.
The interests of both parties are considered in reaching a
final decision.
What are the benefits of mediation?
- Mediation promotes a win-win resolution to disputes.
- Dialogue tends to generate creative options for ending
conflict.
- Participants agree only to solutions that are acceptable
to them.
- Due to the collaborative approach, resolutions may preserve
and even enhance relationships.
- Mediation is less adversarial and costly than litigation
and less time-consuming than the grievance process.
What is the mediation process?
The mediation process at ASU consists of the following steps:
- A request for mediation is made to the chair of the Alternative
Dispute Resolution Committee.
- The ADR committee determines whether or not mediation
is an appropriate means for resolving the conflict.
- If the grievance is appropriate for mediation, the ADR
committee will recommend a trained mediator.
- The mediator meets with all parties to facilitate discussion
of the conflict.
- All parties are given an opportunity to present their
views.
- The mediator provides a structured process to facilitate
communication.
- An attempt is made to reach a mutually satisfactory agreement.
- If resolution is not achieved, then other avenues can
be pursued.
- Mediation is strictly confidential.*
*Statements made during mediation are strictly confidential
unless such statements reveal conduct which is criminal or
which poses a significant risk to the safety of others. All
notes taken during mediation are destroyed at the end of the
process.
“Peace is not the absence of conflict
but the presence of creative alternatives for responding
to conflict.”
-Dorothy Thompson
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