Alternate Dispute Resolution Essay

369 WordsApr 12, 20102 Pages
Alternative Dispute Resolution In the unfortunate even that two or more group members have a dispute that cannot be resolved an alternative dispute resolution will be enacted as an alternate to litigation. The type of dispute resolution that will be used for our group is mediation. Mediation is a process in which both parties meet with a neutral mediator who listens to each side explain its position. (Jennings, 2006) The mediator then tries to get the parties to come to some mutual agreed upon solution. The mediator does not make the decision for the case but instead steers the process in which both parties will express their views and concerns on the disagreement and by hearing out each party in a civilized manner will hopefully make suggestions how the two parties can come to some mutual agreement. The Process First the mediator must be chosen. This person will be the member of group who is most neutral to the dispute and by most neutral this means the mediator will have the least involvement in the issue so they can be as neutral as possible. The group cannot afford to hire any outside mediator. The group as a whole will vote on who the mediator should be. The mediator may not be one of the two parties in disagreement and no one involved in the dispute can vote for themselves. Once the mediator is elected each party involved will tell their side of the story and express their issues or concerns. The conversation between the two disagreeing parties will be stopped and started as often as needed by the mediator who can also interrupt at any time in order to steer the mediation to the most beneficial outcome. Alternative Arbitration If for some reason the two parties cannot come to a mutual agreement within one hour the mediator will by default become the arbitrator whose decision shall prevail over both parties. So it is in the two parties best interest to
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