Preview

Business Law 531 Alternative Dispute Resolution Paper

Satisfactory Essays
Open Document
Open Document
610 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Business Law 531 Alternative Dispute Resolution Paper
University of Phoenix

Business Law 531

Alternative Dispute Resolution Assignment

Professor Jack Tandy

December 19, 2010

AGREEMENT TO UTILIZE ALTERNATIVE DISPUTE RESOLUTION PROCEDURE FOR UNIVERSITY OF PHOENIX LEARNING TEAM MEMBERS

This agreement is entered into by and in between ________________________ and ______________________, who are both currently students at the University of Phoenix.

Whereas both parties have agreed to enter the Alternative Dispute Resolution process, the process of Non-binding mediation will be administered by a neutral third party.

As such, the parties agree to the following principles:

1. The ADR proceeding will be scheduled by the neutral third party by arranging a mutually agreeable
…show more content…
The role of the Mediator will be that of a neutral third party, who will have no long-term interest in the consequences or outcome of the dispute. His or her role will be that of a facilitator and advisor in the settlement negotiations. The Mediator may comment on issues and express his or her opinion regarding the relative strength or weakness of the parties’ positions. 3. After learning of the disputed issues from each party, the Mediator will prepare a list of disputed issues. If the parties cannot agree about the proper wording of these issues, then both parties’ issues will be presented individually to the Mediator during the ADR process. 4. The parties will exchange requested documents and supporting information at a mutually agreeable time and place. The exchange of information shall conclude at a mutually agreeable time, or a maximum of two weeks after the formal beginning of the resolution process. 5. All exhibits or supporting information of each party’s position will be provided in a three ring binder format. 6. Each participant will supply the Mediator with a list of expected participants or witnesses in the party’s ADR presentation. The list will contain a brief description of the specific subject matter that each participant will address as well as the estimated time each participant will

You May Also Find These Documents Helpful

  • Good Essays

    Law 531 Final Exam

    • 1213 Words
    • 6 Pages

    6) Which of the following forms of alternative dispute resolution allows both parties to see the strengths and weaknesses of both sides of the case through the presentation of evidence?…

    • 1213 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    What is ADR? ADR Approaches of Arguments Resolution Negotiation Why Negotiation? Proceedings Implication…

    • 397 Words
    • 8 Pages
    Satisfactory Essays
  • Good Essays

    Mgt441 Assignment 4

    • 652 Words
    • 3 Pages

    “Third-party involvement includes mediation, fact-finding, and arbitration”(Fossum, 2015, p.409). Mediation is a party that assists the involved party however remains neutral. Mediation will find a common ground where the parties involved can communicate together in order to find a solution to whatever problem or task is at hand. However easy this may sound the task of bringing a disruptive party together can seem next to impossible. The goal for the mediator is to bring not only communication to the table but also an agreement.…

    • 652 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    This paper will discuss an alternative dispute resolution (ADR) clause that might be used by a Learning Team to resolve a disagreement among members. This paper will identify all provisions and information necessary to enable the ADR to occur and function effectively.…

    • 320 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Most common forms of ADR which are available are – Negotiation (It is a simple procedure in which parties involved in dispute discuss with each other to reach a voluntary settlement.),Mediation (In this method, the parties use a mediator to propose a settlement of their dispute), Arbitration ( In it, the parties chooses a third party to hear evidence and testimony and then decide the dispute), Mini-trial (In it, lawyers from both parties present their case to representatives of each party so that parties can know strengths and weaknesses of their cases.), Fact-finding(the parties employs a neutral third party who act as fact-finder for the investigation of case and the information investigated by Fact-finder can be used in negotiating settlement.), Using a Judicial Referee (With the parties agreement, the court may appoint a judicial referee to conduct a private trial and give a judgment and their decisions stand as judgments of the court). (Cheeseman,…

