Workplace Editorial Sept 2000

My goal as Workplace Section Editor is to provide easy access
to information about the workplace (not just in north America) that will enable you, whether as a practitioner or user, to stay up to date with developments in theory and practice. I also want to create a space where professionals and users
can meet and participate online in the development of an important dimension of the workplace: how conflict (broadly defined) is dealt with.

These are some of the initiatives that suggest vibrancy within the workplace, as it relates to the management and resolution of conflict:

1. The development of guidelines for the design of integrated conflict management systems by the Society of Professionals in Dispute Resolution is a significant development that will provide direction to practicioners and users alike. The full text of their draft is available online at www.spidr.org/article/icmsD.html. This document has attracted a lot of interest and will play an important legitimizing role for the importance of a systems approach to conflict management. It moves us in the direction of causes rather than cases.

2. The federal sector in the US has been required through law to develop workplace ADR programs.(The Administrative
   Dispute Resolution Act of 1996). Their learning curve and experience is already filtering through to the private sector. In a recent NY Times article about the US Postal Service’s REDRESS program the author asserts that investment banks,
   dot-coms and other recognized brand-name manufacturers, are interested in mediation programs, and that “what is selling them, they say, is Redress’s record.”

   For a review of some of the cost savings in federal ADR programs check out my summary
   at Facts and Figures from the Federal
   Sector. Or if you want more go to the U.S. Office of Personnel Management’s Alternative Dispute Resolution: A Resource Guide. The full
   text of the Resource Guide is available online at
   http://www.opm.gov/er/adrguide/toc.htm.

3. The US Congress is in the process of passing an act (National Employment Dispute Resolution Act of 2000)that will require the mediation of all Equal Employment Opportunity Commission complaints by certified contract mediators:

   “Regardless of whether the Commission makes an investigation under this subsection, the
   Commission shall provide counseling services regarding, and endeavor to responsibly
   address and resolve, claims of unlawful discrimination using certified contract mediators.”

   It goes further and provides impetus for the development of workplace conflict management systems:

   ” An employer who establishes, implements an approved internal conflict management
   program or system providing the use of a certified mediator participates in mediation
   under this section shall be given preferred status in contract bidding for additional and for
   maintaining current Federal Government contracts.”
   

   One commentator has suggested that the proposed legislation “packs a punch.” The full text of the draft bill is available online at
   http://mediate.com/articles/nedra.cfm. We encourage debate on the suitability of this legislation.

4. ADRWorld reports (August 31, 2000
   by Justin Kelly) that a recent survey commissione by Jams/Endispute anticipates a rise in Workplace ADR.

   “Attorneys say they expect the use of alternative dispute
   resolution for settling employment disputes to increase significantly, despite growing controversy
   over employers’ use of mandatory arbitration agreements, according to results of a survey released Aug. 26.”
   http://adrworld.com/

5. In another ADRWorld report (August 28, 2000) Justin Kelly writes about the Federal Mediation and Conciliation Services mediator credentialing plan.

   “A plan by the Federal Mediation and Conciliation Service to
   credential mediators
   and maintain a list of approved neutrals for use by government
   agencies is
   generating controversy among practitioners who say the move may
   exceed the
   agency’s authority and stifle competition.”
   
   http://adrworld.com/

6. And finally, mention must be made to the Core Principles for Federal Non-Binding Workplace ADR Programs that have been developed by the Federal ADR Council. They describe
   ten key elements that are essential in any fair and effective ADR program. You can review them at http://www.mediate.com/workplace/federaladr.cfm