Resolving Disputes Early

Resolving Disputes At An Early Stage

Can Prevent Some Very Divisive and Costly Conflict

Many organizations, including non-profit and volunteer organizations, are beginning to have an ADR professional on their Board of Directors. This is a good thing. Volunteers need to have someone watching their backs while they contribute their time and money to the organization. Every volunteer organization of any consequence needs to have an ADR Professional available to assist in preventing disputes, help the membership or directors mediate and negotiate to draft and interpret bylaws, and handle crises when they arise.

The first and greatest duty of an ADR Professional is to explain precisely what his role is to the client. The ADR Professional must also be knowledgeable in the ADR processes, legal principles, and possibly, the subject matter. In order to do this, the ADR Professional must first learn enough about the situation to know what action is needed. Throughout the process, it is important that the ADR Professional maintain sufficient communication with the client or if appropriate, their counsel or representative. This is especially true in an ongoing relationship. The ADR Professional may have to consult outside sources, including other parties, potential witnesses, business documents, and legal sources, during the process - This is considered the study time.

The organization has a right to expect the ADR Professional to clearly and thoroughly explain the ADR processes. If you ever have to consult with your organization's legal counsel, you will in all likelihood find him or her to be helpful and friendly. You will only ask the lawyer to help you with issues facing the organization. We do not replace your lawyer - We assist to enhance your attorney-client relationship.

We are also happy to mediate or evaluate the interpretation the current Bylaws or Policies. We are also willing to provide ADR services to assist you draft a set of bylaws or create policies for your organization.

There is no way we can prepare a complete list of possible scenarios which would arise and benefit from ADR. But keep in mind that a legal or other type dispute may arise out of just about any situation, and an ADR Professional can help a lot more if they are contacted at the earliest possible stage.

The Voice of Reason: Resolving Disputes in the Organization

On a number of occasions, we have been asked to resolve disputes within the organizations I represent. Generally, this involves mediation, which means sitting down with the opposing sides and attempting to help them reach some sort of agreement to resolve the dispute. We have also handled disputes by arbitration; this is similar to mediation, but the arbitrator renders a decision which ends the dispute. The legal counsel usually makes an attempt to resolve disputes on request of the state president. These disputes may involve one or more local organizations or individual member. Each situation is different, but resolving disputes at an early stage can prevent some very divisive and costly conflict.

Again, there is no way we can prepare a complete list of possible scenarios which would arise and benefit from ADR. But keep in mind that a legal dispute may arise out of just about any situation, and an ADR Professional can help a lot more if they are contacted at the earliest possible stage.

The Red Flags: Signs of Danger

We can't give you a complete list of things that may happen which indicate you need to call an ADR Professional and/or your attorney. But here is a list of some of the more obvious ones:

1. When the organization gets sued or threatened with legal action;

2. When the organization receives an official inquiry or other non-routine communication with an administrative agency or other governmental entity;

3. When a dispute arises with an outsider such as a hotel or vendor, or when there is a question about a contract;

4. When the organization receives poor service or a shoddy product from a hotel or vendor, or when they don't deliver what was agreed;

5. When the organization is moving into a significant relationship (hiring an executive director or fundraiser) or undertaking a significant project;

6. When the organization is considering entering into any contract of any type, including insurance agreements, whether the contract is to be drafted by your attorney or by the other party or by someone else;

7. When the organization needs to have a form drafted which has legal consequences (such as a release);

8. When a question arises about the meaning or interpretation of the Bylaws or Policies;

9. When someone gets injured at a function of the corporate or state organization;

10. When you have any question about the law as it applies to your organization.

There is no way we can prepare a complete list, without listing every possible legal matter that might involve your organization. But keep in mind that a legal dispute may arise out of just about any situation, and an ADR Professional can help a lot more if he or she is contacted at the earliest possible stage. Having the ADR Professional available can also be helpful in avoiding litigation or in resolving matters before they reach that point. For instance, while organizing or conducting conventions and meetings, the ADR Professional can often negotiate on the organization’s behalf with hotels. Controversies can also arise with venders and promoters, employees, and other volunteer organizations. The ADR Professional can be an advocate and an advisor in these situations. For these reasons, you should consult with an ADR Professional or your attorney whenever possible before agreeing to any resolution of a dispute. Also, remember that you’ll benefit more from good information and advice if you receive it in time to use it. Contact the ADR Professional and your attorney at the very first hint of trouble.