    • 781 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    2. Talk to both parties to identify their specific issues that need solving, identify what is going to be needed to find solutions in the short and long term. Take note of each parties information related to issue at hand which can be used to corroborate information during the negotiating process.…

    • 727 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Alternative Dispute Resolution (ADR) is an important aspect of the court’s structure in that it allows disputes to be resolved without the need for litigation. The different types of this key alternative will be discussed along with a pros and cons of each alternative type. A personal perspective of how ADR has worked for me in the past will be included as well as what type was used.…

    • 924 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    Law/531 Adr Analysis

    • 637 Words
    • 3 Pages

    The benefit of ADR, allows a legal issue to be resolved without having to spend as much money and time as a traditional means. Arbitration, collaborative law, mediation and negotiation are a few of the alternative means to resolve disputes. For the majority of the ADR process, there is no need for a judge or jury. Initially, an ADR method should be chosen, with a neutral individual in charge of facilitation. For the benefit of avoiding a public trial, a…

    • 637 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Mediators do not give a final verdict on the case, but only serve as a resource of understanding between both parties. In the case that there is not an agreement, the parties can look to other avenues to resolve the legal issue, whether that be another ADR option, or court. In the same manner, Arbitration also uses a third party to handle disputes. When each party agrees to arbitration, usually an expert in the field is called to facilitate the process. Their responsibility is to listen to what each side has to present, and based on the evidence and information, provide a verdict for the case. Some of these cases can be binding meaning that a decision made by the arbitrator is final. In any other instances, if the case is not binding, then either party has the right to go to court if the verdict is not satisfactory (Arbitration and mediation, n.d.). Sometimes I hybrid version of these two processes, known as Med-Arb, may be the best approach. At the beginning of the process a mediator is established, but if an agreement cannot be reached through mediation, then the mediator takes position as an arbitrator and imposes a binding decision for…

    • 1151 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    The issue pertaining to this case is whether a court can set aside an arbitration award on the basis that it violates public policy, subsequent to Mr. Edson being released from his job after being found intoxicated while on duty and being awarded reinstatement by the arbitrators. Exxon Mobile, the employer, filed a suit claiming that the award contravenes with public policy, which opposes intoxicated individuals from operating seagoing vessels.…

    • 314 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Another strategies of resolutions through in the ADR process in the situation of problems in the Learning Team is the mediation. Team member with current or previous involvement in disputes are not able to intervene as arbitrator. According to "San Diego Court” (2014), Mediation is a confidential, non-binding process in which a trained mediator facilitates communication between disputants and assists parties in reaching a mutually acceptable resolution of all or part of their dispute. The mediator is not the decision-maker and does not resolve the dispute, the parties do. However a mediator is often able to more fully explore the parties' underlying interests, needs and priorities ("San Diego Court ", 2014). The ADR Clause is a faster process and more effective that a litigation.…

    • 347 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Mediators are trained in facilitation and negotiation techniques by working with two parties to come up with a possible solutions. One thing the mediator does…

    • 359 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The ultimate goal of the mediator is to assist two or more feuding individuals by helping them reach an agreement; they often facilitate communication between feuding parties in order to reach common ground in a timely fashion. While the mediator does help assist the two parties resolve conflict, the mediator is not the decision maker. Ultimately, the conflict will be resolved by the two feuding parties and not the mediator Worldwide Legal Directories, 2010).…

    • 590 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    The mediator is in charge of what the couple must discuss and what needs to be solved in a fair and civil matter.…

    • 631 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    In a traditional litigation the process is very structured. Usually a lawyer is needed to represent then the process will proceed through the judicial system. A judge and jury will render an unpredictable ruling based on the law rather than justice. An alternative dispute resolution is much more flexible. In the alternative dispute resolution parties can select a neutral decision maker with specific expertise pertaining to the dispute. The procedure and format also can be agreed upon by both parties.…

    • 771 Words
    • 4 Pages
    Good Essays