Alternative Dispute Resolution Paper
Alternative Dispute Resolution Paper
Thelma Acosta
Business Law/531
October 4, 2010
Michael A. John
Alternative Dispute Resolution Paper
Working in groups has become a key in grade schools, university, and work places. Working in teams is not as easy as everyone may think; clear communication and teamwork makes an effective team (eHow, n.d.). As one may know there can be disagreements, disputes, arguments, or rule of violations within team members which cannot be resolved within 24 hours. If the disputes are in reference to the member’s rules and regulations that were documented in the learning team charter an alternative dispute resolution (ADR) can be helpful to resolve the disputes. However, not all disputes can be worked out through ADR. Alternative dispute resolutions are other methods is resolving disputes, which are less costly and saves time. Arbitration, negotiation, mediation, conciliation, mini-trail, fact-finding, and judicial referee are other forms of ADR (Cheeseman, 2010, p. 43). Depending on the dispute and what the parties agree on will determine which method will be used. For a learning team dispute the best type of ADR is mediation. Mediation is a form of negotiation when a neutral third party helps find a solution for the dispute. The mediator is an expert in the area of the dispute and is selected by both parties. The mediator will meet with both parties separately to discuss the case. Mediation does not involve any formal procedures and the mediator does not have the power to make a necessary decision or force the parties to agree (Cheeseman, 2010, p. 45). Their job is to listen, sort through the differences between the two parties and find a common ground to resolve the dispute. For whatever reason if both parties do not reach an agreement with mediation, the dispute can be referred to and resolved through arbitration. Arbitration is an impartial third party to hear and decide if wrongdoing
Thelma Acosta
Business Law/531
October 4, 2010
Michael A. John
Alternative Dispute Resolution Paper
Working in groups has become a key in grade schools, university, and work places. Working in teams is not as easy as everyone may think; clear communication and teamwork makes an effective team (eHow, n.d.). As one may know there can be disagreements, disputes, arguments, or rule of violations within team members which cannot be resolved within 24 hours. If the disputes are in reference to the member’s rules and regulations that were documented in the learning team charter an alternative dispute resolution (ADR) can be helpful to resolve the disputes. However, not all disputes can be worked out through ADR. Alternative dispute resolutions are other methods is resolving disputes, which are less costly and saves time. Arbitration, negotiation, mediation, conciliation, mini-trail, fact-finding, and judicial referee are other forms of ADR (Cheeseman, 2010, p. 43). Depending on the dispute and what the parties agree on will determine which method will be used. For a learning team dispute the best type of ADR is mediation. Mediation is a form of negotiation when a neutral third party helps find a solution for the dispute. The mediator is an expert in the area of the dispute and is selected by both parties. The mediator will meet with both parties separately to discuss the case. Mediation does not involve any formal procedures and the mediator does not have the power to make a necessary decision or force the parties to agree (Cheeseman, 2010, p. 45). Their job is to listen, sort through the differences between the two parties and find a common ground to resolve the dispute. For whatever reason if both parties do not reach an agreement with mediation, the dispute can be referred to and resolved through arbitration. Arbitration is an impartial third party to hear and decide if wrongdoing
References: Cheeseman, H. R. (2010). Business law: Legal environment, online commerce, business ethics, and international issues (7th ed.). Upper Saddle River, NJ: Pearson Prentice Hall. eHow. (n.d.). How to Work Effectively in Groups. Retrieved from http://www.ehow.com/how_2060412_work-groups-effectively.html