...Alternative Dispute Resolutions: Arbitration Clause Saundra Stewart Kaplan University LS311-01: Business Law 1 Professor James Starcher May 1, 2012 Disputes, disagreements, differing opinions, and arguments, what do they all have in common? They all involve two persons or groups that have different ideas that are in conflict with the other. When these differences arise we as a civilized society usually are able to work out some solution that may work to the benefit of both parties. This process of resolving these conflicts is called Dispute Resolution. There are three basic categories of Dispute Resolution that are often used: 1) Negotiation; 2) Mediation; And 3) Arbitration. Negotiation is the process where the two parties will sit down with each other and usually reach an amiable agreement to resolve the differences. Mediation occurs when both parties agree to sit down with a 3rd party that is neutral. The main purpose of the 3rd party is to emphasize the commonalities that the parties have. Mediation is also less adversarial than the court room. The 3rd party can make a proposal but that proposal is not binding on either party. Arbitration is perhaps the most formal of the Alternative Dispute Resolutions that is used. In this method both parties will present their case to either and individual or panel of experts who will then make a decision and impose that decision on both parties. This is called Binding Arbitration. Not all Arbitration is binding but that is a matter...
Words: 1507 - Pages: 7
...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)...
Words: 317 - Pages: 2
...months and sometimes even years, as a result, it is now commonplace to use Alternative Dispute Resolution (ADR) to resolve these disputes. More agreements often contain mandatory arbitration provisions that are legally binding and enforceable. In addition, almost every court or administrative agency empowered to hear cases now requires mediation as part of the formal adjudication process (Spangler, 2003). Abstract: Arbitration plays a crucial role in commercial procurement. Ideally, solid contractual agreements would alleviate disputes between parties. In most cases, disputes result from the terms of the contract rather than the actual contract itself. Arbitration offers dispute resolution that eliminates the need for costly litigation and time-consuming disputes in the courtroom. This paper considers the role of arbitration in contracted procurement. Additionally, it considers alternative dispute resolution (ADR) as a whole as arbitration is a subset of ADR and will discuss their relative advantages and disadvantages in comparison with traditional litigation. The aged concept of arbitration has recently begun to reach tremendous levels of popularity in the acquisition realm. Dictionary.com defines arbitration as, “the hearing and determining of a dispute or the settling of differences between parties by a person or persons chosen or agreed to by them”. Solving disputes through arbitration is by no means a modern concept. The first modern...
Words: 2406 - Pages: 10
...Alternative Dispute Resolution Learning Team A ETH/321 23rd February, 2015 Charles Hughes Alternative Dispute Resolution There are many different methods of dispute resolution; some more drastic than others. Alternative Dispute Resolution or ADR is a less invasive way of dispute resolution, compared to going to court. It involves the use of third parties, who are impartial to the situation, in order to resolve a dispute, whether it be between two individuals or businesses (Melvin, 2011). ADR can be used in a variety of settings including the online learning experience. Mediation, a form of ADR, can be particularly effective when two or more members, of an online learning team, cannot find a solution to a dispute on their own. Not all types of ADR work in all situations so there are various forms of ADR, in existence. The main forms include early neutral evaluation, negotiation, conciliation, arbitration, and mediation. In early neutral evaluation direct communication is encouraged between the disputing parties. It is over seen by a neutral industry expert who is a part of the American Arbitration Association (AAA). Each party presents their claim and the evidence they have in accordance with it. There are no cross examinations and nothing discussed or presented is recorded. At the end, the AAA expert produces a written evaluation, within two weeks, and if all parties agree to it they can begin settlement. If not, other forms of dispute resolution must take place. Early...
Words: 1300 - Pages: 6
...Running Header: Alternative Dispute Resolution Alternative Dispute Resolution Alternative Dispute Resolution (ADR) offers parties alternative means of resolving their differences outside actual courtroom litigation and the costly aspects of preparation for it (Jennings, 2006). When speaking of alternative dispute resolution in a team environment, there will always be slight disagreements that may arise. Alternative Dispute Resolution is enabled when the disagreements are not settled within a day or so. Such disputes should be settled by peer review and or mediation. All team members have to agree to participate in the ADR and they will not be forced to participate. Participation, turning in assignments on time, group attendance, learning team goals, conflict management, and ground rules are usually established at the beginning of a class by the team. If disputes arise in a group they should be addressed within the team and if no solution, the instructor, who becomes the mediator, is needed. The mediator is only there to keep order within the team and to assist with the team coming to an agreement. Once the problem arises, the mediator will then speak with each team member to obtain his or her position. The mediator will only listen and not provide his or her opinion during this mediation. He or she is there to help the team agree on a solution. When the group in the mediation process does not meet a solution, I would suggest the peer review...
