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Amy Norton 11:14amApr 20 at 11:14am This is a very interesting topic that I think will continue to be discussed and debated over time. I don't think employees feel like they should be forced into these agreements as a hiring contingency even though I understand the employer's preference for having them as it can protect them from dangerously expensive court proceedings. I do think as more companies move away from these, the employees will see they have more options and that could lead to fewer companies requiring them in the future. It would also seem to me that employers should do a better job of educating their employees and leaders about what behavior can lead to these legal concerns. While there isn't enough policy in the world to eliminate them completely, it would seem that employers should want to put in as much effort as possible to reduce risk then they may not feel the need to require and ADR. I think you bring up a valid point about evaluating the needs of the employees. What sort of actions do you think employers can take to be more transparent and set up the culture that shows value to their business but also their employees? Brittany Luther 5:45pmApr 20 at 5:45pm Alternative Dispute Resolution, also knows as ADR is a booming topic amongst many employers these days. To the point where it is a common agreement or document that could be presented in new hire orientation or onboarding. An ADR agreement is common because it sets the stage early on in employment for the employees to know it is a resource that is offered. It provides the understanding that mediation or arbitration are options the company will try to facilitate before escalating to court systems. Benefits to ADR: ADR can offer the parties an opportunity for an quicker resolutions to disputes, by gaining common ground in real time. Rather than waiting on a court date, judge, ruling and such. The court does not write the terms, the parties will help do so. It also costs much less and will not absorb as many resources. It cost less because it doesn't have to go through a legal team like attorney fees or law firms fees. Another added benefit is the length of time it takes to come to resolution this year. Sometimes mediation or disputes can take years to resolved through the legal system. ADR yields quicker results. (EEOC. n.d) Disadvantages to ADR: ADR can be less expensive because it is handled by personnel who is not vetted out through a legal system. Meaning there is room for biases, judgement calls, unethical treatment or room for persuasion. There are also times where the parties may feel like it is not real resolution and therefore do not feel like justice was served. It may not always feel as legally binding. This can drag out the process and make it so it is not a cost effective in the long run. In some cases as well, the mediation or ADR techniques still end up in a courtroom anyways. There is always a chance that the ADR is not the most effective path. This would be often the case for union based cases. SHRM has stated this in regards union and ADR cases "When a union is a party to the litigation, ADR may be less likely to result in a resolution than if the litigation is just an individual's charge". It is about knowing what works and what does not for all parties involved. As an HR professional I don't think it is a bad idea to have something sign that speaks into the idea of ADR when/if the time comes. It is no different then providing an ethics phone line, you provide it so they are aware and in hopes they will know what to do if they need it. Awareness and communication are always helpful tools to have. Britt SHRM. NLRB Expands Alternative Dispute Resolution Program. Smith, Allen.2018, August 17. https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/labor-relations-nlrb-alternative-dispute-resolution.aspxLinks to an external site. U.S Equal Employment Opportunity Commission. EEOC. Federal Sector Alternative Dispute Resolution Fact Sheet. (n.d). https://www.eeoc.gov/federal-sector/federal-sector-alternative-dispute-resolution-fact-sheetLinks to an external site. Marcus Mccall TuesdayApr 18 at 10:06pm Mandatory ADR provisions in employment contracts have become common as many employers require employees to sign agreements that mandate mediation and arbitration for work-related disputes. The main advantage of mandatory ADR is that it can be less costly and more efficient than going to court. ADR is often less expensive than a formal court proceeding, which can significantly benefit employers trying to keep costs down. In addition, ADR can be faster and more flexible than court proceedings, which can help to resolve disputes more quickly. Another benefit of mandatory ADR is that it can be more confidential than court proceedings (Remington et al., 2012). The parties can agree to keep the proceedings confidential, which is especially important for employers concerned about protecting their reputations and trade secrets. Finally, ADR can result in more informed decisions, as mediators and arbitrators have expertise in employment law. However, mandatory ADR provisions in employment contracts also have drawbacks, including limited employee rights, as there may be limited discovery and no right to a trial by jury. In addition to that, mandatory ADR provisions can create a power imbalance between the employer and the employee, as employers may have more bargaining power in negotiating the terms of the agreement. Many employers are now requiring ADR provisions in employment contracts. It is necessary because ADR can save the employer money, time, and resources (Cortés, 2022). This also provides the benefits of confidentiality and informed decision-making. Also, employers may be able to negotiate favorable terms for ADR agreements that can help protect interests in the event of a dispute. The decision of employment should be contingent on the employee signing a mandatory ADR agreement is complex as it ultimately depends on multiple factors. Mandatory ADR provisions can have advantages for both employers and employees, and the decision to agree should include a condition of employment that must be carefully considered. Signing a mandatory ADR agreement by an employee consists of a state of work that may be seen as coercive and unfair if employees are not allowed to negotiate the terms of the agreement. It can create a power imbalance between the employer and employee, making it difficult for employees to assert rights in the event of a dispute (Eeoc.gov, 2023). From the employer's perspective, requiring employees to sign a mandatory ADR agreement can streamline the dispute resolution process, and it can help save the employer time and money. If the ADR agreement is carefully crafted, this can provide employees with certain benefits. Benefits may include a more confidential dispute resolution process and access to expert mediators. The decision to make employment contingent upon the employee signing a mandatory ADR agreement should be based on careful consideration of the benefits and drawbacks of the agreement. This is required to have a thoughtful evaluation of the employer's goals and the needs of employees (Tahura, 2019). In addition, employers should strive to create fair and transparent agreements with mutual benefits. This can help prioritize the interests of both employee and employee in a dispute. References: Cortés, P. (2022). Embedding alternative dispute resolution in the civil justice system: a taxonomy for ADR referrals and a digital pathway to increase the uptake of ADR. Legal Studies, pp. 1–19. Eeoc.gov (2023), Prohibited Employment Policies/Practices, Retrieved on: 15/04/2023, Retrieved from: https://www.eeoc.gov/prohibited-employment-policiespractices Remington, J., Heiser, R. T., Smythe, C., & Sovereign, K. (2012). Human resources law (5th ed.). Pearson. Tahura, U. S. (2019). Does mandatory ADR impact access to justice and litigation costs? Australasian Dispute Resolution Journal, 30(1), 31-8.