Adr - business law

Alternate Dispute Resolution

University of Phoenix
Management/LAW 531
May 10, 2010

Alternative Dispute Resolution
In this essay, the student will be defining what an Alternative DisputeResolution, or ADR is and how this ADR will be used by Learning Team A to be successful. Next, an explanation of ADR along with the different types of ADRs will be presented.
Definition of ADRAlternative Dispute Resolution is defined as “any method other than litigation for resolution of disputes" Alternative Dispute Resolution (2002). Businesses, to avoid high legal fees, use this alternatemethod to resolve disputes. There are different forms of ADR; negotiation, mediation, conciliation, mini-trial, fact-finding, and using a judicial referee. The Learning Team A selected negotiationand mediation as the alternative dispute resolution methods to resolve disagreements among team members. Following, the student will explain in detail how and when these ADRs will be used on theLearning Team.
Application of ADR in Team Charter
Negotiation “is a procedure whereby the parties to a dispute engage in negotiations to try to reach a voluntary settlement of their dispute.Negotiation may take place either before a lawsuit is filed, after a lawsuit is filed, or before other forms of alternative dispute resolution are engaged in” Cheeseman, H.R. (2010a, p. 44).
In case thereare issues that result in a deviation from the Learning Team Charter ground rules, to resolve the situation, an ADR will be initiated. If the negotiation resolves the situation, a settlement agreementwill be documented in the Learning Team Log. “A settlement agreement is an agreement that is voluntarily entered into by the parties to a dispute that settles the dispute. Each side must sign thesettlement agreement for it to be effective.” Cheeseman, H.R. (2010b, p. 44). If no agreement has been reached by the method of negotiation, the ADR of mediation needs to take place. “Mediation is a...