Alternative Dispute Resolution Clause

In: Business and Management

Submitted By flirtyenigma
Words 406
Pages 2
Learning Team Alternative Dispute Resolution (ADR) Clause
Mariela Quinones
Monday, April 5, 2010
Jonathan Jamieson

Alternative Dispute Resolution (ADR) Alternative dispute resolution refers to a variety of methods in which conflicts and disputes are resolved without litigation. It is an alternative system that responds to the needs of parties involved in disputes. Some types of ADR are arbitration, mediation, medarb, minitrial, rent a judge, summary jury trials, early neutral evaluation, and peer review (Jennings, 2006, p. 111-119). These methods provide fast and effective results without the higher cost and long term of a litigation process.
Learning Team Conflicts Conflicts, disputes, or disagreements among team members will be initially settle and handle through proper communication and negotiation between team members. ADR will be exclusive for those disputes and problems that can not be resolve in a timely manner and are affecting the team to achieve goals and deliver their projects. Some conflicts are necessary to bring new perspectives and different points of view among a diverse group of people. They enhance positive productivity, responsiveness, and effectiveness in achieving goals.
Disagreements that are subject to an alternative dispute clause • Violation of conduct code. • Lack of participation. • Minimum communication. • Poor performance. • Negative attitude toward the team. • Late delivery of assignments that can affect the team members.

Type of Alternative Dispute Resolution for Learning Team This type of ADR will be used to resolve disagreements among the learning team members during the length of this course, and will be suitable for use by any learning team in any course of the program.
This method involves an attempt by the team members to resolve the dispute with…...

Similar Documents

Alternative Dispute Resolution

...Michael Cusick Alternative Dispute Resolution Law and Ethics for Managers January 13, 2011 Alternative Dispute Resolution (ADR) can be used to refer to a variety of methods used to resolve disputes outside the formal court system (Bagley & Savage, 2010). Less expensive and timely than formal trials, an ADR can provide companies with much-needed privacy for discreet matters, help to maintain relations with strategic business partners, and may provide more flexible and creative resolutions to disputes (Clarkson, Cross, Jentz, & Miller, 2004). Negotiation, mediation, and arbitration are the most popular types of ADR (Bagley & Savage, 2010). For the benefit of business managers, this paper will review what is involved in the each ADR process, recommend steps to prepare for each type of action, look at some advantages and/or disadvantages of each, and discuss how legally binding the decided outcome of each ADR may be for the parties involved. One of the most simple and least formal types of Alternative Dispute Resolution (ADR) is negotiation. During a negotiation the disputants meet informally, with or without council, to attempt to settle their differences (Bagley & Savage, 2010). In some cases the court may require that the parties attempt to negotiate before a trail to attempt to reach a resolution and will only hear the case if cannot reach an agreement on their own accord (Clarkson, Cross, Jentz, & Miller, 2004). The disputing parties may also......

Words: 1083 - Pages: 5

Alternative Dispute Resolution

...Alternative Dispute Resolution (ADR) Eric J. Cortes Cintrón University Of Phoenix LAW/531PR January 9, 2013 Prof. Paul Vilaró Nelms, Esq, CPA Alternative Dispute Resolution (ADR) The use of the court system to resolve business and other conflicts can take years and cost thousands, or even millions, of dollars in expenses and legal fees. To reduce these problems, businesses are increasingly turning to methods like Alternative Dispute Resolution (ADR) (Cheeseman, 2010). ADR typically refers to methods and processes of resolving disagreements or disputes that fall outside the judicial process or formal litigation at court. According to Cheeseman (2010): “The most common form of ADR is arbitration. Other forms of ADR are negotiation, mediation, conciliation, mini-trial, fact-finding, and using a judicial referee.” Our Learning Team will use arbitration. In arbitration, the team members choose an impartial third party to hear and decide the dispute. The arbitrator is the neutral party. In our class will be an academic advisor. Learning team agreements often contain arbitration clauses that require disputes arising out of the agreements to be to arbitration. The disputes subject to ADR are late submissions, team involvement, establishing and following guidelines that includes adhere to the goals and......

