...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 in...
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...Learning Team Alternative Dispute Resolution (ADR) Clause Mariela Quinones LAW/531 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...
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...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 can...
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...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 the...
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...Alternative Dispute Resolution (ADR) Clause Cynthia Yvette Bevel LAW/531 August 9, 2010 Michael Carrozzo Abstract A Lawsuit through the court system to resolve disputes can result in a significant amount of time lost in addition to extensive litigation cost. Some businesses avoid costly litigation by opting to resolving disputes through Alternative Dispute Resolution (ADR) and other aids. When teams have disputes among members, an Alternative Dispute Resolution (ADR) Clause would be an effective tool in resolving conflict with minimal impact or disruption. The most common form of ADR is arbitration. However, other forms are negotiation and mediation. Arbitration Arbitration is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons, by whose decision they agree to be bound. When a dispute arises within a learning team, arbitration is used when the arbitrator is brought in to resolve a dispute. This usually resolves disputes in a timely fashion because the arbitrator renders a decision based on facts. Negotiation Negotiation is a procedure whereby the parties to a dispute engage in negotiations to try and reach a voluntary settlement of their dispute. (Source: LAW/531 – Chapter3: Judicial, Alternative, and Online Dispute Resolution). This is the simplest form of the ADR in which the teammates would negotiate before approaching any other forms. Mediation Mediation is a form of...
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...ADR can be a less adversarial and hostile way to resolve a dispute among the members of a learning team. This can be an important advantage where the members have a relationship to preserve. ADR can help them find win-win solutions and achieve their real goals. This, along with all of ADR’s other potential advantages, may increase everyone’s individual overall satisfaction with both the dispute resolution process and the outcome. Disagreements within the team that are subject to the ADR clause are: • Non-participation or absenteeism of a team member. • Not respecting team members to include diversity of the team. • Unethical behavior such as plagiarism. ADR Process All disputes that arise within the learning team that cannot be resolved 24 hours after the dispute will enable the ADR to occur. The dispute must be in reference to members’ disregard for the rules and regulations documented in the learning team charter. Personal conflicts that arise between team members will not initially be subjected to be resolved through ADR. However, in case when members’ personal conflicts within the learning team impacts and disables productivity and efficiency will facilitate the ADR process. There will be two ways of facilitating an ADR in the event of a dispute • Mediation - The have to participate in a mediated negotiation with the... Alternative Dispute Resolution (ADR) Clause for Learning Team can be used to solve personal conflicts...
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...Alternative Dispute ResolutionAlternative Dispute Resolution (ADR) is an increasingly popular option that allows people to resolve disputes outside of court in a cooperative manner. ADR can be faster, cheaper and less stressful than going to court. Most important, the use of ADR can provide greater satisfaction with the way disputes are resolved. The writer will discuss how ADR clause can be use in the learning team. The learning team is an effective tool used at the University of Phoenix to help students achieve academic success. The writer is an alumni student and has had much experience with working with students in the learning team environment. Some experiences have been quite satisfying and a few have been horrifying. The main dilemma in many of the learning teams was how to manage conflict resolution effectually amongst the members when problems could not be agreed upon. Such potential conflicts that might arise among or between team members were disagreements over the appropriate steps acquired to complete the assignment or lack of contribution and participation from individual team members. One type of alternative dispute resolution that was used in my prior learning teams was mediation which was very useful and another method is medarb which will be later discussed by the writer. The writer designed an ADR clause that can be used in any course. The clause states: Each student is to abide by the student code of conduct implemented by the University of Phoenix. Each...
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...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 (2010)...
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...Alternative Dispute Resolution Clause for Learning Team Charter Business Law; Law/531 July 5, 2010 An alternative dispute resolution (ADR) is used in resolving disputes among individuals. The most common form of ADR includes arbitration, negotiation, mediation, conciliation, mini-trial, fact-finding, and judicial referee (Cheeseman, 2010). In the learning team environment conflicts and disputes among team members have the potential to occur. Because disputes need to be resolved within a timely manner to avoid falling behind in deliverables, an ADR clause may be necessary to help resolve conflicts and disputes. The purpose of this paper is to prepare an ADR clause conducive to a learning team environment. The ADR clause, disputes subject to an ADR, and provisions necessary to enable an ADR will be identified. Unresolved conflicts and disputes in a learning team environment are subject to the alternative dispute resolution clause. Conflicts and disputes can include lack of participation, lack of preparing and submitting required deliverables on time, violations of academic integrity, and the code of conduct including plagiarism, whether intentional, or unintentional (University of Phoenix, website, 2010). Team members will first attempt to resolve conflicts and disputes as a cohesive unit through communication and negotiation; however if team members are unable to resolve issues within a 24-hour period, the ADR clause will be implemented, and proceedings will begin. Team...
