Clause Assignment | Homework Help Websites
- Outline the various forms of an alternative dispute resolution (ADR).
- Develop an ADR clause that might be used by a Learning Team to resolve disagreements among members using one of the forms you discussed. This has to be an actual written clause.
- Identify all provisions and information necessary to enable the ADR to occur and function effectively. Answer all “what if” scenarios that address the need for quick resolution and possible alternate arbitrator.
The clause must be suitable for use by any Learning Team in any course of your program.
The clause must provide all information necessary to define which disputes are subject to an ADR
ADR Clause
Introduction…
Forms of ADR
Alternative Dispute Resolution (ADR) are methods of legal resolutions that settle unresolved issues out of a formal courtroom setting. There are seven forms of ADR: neutral evaluation, fact finding method, MED-ARB, negotiation, conciliation, mediation, arbitration (Gur Law firm, 2013). A typical first attempt at ADR is negotiation. Negotiation is an informal where only the parties involved communicate possible solutions to resolve the dispute. It is typical to imagine a scenario in which two individuals are trying to make a deal or compromise like you see in the famous television show Pawn Stars, but negotiations can involve more than two parties sometimes dozens. A major advantage of negotiation is it is very flexible; the parties involved do not have to schedule court dates or meet with lawyers at specific times they can configure the negotiations to meet the needs of all parties. A disadvantage of negotiations is that agreements are not always reached, and the issue remains unresolved; this is where an unbiased third party is useful.
Mediation
Mediation is another form of ADR that is very common; parties involved who cannot reach a settlement usually seek a neutral party, known as a mediator, to help them resolve the issues. Mediation is most commonly known during matters involving divorce. A mediator is not a final judge in the matter, but they help with the negotiations specifically where the parties were not collaborating or compromising. Sometimes during the negotiation process the parties involved can become too emotional and lose sight of the purpose of reaching an agreement. Having someone who does not benefit from the outcome is beneficial to bring the parties back on track.
