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Adr Clause

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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 negotiation in which a neutral third party assists the disputing parties reaching a settlement of their dispute (Source: LAW/531 – Chapter3: Judicial, Alternative, and Online Dispute Resolution). Team members can opt to select a neutral member within the team not impacted by the dispute or third party to assist in reaching a solution.
Using Alternative Dispute Resolution (ADR)
Alternative

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