Alternative Dispute Resolution and Union Involvement


Overview
Write a 6–9-page three-part written analysis of workplace investigations, dispute resolution processes, and the impact of unions on alternative dispute processes.

Instructions
For this assessment, analyze the value of efficient workplace investigations, effective alternative dispute resolution processes, and the impact unions have on alternate dispute resolutions (ADRs).

Part 1: Hostile Work Environment Investigation

Analyze processes and key issues for conducting a legal workplace investigation.

* Read the Sexual Harassment Workplace Scenarios attached and select one scenario to respond to the following:
a. Brainstorm some investigatory questions you would like to ask the employees involved.
b. Discuss if the employee’s actions arise to the level of hostile workplace harassment.
c. Explain how the interview questions you would like to ask would be legally compliant with a hostile work environment investigation.

Part 2: Alternative Dispute Resolutions

Compare alternative dispute resolutions.

* Respond to the following questions, using your current organization for context, if possible, so that you can include your insights into organizational culture and norms.
a. What are the three most important things you would be concerned about if charged with creating a new ADR process for an organization?
b. How would you ensure that employees would not face retaliation?
c. How would you compare ADR practices, including negotiation, mediation, and arbitration?
d. In what ways are these practices similar and different?

Part 3: Different Unions, Different Issues

Assess the impact of unions on the ADR process.

* Respond to the following questions, using your current organization for context or another organization that is unionized:
a. How might having a union involved help or hinder the process for investigations?
b. Does the issue change with the presence of a union?
c. What are the benefits to the organization and employee for having a union?

Additional Requirements

Your assessment should meet the following requirements:

* Length: Your analysis should consist of three distinct sections. Use headings to organize each section of 2–3 double-spaced pages. Include a references page at the end.
* Written communication: Communicate in a manner that is scholarly and professional. Your writing should be:
a. Concise and logically organized.
b. Free of errors in grammar and mechanics.
* Validation and support: Use 3–4 relevant and credible scholarly or professional resources to support your work.
* APA formatting: Format all citations and references in accordance with current APA guidelines.

Resources
* Sexual Harrassment Workplace Scenarios (attached)
* Avgar, A. C., Lamare, J. R., Lipsky, D. B., & Gupta, A. (2013). Unions and ADR: The relationship between labor unions and workplace dispute resolution in U.S. corporations. Ohio State Journal on Dispute Resolution, 28, 63.
* Bulkeley, A. (2017). An imperfect union. Oregon Business Magazine, 40(4), 32–36.
* Grenig, J. E. (2016). Evolution of the role of alternative dispute resolution in resolving employment disputes. Dispute Resolution Journal, 71(2), 99–139.
* Lipsky, D. B., Seeber, R. L., & Avgar, A. C. (2015). From the negotiating arena to conflict management [PDF]. Negotiation Journal, 31(4), 405–413.
* Posthuma, R. A., Flores, G. L., Dworkin, J. B., & Pavel, S. (2016). Social context and employment lawsuit dispute resolution. International Journal of Conflict Management, 27(4), 547–569.
* Riker, C. N. (2018). Protecting employers by protecting employees. Indiana Lawyer, 29(1), 19–20.



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