10 May ADR Clause
- Outline the various forms of an alternative dispute resolution (ADR).
- Develop an ADR clause that might be used by a Learning Team to resolve disagreements among members using one of the forms you discussed. This has to be an actual written clause.
- Identify all provisions and information necessary to enable the ADR to occur and function effectively. Answer all “what if” scenarios that address the need for quick resolution and possible alternate arbitrator.
The clause must be suitable for use by any Learning Team in any course of your program.
The clause must provide all information necessary to define which disputes are subject to an ADR
ADR Clause
Introduction…
Forms of ADR
Alternative Dispute Resolution (ADR) are methods of legal resolutions that settle unresolved issues out of a formal courtroom setting. There are seven forms of ADR: neutral evaluation, fact finding method, MED-ARB, negotiation, conciliation, mediation, arbitration (Gur Law firm, 2013). A typical first attempt at ADR is negotiation. Negotiation is an informal where only the parties involved communicate possible solutions to resolve the dispute. It is typical to imagine a scenario in which two individuals are trying to make a deal or compromise like you see in the famous television show Pawn Stars, but negotiations can involve more than two parties sometimes dozens. A major advantage of negotiation is it is very flexible; the parties involved do not have to schedule court dates or meet with lawyers at specific times they can configure the negotiations to meet the needs of all parties. A disadvantage of negotiations is that agreements are not always reached, and the issue remains unresolved; this is where an unbiased third party is useful.
Mediation
Mediation is another form of ADR that is very common; parties involved who cannot reach a settlement usually seek a neutral party, known as a mediator, to help them resolve the issues. Mediation is most commonly known during matters involving divorce. A mediator is not a final judge in the matter, but they help with the negotiations specifically where the parties were not collaborating or compromising. Sometimes during the negotiation process the parties involved can become too emotional and lose sight of the purpose of reaching an agreement. Having someone who does not benefit from the outcome is beneficial to bring the parties back on track.
Mediation is not the only form of ADR that uses an unbiased third party. Arbitration is another form of ADR that has a neutral party involved called an arbitrator. Unlike a mediator the arbitrator has the final say in the matter, but before the arbitration process begins the parties must agree that whatever the arbitrator says is indeed final. This process is sort of a mini trial where parties involved will make their cases and the arbitrator will ultimately make the final judgement on the matter.
Bullet 2
For all arguments between members of a learning group, when an agreement cannot be reached via negotiation, an unbiased third party will act as either a mediator or arbitrator to decide the outcome of the argument. The mediator/arbitrator for all disagreements will be the group lead. If for any reason the group lead is unavailable or impartial for mediation or arbitration of the current situation the issue can be brought up to a member of the University of Phoenix (UoP) faculty, usually the instructor of the class in which the learning group is enrolled. Mediation will be the primary means of resolution of conflict due to its collaborative nature but when both parties refuse to cooperate arbitration will be used.
Conclusion
References
Gur Law Firm,. (2013, September). Alternative Dispute Resolution Methods. Mondaq,(),. Retrieved from http://www.mondaq.com/turkey/x/261366/Arbitration+Dispute+Resolution/Alternative+Dispute+Resolution+Methods
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