ADR Learning Team Charter
ADR Clause for Learning Team Charter Paper
ETH/321
12/8/2014
Timothy Morris
ADR Clause for Learning Team Charter
Our world is constantly moving, changing, evolving. We are all sorrowed by exceptional situations that impact our decisions. Those decisions will conduct to maybe bigger or smaller scenarios, but what is the right route to take? That is the real question.
Alternative Dispute Resolutions (ADR) is any method of resolving disputes other than by litigation. Public courts may be asked to review the validity of ADR methods, but they will rarely overturn ADR decisions and awards if the disputing parties formed a valid contract to abide by them. The two major forms of ADR are arbitration and mediation; but we can also mention others such as settlement conferences, neutral evaluation.
Throughout our work we will demonstrate and develop an ADR clause that will help to increase our knowledge in this topic.
Various Forms of ADR Alternative Dispute Resolution can be defined as “any method of resolving disputes other than by litigation” ("Alternative Dispute Resolution", 2007). ADRs include early neutral evaluation, negotiation, conciliation, mediation and arbitration. Early neutral evaluation (ENE) is a confidential method designed for fast resolution of cases. ENE is most commonly used when a party wants to resolve an issue fast, and is popular when minor disagreements occur. ENE is not a common type of ADR as it is generally used in cases that don’t require a lot of litigation. Generally, parties involved in ENE do not take the time to discuss their side of the argument, they just want the issue resolved quickly. A second form of ADR that is commonly used is negotiation. Negotiation is the give-and-take in a discussion or conference in an attempt to reach an agreement or settle a dispute. Negotiation is a great tactic to use to resolve a disagreement because both parties agree to settle their dispute with changes to appease both parties. One of
ETH/321
12/8/2014
Timothy Morris
ADR Clause for Learning Team Charter
Our world is constantly moving, changing, evolving. We are all sorrowed by exceptional situations that impact our decisions. Those decisions will conduct to maybe bigger or smaller scenarios, but what is the right route to take? That is the real question.
Alternative Dispute Resolutions (ADR) is any method of resolving disputes other than by litigation. Public courts may be asked to review the validity of ADR methods, but they will rarely overturn ADR decisions and awards if the disputing parties formed a valid contract to abide by them. The two major forms of ADR are arbitration and mediation; but we can also mention others such as settlement conferences, neutral evaluation.
Throughout our work we will demonstrate and develop an ADR clause that will help to increase our knowledge in this topic.
Various Forms of ADR Alternative Dispute Resolution can be defined as “any method of resolving disputes other than by litigation” ("Alternative Dispute Resolution", 2007). ADRs include early neutral evaluation, negotiation, conciliation, mediation and arbitration. Early neutral evaluation (ENE) is a confidential method designed for fast resolution of cases. ENE is most commonly used when a party wants to resolve an issue fast, and is popular when minor disagreements occur. ENE is not a common type of ADR as it is generally used in cases that don’t require a lot of litigation. Generally, parties involved in ENE do not take the time to discuss their side of the argument, they just want the issue resolved quickly. A second form of ADR that is commonly used is negotiation. Negotiation is the give-and-take in a discussion or conference in an attempt to reach an agreement or settle a dispute. Negotiation is a great tactic to use to resolve a disagreement because both parties agree to settle their dispute with changes to appease both parties. One of
References: First Mediation | Jeffrey Krivis | Mariam Zadeh » Blog Archive » 10 Steps In Preparing For a Mediation. (n.d.). Retrieved December 7, 2014, from http://www.firstmediation.com/resources/?p=23 Alternative Dispute Resolution. (2007). Retrieved from http://www.law.cornell.edu/wex/alternative_dispute_resolution