Alternative Dispute Resolution
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Alternative Dispute Resolution
LAW/531 PR – Human Capital Management in Puerto Rico
University of Phoenix
May 22, 2012
Alternative Dispute Resolution
Learning Teams (LT) are constantly changing, some members leave and new members are welcomed. Thus far my learning team has characterized itself by working collectively in completing each assigned task. The members are driven and conflict has been if any at barely minimum and easy to resolve. Notwithstanding, just like taxes, conflict is inevitable. To help solve conflict the learning team will develop a charter to help resolve disagreement among team members. To achieve the objective the learning team will use the methods of Alternative Dispute Resolution (ADR). ADR is a process that uses alternative methods to solve disputes rather than litigation (Cheeseman, 2010, p. 43). The court system is backlogged with many cases at ligation to save time, money, and life disruptions business are turning to ADR. “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, p. 43).
According to Cheesemen (2010) Negotiation is the easiest form of ADR. It is the process by which parties engage in a negation to try to reach a voluntary solution. Arbitration, is where a neutral third party is chosen by the disputant parties to hear and decide on the dispute. This neutral party is called an arbitrator. Mediation is another form of ADR in where a neutral third party assists the disputant parties to reach a mutual agreeable settlement or the so called win-win solutions. However, unlike an arbitrator, a mediator does not make a decision or an award. A mediator is a conduit to help the parties themselves reaching a mutually agreeable solution/settlement.
In Conciliation an interested party, known as Conciliator, assist the parties try to reach a resolution of their dispute....
LAW/531 PR – Human Capital Management in Puerto Rico
University of Phoenix
May 22, 2012
Alternative Dispute Resolution
Learning Teams (LT) are constantly changing, some members leave and new members are welcomed. Thus far my learning team has characterized itself by working collectively in completing each assigned task. The members are driven and conflict has been if any at barely minimum and easy to resolve. Notwithstanding, just like taxes, conflict is inevitable. To help solve conflict the learning team will develop a charter to help resolve disagreement among team members. To achieve the objective the learning team will use the methods of Alternative Dispute Resolution (ADR). ADR is a process that uses alternative methods to solve disputes rather than litigation (Cheeseman, 2010, p. 43). The court system is backlogged with many cases at ligation to save time, money, and life disruptions business are turning to ADR. “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, p. 43).
According to Cheesemen (2010) Negotiation is the easiest form of ADR. It is the process by which parties engage in a negation to try to reach a voluntary solution. Arbitration, is where a neutral third party is chosen by the disputant parties to hear and decide on the dispute. This neutral party is called an arbitrator. Mediation is another form of ADR in where a neutral third party assists the disputant parties to reach a mutual agreeable settlement or the so called win-win solutions. However, unlike an arbitrator, a mediator does not make a decision or an award. A mediator is a conduit to help the parties themselves reaching a mutually agreeable solution/settlement.
In Conciliation an interested party, known as Conciliator, assist the parties try to reach a resolution of their dispute....