| |
Law
Note Series
Social
Workers and Alternative Dispute Resolution
by: Carolyn I. Polowy, JD
and Motisola Zulu, Law Clerk
Published: August 1998 © NASW
Pages: 123, including 3 appendices
INTRODUCTION
[citations omitted]
An important part of a social
worker's professional responsibility is to manage conflict in a productive
manner. "Whether advocating for clients, dealing with conflict within organizations,
or helping people learn more-effective ways of coping with conflict in their
lives, . . ." resolving conflict in employment settings or related to the
delivery of services to clients, social workers are involved with conflict
resolution daily.Social workers are increasingly compelled to follow disputes
into court, whether as fact witnesses, expert witnesses, or parties to lawsuits.
The many tensions and negative feelings associated with litigation leave
social workers and others asking whether there is a better method for conflict
resolution. The courtroom can be both costly and time consuming, sometimes
taking years for the simplest case to go to trial.The process of resolving
disputes in the courtroom is being replaced or assisted in many areas by
alternative dispute resolution (ADR) processes. The courts, state and federal
agencies, and employers have all begun providing private and less adversarial
methods of dispute resolution than litigation. "ADR is perceived as the solution
to problems of runaway jury verdicts, expensive discovery proceedings and
protracted litigation. Accordingly, courts, legislatures, government agencies,
and private organizations are endorsing various forms of ADR."
ADR is a process by which
parties to a dispute resolve their differences without litigation. Social
workers participate in ADR both as providers and as parties. This law note
describes the three principle methods of voluntary alternative dispute resolution - negotiation,
arbitration, and mediation - and discusses traditional and evolving uses
for these processes within the social work profession.
Price
List and Ordering Information
|
|
