Assignment 1: ADR Clause For Learning Team
ADR Clause for Learning Team Charter
Kimberly Lincoln, Adrian Torres, Amy Sorney, Victor Lewis
ETH/321
April 20, 2015
Timothy Morris
ADR Clause for Learning Team Charter
While courts provide an essential service to our society, there are times when taking an issue before a court is not the best option. Litigation can be costly and time consuming; which is why Alternative Dispute Resolution (ADR) has become a valued form of handling legal matters, as it can help resolve a case more quickly and economically (Alford & Kaufman, 1999). Understanding ADR involves recognizing its purpose, looking to see how it can be applied in a situation, and supporting and understanding the provisions for which an ADR can effectively take place.
Various …show more content…
Mediators do not give a final verdict on the case, but only serve as a resource of understanding between both parties. In the case that there is not an agreement, the parties can look to other avenues to resolve the legal issue, whether that be another ADR option, or court. In the same manner, Arbitration also uses a third party to handle disputes. When each party agrees to arbitration, usually an expert in the field is called to facilitate the process. Their responsibility is to listen to what each side has to present, and based on the evidence and information, provide a verdict for the case. Some of these cases can be binding meaning that a decision made by the arbitrator is final. In any other instances, if the case is not binding, then either party has the right to go to court if the verdict is not satisfactory (Arbitration and mediation, n.d.). Sometimes I hybrid version of these two processes, known as Med-Arb, may be the best approach. At the beginning of the process a mediator is established, but if an agreement cannot be reached through mediation, then the mediator takes position as an arbitrator and imposes a binding decision for …show more content…
The ADR Clause that has been presented for our Learning Team Charter illustrates how having an ADR can provide an efficient procedure for handling controversies that may arise when a team member decides to neglect proper responsibilities and participation with the group. When the provisions set forth are followed correctly, it can save the group time and stress, and allow a positive outcome for all of those
Kimberly Lincoln, Adrian Torres, Amy Sorney, Victor Lewis
ETH/321
April 20, 2015
Timothy Morris
ADR Clause for Learning Team Charter
While courts provide an essential service to our society, there are times when taking an issue before a court is not the best option. Litigation can be costly and time consuming; which is why Alternative Dispute Resolution (ADR) has become a valued form of handling legal matters, as it can help resolve a case more quickly and economically (Alford & Kaufman, 1999). Understanding ADR involves recognizing its purpose, looking to see how it can be applied in a situation, and supporting and understanding the provisions for which an ADR can effectively take place.
Various …show more content…
Mediators do not give a final verdict on the case, but only serve as a resource of understanding between both parties. In the case that there is not an agreement, the parties can look to other avenues to resolve the legal issue, whether that be another ADR option, or court. In the same manner, Arbitration also uses a third party to handle disputes. When each party agrees to arbitration, usually an expert in the field is called to facilitate the process. Their responsibility is to listen to what each side has to present, and based on the evidence and information, provide a verdict for the case. Some of these cases can be binding meaning that a decision made by the arbitrator is final. In any other instances, if the case is not binding, then either party has the right to go to court if the verdict is not satisfactory (Arbitration and mediation, n.d.). Sometimes I hybrid version of these two processes, known as Med-Arb, may be the best approach. At the beginning of the process a mediator is established, but if an agreement cannot be reached through mediation, then the mediator takes position as an arbitrator and imposes a binding decision for …show more content…
The ADR Clause that has been presented for our Learning Team Charter illustrates how having an ADR can provide an efficient procedure for handling controversies that may arise when a team member decides to neglect proper responsibilities and participation with the group. When the provisions set forth are followed correctly, it can save the group time and stress, and allow a positive outcome for all of those