LAW/531 - BUSINESS LAW
April 25, 2010
Alternative Dispute Resolution (ADR) clause
A Learning Team Charter is a necessary element in managing a successful team. An effective team that aims to accomplish manageable results needs goals, communication, and conflict management. What the team will go through is a process in management and here is where the team charter will show its value. Without a team charter, the team process will at the end of the day falter and fail. The major components of the charter needed to ensure team success includes team goals, system of communication, and most important, a system of settling differences or conflict management. To handle disputes a clause called the “alternative dispute resolution” (ADR).
ADR includes processes and techniques that act as a means for disagreeing parties to come to an agreement. Despite historic resistance to ADR, it has gained widespread acceptance among both the general public and the legal profession in recent years. The most common form of ADR is arbitration. Other forms of ADR are negotiation, mediation, conciliation, mini-trial, fact-finding, and using a judicial referee (Cheesman, 2010). The most effective method that will suit the needs of our learning team is the mediation method. If an agreement cannot be reached during the mediation process, then the arbitration method will be utilized.
Mediation is a form of negotiation in which a neutral third party assists the disputing parties in reaching a settlement of their dispute. The neutral third party is called a mediator (Cheesman, 2010). Within a team environment the mediator would be the team members not involved in the dispute. If an agreement cannot be reached during the mediation process, then the arbitration method will be used. In arbitration, the parties choose an impartial third party to hear and decide the dispute. This neutral party is called the
References: Cheeseman, H. R. (2010). Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues (7th ed.). : Prentice Hall.