Alternate Dispute Resolution at Darden Restaurants and Hooters of America Essay Example

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. We will write a custom essay sample on Alternate Dispute Resolution at Darden Restaurants and Hooters of America specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Alternate Dispute Resolution at Darden Restaurants and Hooters of America specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Alternate Dispute Resolution at Darden Restaurants and Hooters of America specifically for you FOR ONLY $16.38 $13.9/page Hire Writer 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.

Conducting Case Study Research in Sociology

Conducting Case Study Research in Sociology A case study is a research method that relies on a single case rather than a population or sample. When researchers focus on a single case, they can make detailed observations over a long period of time, something that cannot be done with large samples without costing a lot of money. Case studies are also useful in the early stages of research when the goal is to explore ideas, test, and perfect measurement instruments, and to prepare for a larger study. The case study research method is popular not just within ​the field of sociology, but also within the fields of anthropology, psychology, education, political science, clinical science, social work, and administrative science. Overview of the Case Study Research Method A case study is unique within the social sciences for its focus of study on a single entity, which can be a person, group or organization, event, action, or situation. It is also unique in that, as a focus of research, a case is chosen for specific reasons, rather than randomly, as  is usually done when conducting empirical research. Often, when researchers use the case study method, they focus on a case that is exceptional in some way because it is possible to learn a lot about social relationships and social forces when studying those things that deviate from norms. In doing so, a researcher is often able, through their study, to test the validity of the social theory, or to create new theories using the grounded theory method. The first case studies in the social sciences were likely conducted by Pierre Guillaume Frà ©dà ©ric Le Play, a 19th-century French sociologist and economist who studied family budgets. The method has been used in sociology, psychology, and anthropology since the early 20th century. Within sociology, case studies are typically conducted with qualitative research methods. They are considered micro rather than macro in nature, and one cannot necessarily generalize the findings of a case study to other situations. However, this is not a limitation of the method, but a strength. Through a case study based on ethnographic observation and interviews, among other methods, sociologists can illuminate otherwise hard to see and understand social relations, structures, and processes. In doing so, the findings of case studies often stimulate further research. Types and Forms of Case Studies There are three primary types of case studies: key cases, outlier cases, and local knowledge cases. Key cases are those which are chosen because the researcher has ​a  particular interest in it or the circumstances surrounding it.Outlier cases are those that are chosen because the case stands out from other events, organizations, or situations, for some reason, and social scientists recognize that we can learn a lot from those things that differ from the norm.Finally, a researcher may decide to conduct a local knowledge case study when they already have amassed a usable amount of information about a given topic, person, organization, or event, and so is well-poised to conduct a study of it. Within these types, a case study may take four different forms: illustrative, exploratory, cumulative, and critical. Illustrative case studies are descriptive in nature and designed to shed light on a particular situation, set of circumstances, and the social relations and processes that are embedded in them. They are useful in bringing to light something about which most people are not aware of.Exploratory case studies are also often known as pilot studies. This type of case study is typically used when a researcher wants to identify research questions and methods of study for a large, complex study. They are useful for clarifying the research process, which can help a researcher make the best use of time and resources in the larger study that will follow it.Cumulative case studies  are those in which a researcher pulls together already completed case studies on a particular topic. They are useful in helping researchers to make generalizations from studies that have something in common.Critical instance case studies  are conducted when a researcher wants to understand what happened with a uniq ue event and/or to challenge commonly held assumptions about it that may be faulty due to a lack of critical understanding. Whatever type and form of case study you decide to conduct, its important to first identify the purpose, goals, and approach for conducting methodologically sound research.

Globalisation Essay Example | Topics and Well Written Essays - 1750 words

Globalisation - Essay Example From this perspective, functionalism describes the social order from a majority viewpoint, as opposed to looking at the fulfillment of every individual within a society. This paper will define the extent to which functionalism explains the main social order within society. Functionalism as Social Order The main attribute of functionalism is based on the attribute of showing what a large group of individuals did within a given culture and how this helped with the overall function within the culture. This is further described by different levels of functions, specifically which are divided by a variety of theorists. For instance, Merton (Harrington, 2005) states that functions can be divided into latent functions and manifest functions. The latent group is based on the social orders which were unintentional and didn’t depict the overall needs or functions within society. The manifest functions are the ones which describe more of the social order because of the institutional rela tionship to the function. The institution is able to show that it is planned, intentional and can be used to manifest specific actions within society. The manifest functions are able to depict the order of society and are used to describe institutional measures over the actions of groups of individuals (Harrington, 2005). Defining Social Action The concept of action as the manifestation of social order then leads into the understanding of what the manifestations include and how they define or are disregarded in understanding structure and functionalism. The concept of social action is one which has to be defined as an act which takes place and which is verified by others who have seen the same social action. More important, the fact has to be something that is done within society. If it is to define order, then it has to show how this particular fact, item or action is done by the majority of society or is something which is repetitive and practiced within the society. Without this, it doesn’t become a function that is within society and isn’t a part of the social order (Parsons, 1949). An example of this is with politics. If the United States has a bill of rights protecting freedom of speech, then this becomes a fact because it is defined by the political institution and the expectation for society to follow this bill. More important, those in society state that they practice freedom of speech through the press or other means. The freedom of speech defines the social order more by the actions which result and relate to this, all which manifest more of the approach taken for this political action and the functionalism which is attributed to the fact. The manifestation and the continuous social actions seen in newspapers, media and other sources show this is a part of the social order. The concept of social action within society is furthered by defining how this relates to different groups in society, some which may not link to the institutions. T here are two ideals which begin to form with social action and the contemporary attributes. When looking at social order from a historical perspective, it is easier to define functionalism, specifically because history only