“Alternative Dispute Resolution (Adr) Is Methods of Resolving Disputes Other Than Litigation.”

Only available on StudyMode
  • Download(s) : 140
  • Published : August 29, 2010
Open Document
Text Preview
According to Cheeseman (2010), “Alternative Dispute Resolution (ADR) is methods of resolving disputes other than litigation.” An ADR comes in different forms like negotiation, arbitration, mediation, conciliation, mini-trial, fact-finding, and judicial referee. Arbitration is known to be the most common form of ADR. Although, arbitration is the most common form of ADR, negotiation is the best ADR to use among a learning team. According to Cheeseman (2010), “Negotiation is a procedure whereby the parties to a dispute engage in negotiations to try to reach a voluntary settlement of their dispute.” Negotiation among parties is known to be the simplest form of ADR to settle a dispute.

If Learning Team A and Learning Team B where in a dispute, each team agree to resolve any dispute by negotiation. Each team shall appoint a representative. The representatives will meet for one and an half hour during class time in an effort to resolve the dispute. If the dispute is not resolved by the next class meeting, the professor of the class will attempt in good faith, to resolve the dispute by the end of that class meeting night. However, if the representatives of Learning Team A and Learning Team can reach an agreement through negotiation, a settlement agreement will be drafted up and signed by both teams. The terms of the settlement agreement will be in effect immediately. Consequently, if the representatives of Learning Team A and Learning Team B cannot come to an agreement, the decision of the professor will be binding and effective immediately, and each team will agreeably sign the settlement agreement.

According to Cheeseman (2010),
“A settlement agreement is an agreement that is voluntarily entered into by the parties to a dispute that settles the dispute. Each side must sign the settlement agreement for it to be effective. The settlement agreement is usually submitted to the court, and the case will be dismissed based on the execution of the settlement...
tracking img