Alternative Dispute Resolution Essay

410 Words2 Pages
Jared Brady Week 1 Exercise: Alternative Dispute Resolution To be used for a Learning Team to Resolve Disagreements LAW/531 – Business Law Professor David Walker July 13, 2009 Learning Team Alternative Dispute Resolution (ADR) ADR is defined as an important first step in the dispute resolution process. This resolution “refers to any means of settling disputes outside of the courtroom. ADR typically includes arbitration, mediation, early neutral evaluation, and conciliation,” (Hg.org Worldwide Legal Directories, 2009). Definition of Problem that will Warrant an ADR Any conflict, disagreement or dispute within the team that can not be resolved through normal means including team discussion, regarding team participation, attendance, missing a deadline for participation or turning assignments in late or with poor quality that results in negative consequences on the overall work of the team. Conflicts are prevented if the team communicates and works together in orders to avoid disputes. Mediation If such conflict arises and is not solved by team members, a mediator will be selected from the team. The selection will agreed upon by all parties, unless the dispute is one that the course instructor will mediate. The mediator will set up a conference call between all parties after the facts are reviewed and each team member’s interview is completed. Mediation Process During mediation, team mates will talk to each other and share information in a open and honest way. Members will listen without interruption and will be respectful to other’s ideas and problem solving alternatives. The mediator does not issue decision, but should be a facilitator in order to unblock the parties in the dispute. His presence guaranties the control of the situation while feelings, opinions, claims are exchanged,” (Jennings, M., 2006). All records of mediation
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