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Alternative Dispute Resolution: Analyze the Method of Alternative Dispute Resolutions

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Alternative Dispute Resolution: Analyze the Method of Alternative Dispute Resolutions
The purpose of this paper is to summarize and analyze the method of alternative dispute resolutions. An outline of the various forms is provided as well as a discussion of the methods used in two dispute cases relating to a borrower and an employee. In this paper I will also discuss alternative dispute resolution methods to be used in solving disputes in the current learning team environment. “ To avoid or reduce these problems, businesses are increasingly turning to methods of alternative dispute resolution (ADR) and other aids to resolving disputes” (Chessman, 201 , p. 45-46). This method of dispute resolution is not costly and does not disrupt business as usual or life as usual. Arbitration is the commonly used form of ADR. “These type of disputes fall outside of the judicial realm” (ADR, 2010). Various forms of ADR exist, such as negotiation, mediation, conciliation, mini-trial, fact-finding, and the use of a judicial referee. Following is a brief description of each form of alternative dispute resolution. • Arbitration is used to assist parties in deciding the outcome of the dispute by employing an impartial third party, called an arbitrator, who is usually a member of an association and must be qualified to hear and decide a case. • Negotiations can begin before, during , and after a lawsuit is filed. The parties negotiate with each other, but it is best to have an attorney present to assist in reaching a mutual settlement. The parties usually make offers and counteroffers and may provide additional information to help the other side reach an amicable settlement. Sometimes negotiations are mandated by the courts before they go to trial. • .Mediation is similar to negotiation. It requires an unbiased third party to assist in the settlement of a dispute. A mediator does not render a decision in the case. The mediator is the intermediary between the parties. Based on the information received from both sides, the mediator can
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