Words: 408 - Pages: 2

Alternative Dispute Resolution

...Alternative Dispute Resolution (ADR) Clause University Of Phoenix LAW-531PR Business Law   Alternative Dispute Resolution Clause When working in team conflicts are inevitable but determine how to resolve them is vital. The Alternative Dispute Resolution Clause (ADR) is an alternative to solve internal conflicts in an organization, avoiding going to court, thus resulting in savings of money and time to the organization. We will work on this occasion the ADR based on student teamwork. We will determine the possible scenarios of conflict and provisions to work them. In commercial litigation, the normal business operations of the parties are often disrupted. To avoid or reduce these problems, businesses are increasingly turning to methods of alternative dispute resolution (ADR) and other aids to resolving disputes. The most common form of ADR is arbitration. Other forms of ADR are negotiation, mediation, conciliation, mini-trial, fact-finding, and using a judicial referee (Cheeseman, 2010). The controversies can arise as a result of the following factors: team members do not attend meetings (absenteeism), non participation in team discussions, not presenting a task deadline, disrespectful and unethical behavior such as plagiarism, comment offensive, inappropriate language and lack of respect for diversity team. The team will determine a prudent time to resolve the conflict; an example might be a 24-hour period. If the period is not sufficient enters the ADR function......

Words: 373 - Pages: 2

Alternative Dispute Resolution

...Working in teams can be easy or difficult. If the rules and instructions are clearly outlined, the team will have high performance and the leader will not need to get involved. An Alternative Dispute Resolution (ADR) clause is the most efficient way to resolve a dispute. According to Jennings (2006), alternative dispute resolution (ADR) offers parties alternative means of resolving their differences outside actual courtroom litigation and the costly aspects of preparation for it. An ADR clause can also be used by a learning team to resolve disagreements among members. I will outline an ADR in the clause, define disputes subject to ADR and identify provisions necessary to enable ADR to occur in a learning team. Dispute Resolution. Should the following disputes arise within the learning team (team member fails to submit an assignment or individual portion of an assignment by the predetermined deadline date, team member is not participating in group discussions, team member made offensive comments to other members and/or team member(s) have an internal conflict) that cannot be resolved 24 hours after the dispute began will enable ADR to occur. In the event a dispute shall arise between members of the learning team, the members agree to participate in a mediated negotiation with the professor of the course. Mediation will involve all learning team members and course professor. Mediation will not be formal and due to time constraints, various locations of members and online......

Words: 283 - Pages: 2

Alternative Dispute Resolution

...Alternative Dispute Resolution – Clause for Learning Team José M. Santana Ortiz LAW 531 February 12, 2014 Prof. Israel Camacho- Alicea Alternative Dispute Resolution – Clause for Learning Team Alternative Dispute Resolution means the form and manner to handle a conflict or disputed. Typically Alternative Dispute Resolution has seven parts or segments, Negotiation, Arbitration, Mediation, conciliation, mini-trial, fact finding and Judicial referee. But the most used of these or more common is Arbitration. Negotiation is the first step to resolving a dispute into the parties. Alternative Dispute Resolution is the economic way before reaching to the court to start a legal process. According to Cheeseman (2010) Arbitration is a form of Alternative Dispute Resolution in which the parties choose an impartial third party to hear and decide the dispute (p.44). To resolve problems or conflicts in our Learning Team will use negotiation. Is important hear all components of the Learning Team to reach an agreement. This is the first step to growth like a team. The trust we have with each other is essential part to complete and achieve our goals. If the problem persists is time to take another action to reach an agreement. In this case a consulting by Learning Team with the instructor is recommended. Points will be discussed with the instructor to discuss and we suggest a possible solution or agreement to the problem or dispute requested. According to Cheeseman......

