Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) has become an increasing popular option, which allows individuals to resolve issues outside of a courtroom. The ADR process can be a much faster, cheaper, and less stressful for all involved. This process can also be an effective tool when it comes to teams. At the University of Phoenix, the learning team has become a great help for students to achieve their academic success.

Myself as an alumnus of the university, I have had much experience with working within the team model. Luckily, my experiences have been pleasurable; however, some others I have spoken with have not had the same experiences. The main problem they faced was how to manage conflict resolution effectively when problems among the team arose and, they could not agree upon an out come.

Some conflicts that can arise among team members are disagreements over appropriate steps to complete assignments or the lack of contribution or participation from individual team members.

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One team I know used mediation, which was very beneficial to their team.

I will now design an ADR clause I feel could be used to help the learning teams to minimize conflict.

The clause will state:

Each student will abide by the student code of conduct, which are outlined by the University of Phoenix.

Each student will complete their own assignments in a timely manner and will participate in the goal of achieving the team goals

The team charters and logs are forms used by the team to assist the students with what their expectations are during the course, each student will participate in the completion of both these forms, which will be a contract of the team.

Each team member will act ethically, respectful, and fair whenever a disagreement arises.

If a dispute arises, and the dispute cannot be settled through negotiation, the team will agree to try in good faith to settle the dispute by mediation. Mediation is a process where both parties agree to meet with a neutral party who listens to the parties explain their position. Using mediation is normally quicker and cheaper than using either an arbitrator or courtroom setting. The advantage of using mediation is that all documents and communications are to be kept confidential (Superior Court). During the mediation process, the mediator assists the parties to help reach a mutually acceptable solution.

Unlike lawsuits the mediator will not decide how the dispute is to be resolved, the parties will as the mediation process is a cooperative process where the parties work together toward a resolution that tries to address everyone's interest instead of only one parties interest.

Mediation often leads to communication between the parties and can help build them to have lasting resolutions especially when the parties have an on going relationship such as neighbors, partners, business's and learning teams. Mediation helps individuals realize how their personal feelings are affecting the resolution process. Mediation has an 80% success rate and helps to encourage creativity in the resolution process (Erickson).

Another option that could be implemented to resolve a dispute if the mediation process is unsuccessful is med-ard, which is a form of arbitration and would be used by the university instructor. An example med-ard clause could be that if a dispute related to the contract arises or a breach thereof, and if the dispute cannot be settled through direct discussions the parties will agree to first try to settle the said dispute by mediation administered by a neutral source, before resorting to arbitration. If the issue cannot be resolved, it would then move to arbitration where the University instructor would settle the conflict.

As you can see an alternative dispute, resolution clause can be very useful when dealing with disagreements among the learning teams. If administered correctly they can be useful aides in keeping orderliness, can defuse conflict, and will help maintain a positive working relationship within the team.

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References

Superior Court - Alternative Dispute Resolution 2007. Retrieved August 16, 2009

Erickson - Erickson D.L Two alternatives to Litigation 2009. Retrieved August 16, 2009 from Proquest database