Alternative Dispute Resolution (ADR) for Learning Team
Henry C. Lloyd
Law/531 Business Law
November 19, 2009
Jason Phillabaum
Alternative Dispute Resolution
This clause will explain what Alternative Dispute Resolution (ADR) is and how it can help learning teams; it will also explain why Alternative Dispute Resolution is beneficial, and when ADR was developed; so we can use ADR with any learning team in any course?
Alternative Dispute Resolution (ADR) is simply a way to resolve dispute without going through traditional court proceedings. Going into a court of law can mean attorney fees and court cost that can become very expensive. In a study of 996 small claims cases that went to trial, only 32% resulted in the plaintiff receiving 100% of the amount claimed (Warner). Several ADR methods used by employers, unions, and teams include negotiation, mediation, and arbitration. Negotiation is about changing the status quo, for example, a seller wants a price increase, a union seeks a raise, a landlord a rent hike, a nation the territory of another nation. (Kheel). Anyone would qualify as a mediator; mediators do not need a law degree or a license to resolve dispute, but I would recommend using someone with integrity, unbiased, and with nothing to gain or loss in the ADR process. When going to arbitration both parties in the dispute must agree to use an arbitrator as the decision maker. Many union environments have such agreements and before employees are disciplined or terminated for misconduct he or she goes to arbitration. ADR was not born in the 21st century; ADR has been around for thousands of years. One example is Abraham negotiating with God about the destruction of Sodom and Gomorrah in the Bible (Genesis 18: 16-33).
How can we use ADR in our learning team for any course? Putting a clause in the team charter, such as: in the event that team members have tried to negotiate disputes, but cannot come to an agreement; a final ADR will be made...