Words: 389 - Pages: 2
...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...
Words: 373 - Pages: 2
...Law/531 Business Law November 15, 2010 Ken Rhymes, J.D. Alternative Dispute Resolution Alternative Dispute Resolution means a resolving difference that keep parties from involving the courts and proceeding throughout the litigation process. According to Cheeseman (2010) alternative dispute resolution includes negotiation, mediation, conciliation, mini-trial, fact-finding, arbitration and using a judicial referee. In the case of resolving disputes that arise in a learning team, mediation would be the most appropriate form of alternative dispute resolution. Effectively to realize when mediation is necessary during a learning team dispute, the learning team should first establish a charter that outlines guidelines the group agrees upon. These guidelines include the goal of the group, ground rules for working together, and conflict management. The ground rules establish the means by which members agree to work together, communication methods and timelines and additional means of ensuring respect and commitment to the learning team projects. Conflict management outlines the possible disputes that may arise and methods for obtaining resolution. Examples include team members who miss team discussions, disagreements on how to divide the workload and those who do not complete individual portions of assignments timely or other disputes that hinder the team from achieving its goals and completing assignments. Determining whether a conflict is suitable for ADR, the team...
Words: 515 - Pages: 3
...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...
Words: 283 - Pages: 2
...Alternative Dispute Resolution (ADR) Eric J. Cortes Cintrón University Of Phoenix LAW/531PR January 9, 2013 Prof. Paul Vilaró Nelms, Esq, CPA Alternative Dispute Resolution (ADR) The use of the court system to resolve business and other conflicts can take years and cost thousands, or even millions, of dollars in expenses and legal fees. To reduce these problems, businesses are increasingly turning to methods like Alternative Dispute Resolution (ADR) (Cheeseman, 2010). ADR typically refers to methods and processes of resolving disagreements or disputes that fall outside the judicial process or formal litigation at court. According to Cheeseman (2010): “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.” Our Learning Team will use arbitration. In arbitration, the team members choose an impartial third party to hear and decide the dispute. The arbitrator is the neutral party. In our class will be an academic advisor. Learning team agreements often contain arbitration clauses that require disputes arising out of the agreements to be to arbitration. The disputes subject to ADR are late submissions, team involvement, establishing and following guidelines that includes adhere to the goals and responsibilities’...
Words: 408 - Pages: 2
...Alternative Dispute Resolution Sebrena Brown Law/531 March 07, 2011 Phillip Quintana, JD Alternative dispute resolution (ADR ) refers to those methods that are applied to resolve disputes without having to go through the court process . It is favored by litigants seeking expedited results at cheaper cost . Depending on the agreement , the rulings or judgments that arise out of these alternative methods can either be binding or non binding on the parties involved . Using mediation and arbitration to resolve disputes , it is important that the parties to the process understand how the methods are applied in reaching a solution . In arbitration , the parties engage a neutral third party to hear and decide their dispute based on the material facts of the case . In mediation , the parties will again involve a neutral third party who will listen to the arguments from both sides and attempt to help them come to a mutually acceptable conclusion . The aspect of the decision being binding or not should be decided before the case is determined . The clause outlined below will apply to cases being resolved through arbitration and mediation . The parties to the dispute should arrive at a decision to adopt the above methods prior to filing their cases in a court of law or if during the continuance of their case ask leave of the court to temporarily withdraw the case to see if it can be determined by ADR . All pertinent information to the dispute...
Words: 583 - Pages: 3
...Alternative Dispute Resolution Jorge E. Martín-González University of Phoenix Business Law, LAW/531PR July 07, 2010 Lcda. Lirio Bernal Sanchez Alternative Dispute Resolution ADR is a document known for creating a set resolution to a dispute within a group of people. Used commonly within business negotiations to save time and money (Pearson Education, Inc., 2010); we will apply the principles of ADR to our Learning Team Group. ADR Proposal Disputes For this proposal we will focus on one type of dispute: The dispute between two people within our Learning Team. We will focus on this argument so that we can structure our proposal and amend our Team Charter. Three Step Process The first step to solving our disputes will be through negotiation. The dispute being between two people in our group, the first step will be: Negotiate before the next group meeting. If the dispute is still unresolved then we will move to the next step. The second step will combine negotiation and mediation. We will: Rely on the team leader to be the mediator for the dispute between the two team members, so that they can negotiate their dispute. If the team leader is one with the dispute, then we will rely on the next appointed leader to mediate the situation. If there is no progress with the dispute, the third step will follow. The third and final step is through mediation or arbitration. This step dictates that: The leader of the group will take the dispute to...
