Alternative Dispute Resolution

Essay by ramosmiltonUniversity, Master'sA, May 2010

download word file, 2 pages 0.0

Alternative Dispute � PAGE \* Arabic �1�

Running Head: Alternative Dispute Resolution

Alternative Dispute Resolution

Milton Ramos

University of Phoenix

LAW 531 Business Law

Group: PA10MBA02

Instructor: Michael Tancredi

May 20, 2010

Workshop 1, Assignment 1

Teams use alternative dispute resolution methods (ADR) to solve disputes that disrupt the progress, harmony, and disruptive disagreements between team members. ADR methods are faster, less costly and less disruptive to the teams and organizations.

ADR methods include negotiation which both disputing parties agree to settle the differences by making offers and counter offers to reach an agreement on their own, after an agreement is reached a contract is drafted and both parties agree to perform according to the contract.

Arbitration is when both parties agree on a third party to hear the dispute, the disputing parties must follow a specific set of guidelines and procedures, the arbitrator awards the findings and if the disputing parties are bound to the findings the decisions are final..

Mediation is a negotiation process in which a third party is used to facilitate the dispute, listen to both parties and recommend alternative solutions, leaving the final decision to the disputing parties.

Conciliation requires that an interested third party facilitate the dispute resolution by transferring information to settle the dispute.

Mini-trials are substitutes for court trials in which lawyers present the case of each party. Fact-finding involves a third party to search for evidence, recommend solutions and present the findings to the disputing parties.

Judicial referee requires that a court appoints a referee if previously agreed by both parties. A disputing referee has the authority to settle the dispute and both parties have the opportunity for appeal.

University of Phoenix uses learning teams to help students learn how to deal with team conflict, personality differences and diversity, tools that...