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...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 through...
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...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...
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...ADR Clause 1 ADR Clause Ka’tetcia D. Simmons Law 531 Professor Shanrika Hall April 18, 2011 ADR Clause 2 ADR Clause Individuals with different backgrounds, beliefs, and of differing opinions are asked to come together and work toward a common goal. With all of the diversity within learning teams, conflicts do arise. Each member must remain professional and respectful. Therefore, it is imperative to engage in some form of Alternative Dispute Resolution to handle disagreements. This review will focus on the types of Alternative Dispute Resolution (ADR), its provisions, and process to resolve disagreements among team members. Alternative Dispute Resolution (ADR) is what most businesses use to avoid or reduce problems (Cheeseman, 2010) that disrupt normal business operations. The same approach can be for learning teams. Many forms according to Cheesman include negotiation, mediation, conciliation, arbitration, mini-trial, fact-finding, and using a judicial referee. It is likely that one or more forms are used in any one conflict. The severity of the disagreement is what determines the form or type of ADR that can be used. Some circumstances that would cause a dispute enabling ADR to occur include lack of communication regarding late assignments. Some team members may not be able to contribute as others based either on their time zones, schedules, or system issues. It is for these reasons that the team must be notified about what is happening...
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...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 course...
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...form of Alternative Dispute Resolution (ADR), ADR (Alternative Dispute Resolution) is a commonly used term for settling disputes by mutual agreement. ADR in its wider sense includes both arbitration (as an alternative to ordinary court proceedings) as well as mediation or conciliation of disputes (in all its variations). According to one English definition: “ADR is any method of resolving an issue susceptible to normal legal process by agreement rather than by imposed binding decision.” It is means to end disputes which provide parties to a controversy with a choice other than litigation. Conciliation/mediation undoubtedly constitutes the very oldest form of resolving disputes, whether in the form of direct negotiation between the parties themselves (mostly termed “conciliation”) or with the intervention of one or more third parties as mediators (then mostly termed “mediation”). Article 6 of Indonesian Law No. 30 of 1999 explained that, dispute or difference opinion of civil cases can be resolved by the parties through alternative dispute resolution based on good faith to the exclusion of the litigation settlement in the District Court. Resolution of dispute through alternative dispute resolution opinion referred to in paragraph is solved in a direct meeting by the party in the longest time 14 (fourteen) days and the results are set forth in a written agreement. In case of dispute or difference cannot be resolved, then based on a written agreement of the parties, dispute or difference...
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...Alternative Dispute Resolution Kevin L. Bailey Jr. Law 531 October 4, 2015 Susan Purvin Case Overview A recent Wisconsin state court ruling on employee/employer contract disputes set the precedent for future contract disputes and arbitration (Engel, 2012). The court decided that a wrongful termination lawsuit brought on by an executive employee of Merge Healthcare had merit even though a written employee contract had an arbitration clause for any legal disputes. W. Mortimore, the former chief executive officer of Merge Healthcare Inc., alleged wrongful termination and sought severance payments as well as benefits and payment for legal expenses incurred as part of the lawsuit. The company claimed that Mortimore resigned after an independent investigation into Merge’s financial statements proved fraudulent. In the lawsuit, Mortimore claimed that he was forced to resign or face termination; the firing was improper because Mortimore felt the allegations which led to his termination were unfounded (Engel, 2012). The main issue was Mortimore’s claim that an oral contract, which didn’t include any arbitration provisions should be held to the same standard as a written employment contract which did include a mandatory arbitration clause. The court’s decision pushed the issue back to arbitration stating its decision clarifies that if an employee challenges the legitimacy of a contract, the dispute must be arbitrated. Differences between cost and Benefits Court systems...
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