Words: 547 - Pages: 3
...Alternative Dispute Resolution The Employer’s Secret Quola-Kito Davis University of Phoenix Abstract This paper will explore the legal description of Grocer’s Supply Incorporated. It will explore how the case of Quola-Kito Davis v. Grocer’s Supply Incorporated & Mitsubishi Forklift case was processed through the court system and detail the method of Alternative Dispute Resolution (ADR) which was used, as opposed to litigation that may have occurred. In conclusion, it will survey the differences in expenditures and advantages of traditional litigation as compared to Alternative Dispute Resolution in this specific case. Alternative Dispute Resolution The Employer’s Secret Alternative Dispute Resolution is any processes of resolving issues without the use of traditional litigation. It involves negotiation, mediation, and arbitration. As courts begin to become backlogged coupled with the increasing expenses associated with litigations more companies have begun implementing ADR agreements. Some ADR agreements are voluntary while others are mandatorily written into contracts and employment agreements. Alternative dispute resolution (ADR) is a method which aids companies and/or individuals settle disputes without having to utilize traditional litigation. The ADR procedures are inclusive of arbitration, mediation, and unbiased assessment utilizing the law concerning those matters issues. ADR are less formal and less taxing; in addition, they are confidential unless...
Words: 605 - Pages: 3
...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...
Words: 799 - Pages: 4
...I was looking for related articles to Alternative Dispute Resolution (ADR) and ran across a Business Insurance article predicting dispute resolution issues that Congress may face (article written on 11/3/08, just before the election). Dispute resolution reaches the highest levels of our government. The author was unsure of the final composition of Congress after the election. However, the author indicates that it is a safe bet that the assault on binding arbitration agreements that began in 2007 and early 2008 will continue. In fact, it will likely gain strength. And as for the general public, the author suggests that is not a good thing. Arbitration and other forms of alternative dispute resolution provide a valuable alternative to costly and time-consuming litigation. Without alternative dispute resolutions, even the most routine cases may end up slowing a legal system that is already stretched thin in some places. If there is not a major turn in the political projections, the next Congress will have more Democrats than the old Congress. Combine that with the possibility of an executive branch considerably less favorably disposed to tort reform than the current administration, and arbitration is likely to be in the legislative cross hairs. A sobering thought. Proponents of binding arbitration need to work on and improve their positions and arguments. This legislative battle appears to be certain. The author suggests that it is not inevitable that pro-arbitration...
Words: 312 - Pages: 2
...Running Head: ALTERNATIVE DISPUTE RESOLUTION Alternative Dispute Resolution [Name of the Writer] [Name of the Institution] Table of Contents Introduction 1 Discussion 1 Strengths and weaknesses of the workings of my group 4 Strengths 4 Weaknesses 4 Strengths and weaknesses of my presentation 5 Strengths 5 Weaknesses 5 Overcoming weaknesses 6 Learning about team work and oral presentation skills 6 Conclusion 7 Alternative Dispute Resolution Introduction ADR is a general name that has given to a wide range of procedures that are present for the parties in civil cases to solve their conflicts or disputes before a trial has conducted (Anonymous, 2001, p. 2). There are a lot of ADR concepts like meditation, negotiation/conciliation and arbitration. They are rarely interchangeable. A lot of misconceptions and disputes arises that needs to get solved quickly (Anonymous, 2003, pp. 55-56). Some time it has sorted out without any legal contracts, but sometimes a formal contract is necessary. Discussion As, told in the introduction that Alternative dispute resolution consists of some concepts. Now let’s take a look on them one by one. Arbitration is a process where single, or many independent arbiters invite parties to show arguments and facts. This showed a decision on the basis of equity or law. It is a B2C transaction i.e. business to consumers (Anonymous, 2003, pp. 55-56). Meditation is another concept...
Words: 1632 - Pages: 7