Words: 317 - Pages: 2

Alternate Dispute Resolution Clause

...Alternative Dispute Resolution for Learning Team Charter Working in an online learning team will always be challenging even in the best of circumstances; there are time zone differences, different styles of communication, and issues with intent versus perception. A team will use a thorough and well written learning team charter to mitigate misunderstandings and to outline expectations for each team member. This charter includes team ground rules, expectations for time management/involvement, and ensuring fair contribution. Even with such a charter in place, there may be disagreements that need further resolution. Many situations previously handled through traditional litigation are dealt with through Alternative Dispute Resolution. When applied effectively, the Alternative Dispute Resolution is proving to be a useful tool that can reduce time spent in the resolution process can produce creative alternative solutions and can push team members through an impasse. This alternative dispute resolution clause offers the team an additional way to resolve differences. Disregarding the team charter is grounds for a formal disagreement or dispute that needs resolving. The alternative dispute resolution clause will come into effect when a disagreement or dispute continues for more than 24 hours and cannot find a common answer as per regular course of action within the charter. When such an argument or dispute occurs the team shall consult with each other through the learning...

Words: 311 - Pages: 2

Alternative Dispute Resolution Clause

...Alternative Dispute Resolution Clause Law/531 Business law Charles Cook January 17, 2010 Alternative Dispute Resolution Clause Employers value potential candidates with strong communication skills and the ability to negotiate through issues. The experience a student gains in college with dispute management provides the foundation necessary in the workplace. Many careers rely on team-based work to execute projects, therefore becoming familiar with the various alternative dispute resolution (ADR) options widens a student and employment candidate for more opportunities in the workforce. While a common form of an ADR is arbitration, other forms are negotiation, mediation, conciliation, mini-trial, fact-finding, and using a judicial referee (Cheeseman, 2010). For the purposes of developing an ADR clause tailored to the needs of an on-line learning team, some considerations must be made. Limited time constraints is the first concern when establishing an ADR clause for the learning team. Because many courses are between five and six weeks long, having a lengthy dispute resolution process would not be possible. Therefore, this fact would eliminate many of the common techniques used in the process. Another factor to consider are the team sizes, which are generally three to six people. Smaller groups allow for clearer communication among members. The final consideration would be the geographical locations of every team member. While many instructors try to place students......

Words: 374 - Pages: 2

Alternative Dispute Resolution Clause - Grade a!

...Alternative Dispute Resolution Clause Should any dispute between Learning Team (LT) members arise at any time during the six-week class term and out of any aspect of the LT relationship including, but not limited to, team member selection, performance, assignment input, assignment completion, and assignment submission the LT will confer in good faith to resolve promptly such dispute within 24 hours. In the event of conflict between two or more members of the LT that cannot be settled within 24 hours of onset of the conflict, the dispute will be escalated to one of the two Alternative Dispute Resolutions (ADR) identified in the Team Charter as appropriate methods for resolving LT disputes. The first and preferred method of dispute resolution is Peer Review (PR). PR is an effort to keep the conflict within the margins of the LT and is comprised of the remaining LT member(s). The two parties involved in the dispute will separately choose an LT member not involved in the dispute to represent him or her, or another neutral party if the number of LT members is limited. Each disputing member will present his or her case and the PR panel will deliberate and identify a possible solution. The total time allowed for the PR process is two days. The first day is to identify the parties and to participate and prepare cases. The second day is to present evidence and render a decision. If the suggestion presented by the PR panel does not resolve the dispute, it will then escalate to......

