Alternative Dispute Resolution

Topics: Mediation, Dispute resolution, The Mediator Pages: 1 (319 words) Published: April 25, 2010
The Learning Team firmly believes in resolving any disputes when they arise. In the event a dispute arises between team members, due to project assignment goals, group process goals, quality level goals, or Ground Rules such as (meeting schedule, locations, attendance expectations, agenda, assignment completion, communication methods, time zone issues, etc.), the team members agree to mediation procedures that are in accordance with the United States Arbitration and Mediation. The mediation shall be administered by one of the following: Internal team mediator or an external mediator, such as an UOP class facilitator. Mediation Process

The team members will meet with a neutral mediator, who listens to each side explain its position. (Jennings, 2006) This mediator will be appointed by the remaining team members, who are not involved with the mediation. •The mediator is trained to get the team members to respond to each other and their concerns. (Jennings, 2006) • The mediator helps break down impasses and works to have the team members arrive at a mutually agreeable solution. (Jennings, 2006) •Mediation is completely confidential. What is said to the mediator cannot be used later by the team members or their lawyers, if litigation becomes necessary. (Jennings, 2006) •Mediation is less expensive than arbitration and does not require that the parties bring lawyers. (Jennings, 2006) •Mediation is not binding unless the team members have agreed to be bound by the decision. (Jennings, 2006)

In the event that mediation is unsuccessful in resolving the matter, the matter will be referred and resolved through arbitration. Arbitration will be forced for members, who chose not to use mediation and team members, who could not reach an agreement through mediation. The same mediator used for the mediation will not be used in the arbitration, due to the confidential nature of the information received in the mediation.

References

Jennings, M. M....

References: Jennings, M. M. (2006). Business: Its legal, ethical, and global environment (7th ed). Mason, OH: Thomson.
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