IN-HOUSE MEDIATION OF EMPLOYMENT DISPUTES - ADR FOR THE 1990S

Alternative dispute resolution (ADR) of employment disputes can save employers a great deal of time and money and can greatly reduce the risk of liability for wrongful discharge and employment discrimination. Traditionally, employers have relied on outside arbitration and mediation professionals to provide ADR services to their businesses. Recently, however, employers have begun to craft in-house ADR programs to address employment disputes. These in-house programs range from relatively simple ''open door'' procedures that are very much in the employer's control to far more complex quasi-judicial models that provide an extraordinarily high level of employee participation in the process. This article reviews briefly the basic ADR methods used by employers and then will focus on the new models of in-house mediation. Using case studies of simpler and more complex programs, the article analyzes the risks and rewards of such programs and provides employers with practical advice on how to construct an effective in-house program that is appropriate for the employer's particular workplace.