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 the most popular choices of ADR in a learning team is arbitration. Arbitration occurs when each side decides on one arbitrator, the arbitrator then listens to both sides of the case and settles on one side. Arbitration is a popular choice in a learning team as the arbitrator is a third party that is not involved in the case. The arbitrator listens to both sides of the disagreement and chooses which party to side with. Another popular choice amongst learning teams is mediation. Mediation occurs when an outsider is brought in and attempts to work out a settlement or agreement between the two parties.
The mediator plays a strong role in resolving disputes between two parties. The mediator brings outside information that can attempt to help both parties come to a resolution. Bringing in a third party can help to break things down to see both sides of the argument. Both team members can be heard and the mediator can assist in resolving the conflict. Bringing in an individual that is not part of the problem can help to clear things up for both parties.
Learning Team Clause
The Alternative Dispute Resolution Clause for ETH/321 Leaning Team A are that all participating in the learning team and abiding by the goals set by the Team Charter will seek to resolve any dispute that results due to following the accordance’s set by the Team Charter will follow through with procedures as noted as the sole purpose of dispute resolution among team members. The team members should first, make an attempt in all good faith to resolve any conflicts that arises between any team members personally while abiding to the agreed upon Team Charter as quickly and respectively as possible, and at least within 24 hours of an attempt to resolution between the team members is not reached, an attempt through negotiation with the team leader and the team members to reach a compromise between the parties will proceed. If anyone of the participating team members decide not to participate in the negotiation the reluctant party loses their position and the dispute is resolved.
If through negotiation within 24 hours a resolution is not reached in the dispute, then the team members shall participate in a mediation with the team leader and the instructor. Should any member refuse to participate in the mediation that member’s action results in a lost position, and the dispute is then resolved. Mediation should not exceed one day. The team leader through directives from the instructor will facilitate the mediation in an attempt to resolve the dispute. Throughout the mediation each team member will be able to state their position and provide any supporting information on their behalf. After each team member has presented their supporting information in regards to the dispute, the instructor will rule on the dispute with the team leader serving as facilitator and witness. The instructor’s ruling is final and shall result in resolution of the dispute.
Provisions for ADR to Function Properly
There will be certain provisions and information necessary to enable the ADR in our clause. When a dispute arises, you do not always want to just jump straight into using the ADR. There are certain situations where the ADR might not even be necessary. Before the ADR is used, the two parties in the dispute will attempt to negotiate the dispute between themselves. Then they should decide if they can settle the dispute on their own or if they need to proceed with mediation. When it has been decided that mediation is necessary, the two parties will then have to decide on a mediator. Once a mediator has been decided, there are some preparations you should take.
Firstsmediation.com says that you should “create a case roadmap”. Basically, you want to use this time to figure out what the dispute really is and what your side of the issue is. Ask yourself what you intend to get out of the situation. It would be good to begin preparing what you would say and how you would handle the dispute with a mediator present. For every negative issue you come across, you should always attempt to find a positive resolution. Once you have all this information and you feel ready, then the mediation process can begin.
Mediation, as discussed by Learning Team A, is the best form of ADR to settle disputes in a learning team. The help from an outsider can help both sides of the disagreement to see what each party is saying, and the mediator can provide assistance in resolving the conflict. Learning teams come with struggles to overcome as we are all a diverse group of individuals. Disagreements will come about, and using mediation to resolve those disagreements will help the learning team to resolve issues quickly and efficiently.
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
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