Alternate Dispute Resolution at Darden Restaurants and Hooters of America Essays

Alternate Dispute Resolution at Darden Restaurants and Hooters of America Essays Alternate Dispute Resolution at Darden Restaurants and Hooters of America Paper Alternate Dispute Resolution at Darden Restaurants and Hooters of America Paper ADR at Darden Restaurants and Hooters of America More companies are turning to alternate dispute resolution (ADR) as an alterative to the judicial system for settling employee disputes. There are some clear advantages and disadvantages to ADR for both employers and employees. The best-designed ADR programs are those that are fair and impartial. A good ADR program should seek to find the best possible outcome for both parties while saving time and money and preserving relationships. The least effective ADR programs tend to be unfair and perpetuate the imbalance and bargaining power discrepancy frequently found in employer-employee relationships. In this paper, I will compare the ADR programs of Darden Restaurants and Hooters of America. My basis for comparison will be measured primarily on how well they address the advantages of ADR equally for the employer and the employee. It should be noted that Darden’s is considered to be a model program due to its comprehensiveness and fairness. By contrast – perhaps unsurprisingly – it is disappointing to see that Hooters has constructed an ADR program that offers little justice to its employees. Advantages of using ADR ADR can save vast amounts of time and money. While lawsuits can take years and thousands of dollars to settle, through ADR, conflicts can often be resolved in a matter of weeks or months at a greatly reduced cost. There are potential savings in court costs, attorney fees, and expert witness fees when a dispute is settled through mediation, arbitration, or a combination of both. Potential disadvantages of ADR are the wasted time and increased cost that are incurred when a dispute goes through ADR but still ends up in court. At Darden, there are four ways to resolve workplace disputes – Open Door Policy, Peer Review, Mediation, and Arbitration. Each is designed to encourage settlement without litigation and each is promoted as an effective alternative to litigation that is fair to all parties. The first step toward resolving disputes at Darden is use of the open door policy. If the employee is not satisfied with the first three steps of the ADR program mentioned above, the matter can move on to the final step: arbitration. The court has determined that the Darden program appears to meet the legal tests for ADR. It is important to note that Darden does not expect to reduce expenses via reduction in the payout of damages and compensation to employees with legitimate claims; rather, their expected cost savings lies in reducing court-related fees. In stark contrast, Hooters’ ADR program is a one-sided agenda designed to help the company win arbitration cases and save time and money. The ADR program takes advantage of the company’s superior bargaining power: employees must sign the agreement to arbitrate disputes in order to be eligible for raises, transfers, and promotions. Employees are allowed only five days to review and decide if they will accept or reject the agreement. Hooters’ ADR agreement states that the company has the right to change the rules and procedures at any time – even while in the midst of an arbitration proceeding – without notice. In addition, the rules require employees to disclose their cases to the company, along with a list of witnesses and a record of facts known to each witness. Hooters, meanwhile, is not required to reciprocate by disclosing the details of its defense. The United States Court of Appeals for the Fourth Circuit summed it up by stating that the Hooters rules are â€Å"so one-sided that their only purpose is to undermine the neutrality of the (arbitration) proceeding. † The basis for a workable ADR program is that it should guarantee neutrality; a neutral party is hired or retained to hear and decide on cases. At Darden, the choice of a neutral party is governed by outside rules preventing abuse in the selection of a biased arbitrator or mediator. The neutrals at the proceedings are experts belonging to the American Arbitration Association (AAA). AAA is a public-service, non-profit organization serving businesses and government. Meanwhile, Hooters’ mechanism for selecting a panel of three arbitrators is crafted to ensure a biased decision maker. The employee and the company each select an arbitrator. These two arbitrators in turn select the third arbitrator. The biggest problem with this process is that all of the arbitrators must be selected from a list created exclusively by the company. Hooters can nominate its managers or select arbitrators who have a financial interest in the company to be placed on the list. Anyone deemed as being against the company can be taken off the list. ADR is a legitimate and potentially highly beneficial alternative to litigation, and its use can save employers and employees both time and money. ADR can decrease the adversarial dynamic between parties and offer greater flexibility in settlements. Further, it provides the potential to preserve business relationships. Darden Restaurants has a good ADR program that addresses these issues.

