Preview

LAW 531 Week 1 Alterntive Dispute Resol

Satisfactory Essays
Open Document
Open Document
347 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
LAW 531 Week 1 Alterntive Dispute Resol
Alternative Dispute Resolution (ADR)
University of Phoenix
LAW/531PR Puerto Rican Business Law
June 25, 2014

Alternative Dispute Resolution (ADR) Clause
All sorts of problems in the learning team that is not resolved in a certain amount of hours will initiate the ADR. The problem established is in the learning team not following procedures regulations of the University of Phoenix. Other problems or situations that are personal in the learning team will not obligated be fixed through the Alternative Dispute Resolution. In my opinion there are two strategies of resolution through the ADR process in the event of the dispute in Learning Team. One of these is the Arbitration and According to "Legal Dictionary, The Free Dictionary" (2014), is a well-established and widely used means to end disputes. It is one of several kinds of Alternative Dispute Resolution, which provide parties to a controversy with a choice other than litigation. In the case that the situation on the learning team is not settled with the mediation due time, the arbitration clause will be applied and resolved. This type of resolution is applied for those who denied the mediation and unable to provide an agreement.
Another strategies of resolutions through in the ADR process in the situation of problems in the Learning Team is the mediation. Team member with current or previous involvement in disputes are not able to intervene as arbitrator. According to "San Diego Court” (2014), Mediation is a confidential, non-binding process in which a trained mediator facilitates communication between disputants and assists parties in reaching a mutually acceptable resolution of all or part of their dispute. The mediator is not the decision-maker and does not resolve the dispute, the parties do. However a mediator is often able to more fully explore the parties' underlying interests, needs and priorities ("San Diego Court ", 2014). The ADR Clause is a faster process and more effective that a litigation.

You May Also Find These Documents Helpful

  • Good Essays

    Law 531 Week 3

    • 721 Words
    • 3 Pages

    Mediation would most likely be the fastest of all three options, but Hal would not have a chance at a counter suit. The best outcome of mediation would be zero cost to both…

    • 721 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Law 531 Final Exam

    • 1213 Words
    • 6 Pages

    1) Which of the following is a distinguishing feature of a common law legal system?…

    • 1213 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    This paper will discuss an alternative dispute resolution (ADR) clause that might be used by a Learning Team to resolve a disagreement among members. This paper will identify all provisions and information necessary to enable the ADR to occur and function effectively.…

    • 320 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Law 531 Case 5.1

    • 1237 Words
    • 5 Pages

    The results from the surveys conducted concluded that the food at Lucky Cheng’s rated a 9 and in the category of décor and service a 15; scores could range from 0-30. Keeping in mind the results came directly from consumers…

    • 1237 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Bus Law 531 Week 1

    • 676 Words
    • 3 Pages

    Alternative dispute resolution (ADR) over the years has grown in popularity with over 90% of all cases resolved through some form of ADR. The advantages of ADR over trial include such things, as it is less formal and less intimidating. ADR has a more rapid resolution and is less expensive and is normally heard by an arbitrator or mediator. ADR enables parties to address underlying issues and interests. It permits more creative and flexible solutions. Trial by comparison is a more formal process. Traditional litigation requires that a complaint is filed in the court and the plaintiff most respond. This is followed by a pre-trial and a trial in which each party is allowed to present their case and it is settled either by jury or a judge. Trials are also a slower process and require a higher amount of time, more expensive, and as well as stress and emotional disarray. In traditional litigation businesses may get certain documents, testimony, and other evidence, which may not apply to ADR…

    • 676 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Law/531 Adr Analysis

    • 637 Words
    • 3 Pages

    For many years, litigation has been the one thing in reference to the law that traditionally resolves lawsuits and disputes. There are many facts that need to be considered when one compares or contrasts traditional litigation methods to the nontraditional litigation methods (Alternate Dispute Resolution). Handled outside of litigation in court, ADR is a unique resolution. ADR’s types include “arbitration, collaborative law, mediation and negotiation. Conciliation is sometimes included as a fifth category” (Alternate Dispute Resolution Law, 2011).…

    • 637 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    This article that I read over a few times focuses in on the what patents are and more specifically how they impact e-business as well as intellectual property. Understanding the concept of patents before deciding to open a business for example, is essential if you want to succeed. Patents unfortunately are only going to protect your business in the country in which you are located. Although if you have a business spread over multiple countries, you are giving yourself a larger scale of protection to your intellectual property. Therefore, e-business owners and corporate business workers have to decide where they would like to conduct business.…

