ALTERNATIVE DISPUTE RESOLUTION
LEARNING TEAM CHARTER
January 11, 2009
LAW 531 BUSINESS LAW
INSTRUCTOR: LOU ALIBERTI, Esq., J.D. M.B.A.
(ADR) Page 1
Alternative Dispute Resolutions are frequently a necessity in any work environment
where two or more associates are involved in an endeavor or project. There are a
number of opportunities to support the need for alternative dispute resolutions that
do not require a lawyer or courts and are being more readily used in some larger
corporations. If a dispute can be handled without the expense of the legal system and
a conclusion can be drawn, this may be a highly accepted practice then it is even today.
There is the process of arbitration that can help parties come to a resolution and
generally requires lawyers and an arbitrator who will assist each side in trying to come
up with a suitable outcome, and is considered a preliminary step to litigation. There
are binding arbitration and nonbinding arbitration. If the arbitration is binding then
the decisions cannot be appealed any further. Nonbinding arbitration means that if
one or more of the parties is not satisfied with the outcome then the case may still be
litigated. Arbitration is more commonly like a trial where each party is allowed a
brief statement after which a discussion will take place to come up with a resolution.
Similarly related to arbitration is what may be the best situation and that is mediation.
mediation is inexpensive in comparison and helps each party express their concerns and
with the help of a mediator who is trained to...