Attorney-author James McElroy, a retired executive from the Goodyear Tire & Rubber Company, said, “It’s a fairly logical reaction. As the number of court cases has grown over the years, judges all across the world have been looking for ways to reduce the number of cases on their dockets. ADR is an increasingly popular and cost-effective means of accomplishing those goals.”
In his new book, “Mediation Techniques in Employment Disputes,” (http://www.amazon.com/
“Two related developments are occurring in the American workforce,” said McElroy. “We are seeing a record high number of employment disputes. The internal employer grievance procedures are being taxed with complaints about employee treatment that may or may not be related to sex, race or age discrimination covered by law. The only cost-effective way to resolve these issues is through ADR, or mediation.”
While the number of cases continues to grow, McElroy says, “There is also increased collaboration. Many employers are cooperating with their employees, work teams, quality circles and other employer involvement procedures that allows both sides to work interactively to solve problems.”
As a result, there is an increased use of alternative dispute resolution (ADR) procedures.
“Both employers and employees are looking for dispute mechanisms that give them a significant degree of control over the outcome rather than having a judge, jury or arbitrator dictate the conclusion of a dispute,” McElroy said. “Mediation is attractive because it fulfills many of these needs. The parties mutually agree to meeting with a professional mediator who is trained to help people with differing interests to reach a mutually acceptable agreement. The mediator doesn’t decide the case, and the parties are free to agree to the terms of a settlement or walk away from it if they can’t agree.”
McElroy added that many companies have adopted internal mediation programs or are exploring such programs. Also, the Equal Employment Opportunity Commission of the U.S. Labor Department and many state fair employment practice agencies are asking employers and charging parties to take part in mediation to resolve charges. The EEOC has adopted a formal policy to use mediation as part of its charge processing procedures. Local EEOC offices have adopted mediation plans tailored to the needs of the specific.
About James McElroy, Esq
James McElroy is the CEO of NO TRIAL, Ltd., that focuses on ADR systems, arbitration and mediation. Based in Northeast Ohio, NO TRIAL, Ltd., is a provider of dispute resolution services throughout the United States. McElroy is the primary dispute resolution specialist in the group. Prior to incorporating NO TRIAL, Ltd., McElroy resolved hundreds of employment disputes while successfully leading the diversity and compliance initiatives for a $15 billion global company. He serves on several neutral panels: American Arbitration Association, National Arbitration Forum and the National Association SOc? Dealers? McElroy received his JD from the University of Akron School of Law. He is a member of the Ohio Bar Association, the Association for Conflict Resolution and National Conference of Minority Professionals in Alternative Dispute Resolution.