Words: 401 - Pages: 2

Alternative Dispute Resolution

...months and sometimes even years, as a result, it is now commonplace to use Alternative Dispute Resolution (ADR) to resolve these disputes. More agreements often contain mandatory arbitration provisions that are legally binding and enforceable. In addition, almost every court or administrative agency empowered to hear cases now requires mediation as part of the formal adjudication process (Spangler, 2003). Abstract: Arbitration plays a crucial role in commercial procurement. Ideally, solid contractual agreements would alleviate disputes between parties. In most cases, disputes result from the terms of the contract rather than the actual contract itself. Arbitration offers dispute resolution that eliminates the need for costly litigation and time-consuming disputes in the courtroom. This paper considers the role of arbitration in contracted procurement. Additionally, it considers alternative dispute resolution (ADR) as a whole as arbitration is a subset of ADR and will discuss their relative advantages and disadvantages in comparison with traditional litigation. The aged concept of arbitration has recently begun to reach tremendous levels of popularity in the acquisition realm. defines arbitration as, “the hearing and determining of a dispute or the settling of differences between parties by a person or persons chosen or agreed to by them”. Solving disputes through arbitration is by no means a modern concept. The first......

Words: 2406 - Pages: 10

Alternative Dispute Resolution

...and achieve the team’s objectives. However, conflicts may arise that cannot be settled among the team members alone, and in this case an Alternative Dispute Resolution is an effective way of resolving disputes among the group. Alternative Dispute Resolutions are typically used among individuals as a way of resolving disputes in order to avoid the lengthy and costly use of the court system. “The most common form of ADR is arbitration; other forms of ADR are negotiation, mediation, conciliation, mini-trial, fact-finding, and using judicial referee” (Cheeseman 2010, p. 43). In a learning team setting, one form of ADR that can be used for dispute resolution is Mediation. The purpose of this paper will be to prepare an alternative dispute resolution that can be used by a learning team to resolve disagreements, define which disputes are subject to ADR, and identify all provisions and information necessary to enable the ADR to function effectively. Alternative Dispute Resolution: Mediation Clause If disputes arise out of the following: A team member does not participate in team assignments and or, meetings; does not submit individual portions of team assignments as expected; exhibits behavior that is offensive to team members; or if the team has an internal conflict that cannot be resolved by negotiation within 24 hours after the dispute, the ADR will be initiated and will be subject to mediation if all parties agree. If the team members agree to mediation, the......

Words: 419 - Pages: 2

Alternative Dispute Resolution

...Alternative Dispute Resolution Name: Institution Affiliation: Introduction Alternative dispute resolution is a method for settling parties' disagreements outside of court's antagonistic setting. Today, ADRs are greatly compelling to the point that courts frequently oblige parties to seek after this plan B before disputing their cases. Both arbitration and mediation may be court-requested. Settling one's dispute through components outside to the court structure may spare one time and cash. In the last twenty-five years, since Australia held onto multiculturalism as an approach, issues of intercultural correspondence have ended up more noticeable in the working environment. On the other hand, until as of late, little had been composed on these issues, and even now, numerous authoritative managers have no preparation. They as well have no learning of how to manage correspondence problems, despite the fact that most workplaces are staffed by individuals of diverse cultures. The report examines these three issue areas and shows that a considerable lot of the difficulties confronted by migrants in the workforce are caused by the absence of awareness of, and preparing in, intercultural correspondence. Why clients should be encouraged to use ADR and Implications Clients ought to be encouraged to make use of these alternative methods for solving conflicts for a number of reasons. ADR can permit access to justice. Case in point, as there can be cost......

Words: 3050 - Pages: 13

Alternative Dispute Resolution Clause

...Alternative Dispute Resolution Clause Introduction Alternative Dispute Resolution (ADR) is a method that many organizations use instead of litigation. ADR provides less costly alternatives such as arbitration, negotiation, mediation, conciliation, mini-trials, fact-finding, and the use of judicial referees (Cheeseman, 2010). ADRs also can be affective in a controlled environment, such as an educational learning team, as well. Arbitration and mediation can be used to help solve miscommunication, lack of participation, and personality conflicts within the team setting. Arbitration The main issues that teams face are the lack of communication and participation. A Learning Team Charter can be a helpful tool when defining what is out of each team member. The charter should also include how miscommunication, lack of participation, and personality conflicts should be handled. These issues should first be dealt within the team itself. If an agreement cannot be attained or behaviors do not change, a third party, such as the instructor, should be alerted of the situation and help with the arbitration. The third party should be informed of all of the facts and the measure that have been taken to improve the situation. This information can be used to determine if and what further action should be taken. Mediation also can be used when dealing with personality conflicts between team members. A mediator can provide valuable information regarding different tactics that......

