Scheinman Institute on Conflict Resolution Copyright (c) 2013 Cornell University ILR School All rights reserved. http://digitalcommons.ilr.cornell.edu/icrpubs Recent documents in Scheinman Institute on Conflict Resolution en-us Fri, 01 Mar 2013 12:35:19 PST 3600 An Evaluation of the New York State Workers’ Compensation Pilot Program for Alternative Dispute Resolution http://digitalcommons.ilr.cornell.edu/icrpubs/5 http://digitalcommons.ilr.cornell.edu/icrpubs/5 Tue, 21 Mar 2006 11:11:42 PST In 1995, the State 0f New York enacted legislation authorizing the establishment of a workers' compensation alternative dispute resolution pilot program for the unionized sector of the construction industry. Collective bargaining agreements could establish an alternative dispute resolution process for resolving claims (including but not limited to mediation and arbitration), use of an agreed managed care organization or list of authorized providers for medical treatment that constitutes the exclusive source of all medical and related treatment, supplemental benefits, return-to-work programs, and vocational rehabilitation programs. The legislation also directed the School ofIndustrial and Labor Relations at Cornell University (ILR) to "evaluate compliance with state and federal due process requirements provided in the collective bargaining agreements authorized by this act, and the use, costs and merits of the alternative dispute resolution system established pursuant to this act."

In response to this legislative mandate, ILR reviewed the research previously conducted on alternative dispute resolution (ADR), generally, and in workers' compensation. This included examining the purported advantages and disadvantages of ADR, the prevalence of ADR, and published statistical or anecdotal evidence regarding the impact of ADR. ILR created a research design for claimant-level and project-level analyses, and developed data collection instruments for these analyses that included an injured worker survey for ADR claimants and claimants in the traditional (statutory)workers' compensation system, an Ombudsman's log, a manual of data elements pertaining to ADR and comparison group claimants, and interview questions for ADR signatories and other officials.

The findings in this report draw upon a comparison of claimant-level, descriptive statistics (averages) for injured workers in the ADR and traditional (statutory) workers' compensation system; the results of more sophisticated, statistical analyses of claimant-level data; and project-level information (including, but not limited to, interviews with ADR signatories and dispute resolution officials).

]]> Ronald L. Seeber et al. The Appropriate Resolution of Corporate Disputes: A Report on the Growing Use of ADR by U.S. Corporations http://digitalcommons.ilr.cornell.edu/icrpubs/4 http://digitalcommons.ilr.cornell.edu/icrpubs/4 Tue, 03 Jan 2006 12:25:00 PST A quick scan of the business and legal press reveals that, compared with a few years ago, many more disputes are being resolved through negotiation, mediation, and arbitration. The change is an incremental one, on the upper end driven by costly, difficult cases involving business risks that have called for the innovative handling of dispute resolution processes, and on the everyday level driven by the need for lower-cost, streamlined ways to handle growing numbers of ordinary disputes. Policy makers at all levels of government have encouraged this trend. Accompanying this public policy movement, increasing numbers of law firms and corporate legal departments are establishing alternative dispute resolution (ADR) practice sections, acquiring expertise or hiring experts in dispute resolution.

Many corporations are encouraging the use of ADR not only where it has traditionally been used but also to solve an ever-widening range of conflicts between the corporation and other businesses, individuals, and government agencies. In each of these relationships, it appears that the overwhelming costs of litigation have pushed corporations toward increasing their use of ADR processes. This growing trend and the widespread need for information about appropriate means of resolving corporate disputes motivated us to conduct the survey reported on here.

