Alternative Dispute Resolution mechanisms

Litigation and administrative adjudication are the traditional methods of dispute resolution. Alternative dispute resolution was introduced alongside other methods of conflict management techniques. ADR uses a third party who should be neutral. The third party may be a facilitator, mediator or an arbitrator. ADR has been recommended by several legal Acts as a faster method of solving civil disputes (Berkeley  McDermott, 1996).

The implementation of ADR has encountered several obstacles. Some of the obstacles are fear to loose control as well as incur oversight by the federal government. Lack of support, inadequate resources and lack of knowledge about these laws also causes some obstacle to the implementation of ADR. There is a great concern about confidentiality in the ADR system. Lack of uniformity in application of the ADR laws also creates a problem (Mills  Nagel, 1991).

Resource dependence theory
This theory explains that organizations depend on each other to obtain resources as well as progress in their activities. Organizations cannot rely on themselves and they need the other organizations within the society. The dependency is both internal and external. The inter-organizational dependence results in the external organizations gaining control over the affairs of the organization. Due to the external pressure created from interdependence, organizations seek to get rid of the external dependence. Organizations have internal power which encourages them to retain their autonomy and avoid dependence on others (Gleason, 1997).

Institutional theory
Organizations are made up of social systems which influence their activities. Pressure from within and outside the institutions determine the functions of the organization. External pressures create certain conformity to the organization. The pressures to an institution result from the efforts to conform to social and economic forces (Gleason, 1997).

These theories suggest that organizations are constrained by external pressure which directs them on how to conduct their activities. Both theories show the need that organizations have to fulfill social economic needs with limited resources. Organizations also rely on external powers to conduct their activities. These theories demonstrate the interdependence between the organizations and the external powers. Therefore, organizations require ADR to solve internal problems since the external sources of problem resolution have a stake in the operations of the organization. Organizational stability and legitimacy can be sought from external institutions according to these theories (Mills  Nagel, 1991).
The implementation of ADR has provisions that suggest how agency of ADR policies would be developed as well as the process of appointing specialists in dispute resolution. Dispute resolution specialists are appointed by the cabinet as well as non-cabinet departments. The ADR policies are developed by both cabinet and non-cabinet members who decide the procedures to be used in making policies about implementation of ADR in conflict and dispute resolution. Institutional pressures have the support from law so as to deliver economical as well as socially healthy agencies in conflict resolution (Mackie, 1991).

The goal of ADR is to create an improved legitimacy system and financial stability of agencies. The application of administrative procedures in dispute resolution has become formal and expensive. These procedures are not likely to deliver dispute resolution in a timely manner and will create higher costs in terms of time and money. The main of enacting ADR laws was to create expertise in conflict resolution as well as reduce the time taken in settling disputes. The federal government wanted to improve its service delivery to the public through an inexpensive, prompt and expert driven method of resolving conflicts and disputes (Berkeley  McDermott, 1996).

Application of ADR in various programmatic areas
Employment ADR. Agencies use ADR to solve workplace and employment conflicts. There are programs which have been developed to solve disputes about equal employment opportunity complaints. Other issues covered by ADR concerning workplace problems are federal Labor Relations Act and Merit Systems Protection Board cases. Employment ADR has several benefits since the organization is given the control to settle its own conflicts. ADR increases productivity within the employment sector since it saves on time and resources in dispute resolution as well as improves the social fibre of the internal members of the organization. Equal Employment Opportunity prevents the organizations from discriminating against their employees as well as ensuring that all people are given equal opportunities during recruitment. Employment ADR provides the procedures of solving problems arising from misuse of the employees rights by the employer (Mills  Nagel, 1991).

Contracting and procurement ADR. Disputes concerning contracts and procurement are solved through a process of ADR that has already been set up by the legal systems. Contract appeal boards have been established to mediate conflicts arising from contracts between organizations. Contracting and procurement ADR solve disputes before they reach the boards. This form of ADR is extraorganizatioal and involves two or more organizations. The forces within this ADR are beyond the control of the internal members of an organization. Therefore, the ADR was set up to provide procedures through which the organizations can resolve their conflicts without recourse to the legitimate process. The processes of contracting and procurement are very strong within the traditional set up and require deinstitutionalizing all the practices in government sector. The public sector has more strong procedures than the private sector about the contracting and procurement practices. ADR policies should aim at reducing the procedures of conducting the activities in the public sector (Berkeley  McDermott, 1996).

Civil Enforcement ADR. This requires all the bureaus to develop and implement their own ADR systems. This requirement was placed to ensure that all departmental bureaus adhere to the ADR policies since most agencies were avoiding such policies. The implementation of ADR has created problems in the civil enforcement cases. Agencies are making efforts to avoid implementation of ADR civil enforcement since there are many controversial issues that have come up leading to conflicts between the stakeholders and the ADR policies (Mackie, 1991).

Conclusion
ADR policies have been successful in conflict resolution. Many people and organizations have adopted the system due to its speed of solving conflicts as well as the reduced bureaucracies that are involved in legitimate dispute resolution. It is also inexpensive compared to the legislative conflict resolution and result in better and more stable outcomes than litigation. The institutional and resource dependence theories explain the importance of ADR to organizations and the government. However, there are many drawbacks to implementation of ADR policies. People fear the confidentiality of the system and the legal strength of the procedures. Evaluation efforts have been insufficient in demonstrating the benefits and assessing the impacts of ADR. But the positive impacts have weightier than the negative effects.

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