Alternative Dispute Resolution

Introduction

Today, more than ever, people want a quicker and less expensive way to settle a dispute. An alternative to the formal legal process is Alternate Dispute Resolution. Alternate Dispute Resolutions are “a variety of processes that help parties resolve disputes without a trial.” (New York State Unified Court System, 2010)

Alternate Dispute Resolutions that could be used by a learning team include:

• Mediation

• Arbitration

• Peer Review

• Summary Jury

• Mediation arbitration

Peer Review and Mediation would be excellent ADRs in the team environment. Firstly, if the dispute was between just two team members, then the rest of the team could hear the dispute, and each person’s argument, and decide the outcome. All parties would have to agree that the teams decision is final. If it involved more than one person, or the team could not agree on a fair decision, then a mediator could be used. Either another team, or the instructor.

• Mediation – “is a way in which the parties involved can come to an amicable solution to their dispute through the use of a mediator.” (New York State Unified Court System, 2010)

• Arbitration – “is less formal than a trial and arguments are heard by an arbitrator. The arbitrator decides, after hearing all arguments, the outcome of the case.” (New York State Unified Court System, 2010)

• Peer Review – an internal review board in a company made up of employees and management. They hear the dispute and decide the outcome.

Conclusion

Jury trials are time consuming and expensive. People should avoid them at all cost. Of course not every case can be solved using an ADR, but if possible, this is always better, as it saves time, and money.

References

New York State Unified Court System. (2010). Alternate Dispute Resolution. Retrieved May 3, 2010, from New York State Unified Court System: http://www.nycourts.gov/ip/adr/What_Is_ADR.shtml

Introduction

Today, more than ever, people want a quicker and less...