ADR Clause for Learning Team Charter Paper
The alternative dispute resolution has many different stages that are available. Some of the most common forms of alternative dispute resolution are mediation, arbitration, expert evaluation, or some hybrid of the three methods. Some federal courts will not allow certain civil lawsuits to go to trial without some sort of mediation or arbitration. There is the informal form of an alternative dispute resolution which means the parties will meet face to face or through intermediaries to come to an agreeable solution for both parties. This helps eliminate the need of going through a formal process to get an agreement. A formal alternative dispute resolution falls under the category of mediation, arbitration, or expert evaluation. There is an alternative dispute resolution clause that must be followed when two parties enter into a contract. The alternative dispute resolution clauses are usually provided in a contract between the two parties. The two parties will try and solve the problem by negotiating a resolution that will accommodate both parties. Arbitration is another form of an alternative dispute process. An arbitrator or group of arbitrators will listen to both sides and work with the two parties to try and come up with a solution. Arbitration is similar to a court setting but it is more informal. The American Arbitration Association will assign an arbitrator to the case and what they arbitrator decides will be what is considered final unless both parties decide to take the case further. Mediation is another form of alternative dispute resolution. Mediation is becoming more common due to the cost efficiency. Mediation is more informal and does not take as much time as some of the other options. The American Arbitration Association provides mediation services. A mediator is paid on an hourly basis or for a fixed fee for a certain amount of time. The mediator is used to calm down some...
References: Melvin P. Sean, (2011). The Legal Environment of Business: A Managerial Approach: Theory to Practice. (1st ed.). McGraw Hill
Please join StudyMode to read the full document