    • 484 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Law 531 Week 1

    • 319 Words
    • 2 Pages

    In the event a dispute shall arise between members of a learning team, a neutral third party will assist to ensure resolution. The Mediator must be an expert and have firm grasp on the dispute. The mediation will involve each side of the dispute with an impartial person to meet an agreement. After all the facts have been displayed, the mediator will provide each side with settlement offers. If an agreement is agreed upon a settlement document will be provided to the group and must be abided by. If a member of the team does not follow this document it will result in them forfeiting their right as a member. This ADR system will be set and after it takes it course, if a group member does not follow, they will be dismissed from the team.…

    • 319 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    If the complaint can still not be resolved at this meeting then a further meeting can be made where an external mediator is invited. The external mediator will then investigate the complaint and then arrange a meeting…

    • 419 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Theory Dispute Resolution

    • 1954 Words
    • 6 Pages

    Mediation is a process which allows a flexible and informal way of negotiating with the introduction of a third party which allows the discussion to run smoothly, furthermore all that is said in the mediation is confidential and anything said cannot be used in court. As this dispute has been deliberated for over half a year we believe that it is in both parties interests to get it sorted as soon as possible therefore we believe that the introduction of a third party mediator would be beneficial as he would create an appropriate environment for resolution as he encourages communication and while structuring the discussion to gain a mutual agreement. mediation will allow for the dispute to be moved along as it allows both parties to focus on bringing the argument to an end rather than continuously disputing the facts as its clear in this case that there are many situations that are unclear and do not match. As Mediation is a way of trying to get a result you have to be open and honest with what your wants and needs are as it will allow for the mediator to gain an…

    • 1954 Words
    • 6 Pages
    Better Essays
  • Satisfactory Essays

    tda 2.3

    • 396 Words
    • 1 Page

    In any work we all will have disagreement some point in our work life. Most of these disagreements are results of miss communication. To resolve this disagreement and prevent it to escalate we need to talk about them as soon as possible, the longer we leave the problem lye, becomes more difficult to get it resolve. It’s important to follow settings policies to make sure everyone behaves in an appropriate manner. Sometimes clash personalities, or our other qualities can make other side hard to cooperate with, in that case it’s good to arrange a mediator who can be voice of the both side and can mediate to resolve the issue. It will beneficial to be informative all the time, so other side can understand fully about the issue and the outcome of any actions. Other person can have their own personal problems so it’s good to show…

    • 396 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    In the United States, a traditional litigation refers to the process of bringing, defending and maintaining a lawsuit (Cheeseman, 2010). Traditional litigation goes through a structured process of answer, discovery trial and jury. Whereas the nontraditional litigation process, alternative dispute resolution, known as ADR is a more flexible, less expensive, not as time consuming, and confidential process. There are several forms of alternative dispute resolution, mediation, arbitration, negotiation, conciliation, mini-trial, fact-finding and utilizing a judicial referee. Arbitration and mediation are similar to where it is a form of negotiation and a neutral party settles the dispute. Negotiation is where the two parties negotiate to settle the dispute. A mini-trial is a shortened version of a traditional litigation trial. Fact-finding situations call for the parties to employ a third party to investigate the facts to come to a resolution. Lastly, a judicial referee is much like a mini-trial but both parties reserve the right to appeal. Ninety percent of cases are resolved through alternative dispute resolution (Harms, 2011). The next several paragraphs will identify risks associated with traditional litigation and the advantages of the alternative dispute resolution in reducing those risks.…

    • 771 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Law 531 Week 2

    • 954 Words
    • 4 Pages

    In today’s business environment it is important for all organizations to develop and maintain a plan to avoid regulatory risks. Management should be able to manage any risks through preventive, detective, and corrective measures. As a manager it is important to prevent extensive loss, environmental and commercial, preserve the companies’ public image and abide by pertinent environmental statues. Ensuring the company follows an extensive plan will help to eliminate any risks, by outlining steps that should be taken to resolve these risks in a timely and effective manner.…

    • 954 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Mediator Immunity

    • 2940 Words
    • 12 Pages

    Mediator immunity has its roots buried within the common law doctrine of judicial immunity that can be traced back almost four centuries. While the rationale behind judicial immunity is well founded on the public policy’s need for protection of independent and impartial exercise of judgment from the threat of harassing litigation, the issue whether judicial immunity should be extended to parties providing ADR services, regarding their growing popularity, has created a strong debate in theory. As academic debate continues whether mediator immunity is an appropriate area of legislation, courts and legislatures appear willing to extend immunity to mediation providers, in the same way that immunity has been extended to shield officials other than judges. Thus, another question emerging in mediation world is whether mediators should be absolute immune from liability arising out of their mediation practice.…

    • 2940 Words
    • 12 Pages
    Powerful Essays
  • Good Essays

    E Commerce Laws

    • 5526 Words
    • 23 Pages

    * ’06 Ll.B., cand., University of Santo Tomas Faculty of Civil Law; Business Manager, UST Law Review…

    • 5526 Words
    • 23 Pages
    Good Essays