AN ALTERNATIVE DISPUTE RESOLUTION PROGRAM

THE RIGHT WAY ™
 

Table of Contents

I. INTRODUCTION 1
     
II WHY THE ADR PROGRAM? 2
     
III THE ADR PROGRAM Benefits Both You and the Company 3
     
IV How Does the ADR PROGRAM Affect You? 5
     
V Company Policy on Application of THE ADR PROGRAM To Employees and the Company 6
     
VI An Overview of How THE ADR PROGRAM Works 7
     
VII In Detail, How THE ADR PROGRAM Works 11
    Internal Review 11
    a) Step 1 11
    b) An Important Note About Timelines 11
    c) To Request Internal Review 12
    d) Once You Request Internal Review, Here's What Happens 12
    Mediation 13
    a) Step 2 13
    b) To Request Mediation 13
    c) Once Mediation is Requested, Here's What Happens 14
    Binding Arbitration 14
    a) Step 3 14
    b) To Request Arbitration 14
    c) Once Arbitration Is Requested, Here's What Happens 15
    d) Your Share of the Cost of Arbitration 16
         
VIII Definition of Terms 17
     
IX A Brief Overview of the American Arbitration Association ("AAA") and the Neutral Arbitrators 18
     
X AAA's National Rules For the Resolution of Employment Disputes / Supplemental Rules 19
     
XI Agreement to Resolve An Employment Dispute Through Binding Arbitration 34
     
XII Forms Used To Process A Claim Under THE ADR PROGRAM 35
     
XIII Acknowledgement of Notice and Receipt of THE ADR PROGRAM 36

 

Summary of THE ADR PROGRAM - Step 1 INTERNAL REVIEW
Available To:

  • All Covered Employees

Process:
  • Employee Initiates by Completing a Request for Internal Review Form and Submits to Supervisor or Human Resources Representative

What:
  • Formal Process
  • Covers all Legal Claims Arising Out of the Employment Relationship
  • Management Investigates and Has Decision-Making Authority
  • Written Decision Provided to Employee
  • Retaliation Forbidden
Why:
  • Provides Opportunity for Input by Employee, Employee's Supervisor / Manager and Co-workers, as Appropriate
  • No Cost to Employee
Summary of THE ADR PROGRAM - Step 2 MEDIATION
Available To:
  • All Covered Employees
Process:
  • If Step 1 Fails to Resolve the Legal Claim, Employee Initiates By Completing a Notice of Intent To Mediate A Legal Claim Form and Submits to Human Resources Representative
What:
  • Formal Process
  • Covers All Legal Claims Arising Out of the Employment Relationship
  • Third Party, Neutral Mediator Assists Parties to Reach a Resolution Satisfactory to Both Employee and Company
  • Retaliation Forbidden
Why:
  • Provides Opportunity For Legal Claim to be Resolved Quickly With Assistance of Third Party, Neutral Mediator
  • No Cost to Employee
Summary of THE ADR PROGRAM - Step 3 ARBITRATION

Available to:

  • All Covered Employees

Process:
  • If Step 2 Fails to Resolve the Legal Claim, Employee Initiates by Completing Notice of Intent to Arbitrate a Legal Claim form and Mails Copy to the AAA Along with a $150 Filing Fee and Copy to the Company
What:
  • Formal Process
  • Applies Only to Disputes That Involve Legally Protected Rights Covered by the Agreement and Company Policy
  • Final and Binding.  Decision of Neutral Arbitrator Applies to Both Employee and Company
  • Legal Representation is Allowed
  • Employee Pays Only a $150 Filing Fee to AAA
  • Retaliation Forbidden
How:
  • Neutral Arbitrator Selected From Panel List Provided by AAA
  • Parties Use AAA's Rules to Select Arbitrator by Striking Names in Sequential Order Until One Name Remains
Why:
  • Timely Resolution
  • Provides Third Party Perspective
  • Opportunity to Receive Fair, Equitable Compensation for Disputes
  • Preserves Positive Working Relationships
  • Same Remedies as Court Possible

 

Implementation Guide For ELCG's Employee Dispute Resolution Program

Table of Contents
Introduction

1
I.   MEETING LEADER'S GUIDE

2
A.    Suggested Preparation for Meeting 3
B.   Suggested Meeting Script 5
C.  The FAQ's Information Sheet 14
D. How To Handle An Incumbent Employee Who Declines to Sign The Agreement 17
II.  Communicating THE ADR PROGRAM to New Hires 19
INTRODUCTION

This Implementation Guide provides a suggested approach to be used by the Company during the communication process to notify covered employees about THE ADR Program.  Part I covers the Meeting Leader's Guide, which contains (1) guidance on preparation for meeting with employees to explain the Program:  (2) a suggested Meeting Script and;  (3) responses to frequently asked questions (FAQ's)

Guidance is also provided on the approach to take if an incumbent employee declines to sign the Agreement within the suggested time frame.  A model communications letter is provided to inform the employee that he/she is covered by the Company policy and Program.

Part II of the Implementation Guide covers a suggested process for communicating THE ADR PROGRAM to those new employees hired subsequent to the effective date of this Program.