SECTION 455:10-17-2. Alternative Dispute Resolution advantages

  There are many advantages to ADR. The advantages generally recognized are the economics of time and money; the expertise of a neutral facilitator; confidentiality; the opportunity for a "day in court"; the direct involvement of the parties involved and the preservation of working relationships.

(1)   Time and money. The advantage of saving time and money is the most alluring. For example, resolving within weeks differences arising out of ordinary employment transactions, as opposed to months of legal litigation, obviously produces savings. Legal costs are reduced. The time necessary for an employee or agency to continually monitor the problem is eliminated and the aggravation flowing from unresolved problems is eliminated.

(2)    Facilitator. The expertise of a neutral facilitator is an advantage that cannot be ignored. A facilitator has hands-on experience on the issues in dispute and has been trained by the Commission. The facilitator can get to and address the issues in dispute without legal perspectives.

(3)   Confidentiality. The advantage of a confidential procedure is often overlooked. Problems of adverse publicity and the element of embarrassment over the dispute can be avoided.

(4)   Day in court. ADR affords the parties an opportunity to tell their side of the dispute. The parties have their "day in court" which allows their anger and emotions to subside and the healing process to begin.

(5)   Direct involvement. ADR allows agency supervisors and managers to become involved more quickly in settling disputes. Often the dispute is between employees, supervisors and managers who have an ongoing working relationship. The preservation of this relationship is beneficial to everyone and an early resolution of the dispute is highly desirable.

[Source: Added at 11 Ok Reg 1871, eff 5-12-94; Amended at 19 Ok Reg 2376, eff 7-1-02]