Free Essays on Mary Jo Hatch

Taking Organizational Theory to a New Level: Through Aesthetics and Emotional Expression Dr. Mary Jo Hatch is a Professor of Organization Theory. She teaches at the McIntire School of Commerce at the University of Virginia. Dr. Hatch started her educational plight by acquiring a Bachelor of the Arts in English Literature from the University of Indiana. She also studied architecture during her undergraduate years. Her interest in aesthetics go back a long way. It was later in her life that her interest turned toward a career in business, so she decided to acquire her MBA in Finance from the same University. When pursing her Doctorate in Organizational Behavior, she tackled the ever so popular Institution of Stanford University (Commerce.Virginia.edu). At this point she began combining her interest in art with business when she wrote her dissertation on â€Å"The effects of Physical Space on the Way People Spend Their Time At Work† (acorn.lld) Her research interests include organizational culture, organizational identity, image and the corporate brand; and lite rary and other aesthetic approaches to management and organizing with particular interests in Jazz and theater as metaphors for organizing (Commerce.Virginia.edu). She has published articles on these and other topics in Administrative Science Quarterly, Academy of Management Review, Human Relations, Organizational Science, Organizational Studies, Journal of Management Inquiry, Studies in Cultures, Organizations and Societies, Human Relations, and European Journal of Marketing. She was the European editor for Journal of Management Inquiry from 1995-2000 and sits on the editorial boards of Corporate Reputation Review; Human Relations; International Journal of Cross-Cultural Management. She has written a textbook Organization Theory: Modern, Symbolic and Postmodern Perspectives (Commerce.Virginia.edu). Dr. Hatch also co- edited The Expressive Organization: Linking Ide... Free Essays on Mary Jo Hatch Free Essays on Mary Jo Hatch Taking Organizational Theory to a New Level: Through Aesthetics and Emotional Expression Dr. Mary Jo Hatch is a Professor of Organization Theory. She teaches at the McIntire School of Commerce at the University of Virginia. Dr. Hatch started her educational plight by acquiring a Bachelor of the Arts in English Literature from the University of Indiana. She also studied architecture during her undergraduate years. Her interest in aesthetics go back a long way. It was later in her life that her interest turned toward a career in business, so she decided to acquire her MBA in Finance from the same University. When pursing her Doctorate in Organizational Behavior, she tackled the ever so popular Institution of Stanford University (Commerce.Virginia.edu). At this point she began combining her interest in art with business when she wrote her dissertation on â€Å"The effects of Physical Space on the Way People Spend Their Time At Work† (acorn.lld) Her research interests include organizational culture, organizational identity, image and the corporate brand; and lite rary and other aesthetic approaches to management and organizing with particular interests in Jazz and theater as metaphors for organizing (Commerce.Virginia.edu). She has published articles on these and other topics in Administrative Science Quarterly, Academy of Management Review, Human Relations, Organizational Science, Organizational Studies, Journal of Management Inquiry, Studies in Cultures, Organizations and Societies, Human Relations, and European Journal of Marketing. She was the European editor for Journal of Management Inquiry from 1995-2000 and sits on the editorial boards of Corporate Reputation Review; Human Relations; International Journal of Cross-Cultural Management. She has written a textbook Organization Theory: Modern, Symbolic and Postmodern Perspectives (Commerce.Virginia.edu). Dr. Hatch also co- edited The Expressive Organization: Linking Ide...

Conflict Resolution in an Organization Essay Example | Topics and Well Written Essays - 750 words

Conflict Resolution in an Organization - Essay Example From this study it is clear that the main problem is that this group has somehow run out of control and other employees feel they are a nuisance. They severally were caught making fun of other employees, which has resulted in resigning of some employees. The former sales manager was a great friend of Cory and thus he did nothing even when employees complained to him about Cory’s group behavior. Cory is also a relative to one of the company’s directors and boasts that it is only his uncle who can approve his sacking. Being new in the company, Rogers sought the production manager’s opinion on the issue who told him it was wiser for him to leave the group alone since he was risking his job. However, Rogers feels that if not dealt with, this problem might cripple other workers performance. Last week he summoned Cory to his office with the aim of trying to advise him on the problems his group was causing the sales department. Cory responded rudely that members of his group were the most productive and Rogers was new in the company and knew nothing on the group. On telling the human resource manager, Rogers got another surprise when manager told him that he had no right to decide on how the company employees should behave. This paper outlines that an example of a badly resolved conflict involved Mary and Cory’s group. Mary, a former medical representative of the company lost her job when she demanded for an apology from the group. This was after Cory and his group made a call to one of Mary’s clients which the client was uncomfortable with and demanded an explanation from Mary. When Mary found out about it, she demanded an explanation from Cory. Cory denied the claims even though the call traced back to him. From that day on, Cory’s group members started making fun of anything that Mary did.