Words: 330 - Pages: 2

Alternative Dispute Resolution

...Alternative Dispute Resolutions: Arbitration Clause Saundra Stewart Kaplan University LS311-01: Business Law 1 Professor James Starcher May 1, 2012 Disputes, disagreements, differing opinions, and arguments, what do they all have in common? They all involve two persons or groups that have different ideas that are in conflict with the other. When these differences arise we as a civilized society usually are able to work out some solution that may work to the benefit of both parties. This process of resolving these conflicts is called Dispute Resolution. There are three basic categories of Dispute Resolution that are often used: 1) Negotiation; 2) Mediation; And 3) Arbitration. Negotiation is the process where the two parties will sit down with each other and usually reach an amiable agreement to resolve the differences. Mediation occurs when both parties agree to sit down with a 3rd party that is neutral. The main purpose of the 3rd party is to emphasize the commonalities that the parties have. Mediation is also less adversarial than the court room. The 3rd party can make a proposal but that proposal is not binding on either party. Arbitration is perhaps the most formal of the Alternative Dispute Resolutions that is used. In this method both parties will present their case to either and individual or panel of experts who will then make a decision and impose that decision on both parties. This is called Binding Arbitration. Not all Arbitration is binding but that is a......

Words: 1507 - Pages: 7

Alternative Dispute Resolution Clause

...made up of individuals who can at times agree and disagree with each other. When a disagreement occurs, the parties should be able to work out a viable solution that would make all parties content and happy with the final product. If two or more members cannot agree on an idea, alternative dispute resolutions maybe require helping reach a solution. Alternative Dispute Resolution A disagreement between two parties that cannot be resolved in a timely manner will lead to an alternative dispute resolution to be formed. An alternative dispute resolution will be needed when decisions must be made for a group. If two or parties cannot agree with each other on a compromise or a goal, the following steps will be followed. 1. A meeting between all members of the learning team will be called and the reason for the meeting will be discussed. 2. The matter that is in dispute will be brought to the table and all parties will discuss the good and bad from the idea. 3. The group will call compromise for both parties to make a viable decision that is for the betterment of the team. 4. A decision will be announced and all parties must agree on the final verdict. The goal of an alternative dispute resolution is to get all the parties on the same page and every member realize the goal is within reach. The idea is to make everyone and team successful, not individuals....

Words: 265 - Pages: 2

Alternate Dispute Resolution Clause

...Alternate Dispute Resolution Clause University of Phoenix developed learning team to help individuals work together as a collaborated unit to gain intellectual advantages. However, when individuals come together to implement and complete tasks and objectives, occasionally, problems and issues could arise. For instance, if the team develops a binding learning team charter, which each team member must agree to the charter’s terms and is responsible for completing his or her part of a task or assignment within a certain timeframe for the team’s editor to compile each member’s part into a single paper or presentation. When any team member fails to uphold his or her ability to complete the assignment, an alternative dispute resolution (ADR) must come into action. The ADR enables team members to implement the process of using mediation process with a mediator, who listens to both sides of the issue, and makes a fair decision based on the binding information in the learning team charter (Jennings, 2006). However, the charter is binding, in which an arbitrator has the deciding factor or binding in a way that each member must agree on the outcome in the mediation process. If a team member do not post his or her assignments when designated, or if do not complete the assignment in any case, the team will vote on a resolution to solve the problem with an appropriate course of action. Whereby, which person’s name possibly removed from the assignment with no credit on the......

Words: 328 - Pages: 2

THE PEDESTRIAN ASSIGNMENT - 623 Words | The Get Down | Best Fails Compilation July 2018