]]> David B. Lipsky et al. Facilitating Conflict Resolution in Union-Management Relations: A Guide for Neutrals http://digitalcommons.ilr.cornell.edu/icrpubs/3 http://digitalcommons.ilr.cornell.edu/icrpubs/3 Tue, 03 Jan 2006 11:35:33 PST Over fifty years ago George Taylor, one of the most highly respected labor-management neutrals of his time, called for third parties to take on what he termed "a mantle of responsibility for labor-management relations." Today, wide ranges of practitioners are assuming this responsibility. They are playing a variety of internal and external roles, as labor arbitrators, mediators, consultants, facilitators, dispute system designers, leaders serving on joint committees, and countless others. These individuals strive to rise above the partisan pressures that are found in any union-management relationship by helping to resolve disputes, foster problem solving, and build new institutional relations. In doing so, they are helping the institution of collective bargaining adapt in ways necessary for it to continue to be a key societal element into the next century.

As dispute resolution professionals, we need to understand the range of practices now found in different relationships, the types of roles neutrals might play, and the principles that should guide neutrals as they carry out these roles. The purpose of this report, therefore, is to outline principles for SPIDR members, other neutrals, and the parties who utilize the services of third party neutrals in contemporary labor-management relations. Specifically, we have three target audiences in mind: labor relations neutrals, steeped in the institutional nuances of industrial relations (primarily arbitrators and mediators), who are being challenged to help parties adapt to new circumstances; third-party neutrals experienced in settings outside of labor relations who are or will be working with parties in unionized settings; internal facilitator sand change agents (from labor or management) who are helping to solve problems and resolve disputes in the workplace.

Some points in this report may be completely obvious to one part of the target audience but an essential caution to another. Some of the recommendations will be controversial since they reflect an activist view of third-party roles. Importantly, this is not an overall guide to best practice for labor-management relations; instead, it is a guide to the role of dispute resolution professionals in the labor-management context. We hope that it stimulates further constructive dialogue in the profession.

]]> Richard Chaykowski et al. Designing Integrated Conflict Management Systems: Guidelines for Practitioners and Decision Makers in Organizations http://digitalcommons.ilr.cornell.edu/icrpubs/2 http://digitalcommons.ilr.cornell.edu/icrpubs/2 Tue, 03 Jan 2006 11:12:24 PST A committee of the ADR (alternative dispute resolution) in the Workplace Initiative of the Society of Professionals in Dispute Resolution (SPIDR) prepared this document for employers, managers, labor representatives, employees, civil and human rights organizations, and others who interact with organizations. In this document we explain why organizations should consider developing integrated conflict management systems to prevent and resolve conflict, and we provide practical guidelines for designing and implementing such systems. The principles identified in this document can also be used to manage external conflict with customers, clients, and the public. Indeed, we recommend that organizations focus simultaneously on preventing and managing both internal and external conflict. SPIDR recognizes that an integrated conflict management system will work only if designed with input from users and decision makers at all levels of the organization. Each system must be tailored to fit the organization's needs, circumstances, and culture. In developing these systems, experimentation is both necessary and healthy. We hope that this document will provide guidance, encourage experimentation, and contribute to the evolving understanding of how best to design and implement these systems.

]]> Institute on Conflict Resolution et al. The Arbitration Profession in Transition: A Survey of the National Academy of Arbitrators http://digitalcommons.ilr.cornell.edu/icrpubs/1 http://digitalcommons.ilr.cornell.edu/icrpubs/1 Tue, 03 Jan 2006 08:08:46 PST [From the Foreward]: That the experience, talents, and integrity of the members of the National Academy of Arbitrators are called on to resolve disputes beyond collective bargaining is not surprising. But The Arbitration Profession in Transition shows that this process is far more widespread, and is accelerating, beyond what most of us had speculated.

The study provides the baseline for the new century as to the role of Academy members in the expanding use of ADR in employment and in conflicts concerning statutory rights. It is also a remarkable census of who the Academy is, notable for the extraordinarily high participation and cooperation of those studied. It has been compiled with dedication, care, and skill.

It is more than a snapshot of a profession; it is an image worthy of contemplation as the Academy, and the users of arbitration and mediation, continue their quest for fairness and equity in the workplace.

John Kagel, President –elect, National Academy of Arbitrators, June 1, 2000.

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