Alternative Dispute Resolution Clause

Conflict in the workplace can be incredibly destructive to good team work, and If a disagreement arises out of a learning team , the starting point for dealing with this dispute is to identify the overriding conflict style employed by the team leader, the team or the organization through the following five steps:

Step 1: Set the scene and make sure that the parties involved understand that the conflict may be a mutual problem, which can be resolved through discussion rather than through raw hostility. Use active listening skills to ensure you hear and understand others positions and perceptions by restating, paraphrasing, summarizing, and making sure that everyone acts and talks using an assertive approach rather than an aggressive or submissive style.

Step 2: Gather information by identifying the underlying interest, needs, and concerns. Listen with empathy and ask for each persons input and confirm, and respect each others opinion. Also Identify issues clearly and concisely, remain flexible, and clarify feelings.

Step 3: Agree the problem that needs to be solved because sometimes different people will see problems differently, and by reaching an understanding a common perception of the problem the team will come closer to finding a solution.

Step 4: Brainstorm the possible solution by being open to all ideas including those that were never considered before because if everyone has given fair input everyone will feel satisfied with the resolution.

Step 5: After completing the previous four steps negotiate a solution where both sides better understand the position of one another, and a mutual decision can be executed by all parties.

Last but not least, if the disagreement cannot be settled through these steps of negotiation, the parties agree to first try in good faith to settle the dispute by mediation before resorting to arbitration, litigation, or some other dispute resolution procedure.

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