Alternative Dispute Resolution

Alternative Dispute Resolution

Alternative Dispute Resolution means a resolving difference that keep parties from involving the courts and proceeding throughout the litigation process. According to Cheeseman (2010) alternative dispute resolution includes negotiation, mediation, conciliation, mini-trial, fact-finding, arbitration and using a judicial referee. In the case of resolving disputes that arise in a learning team, mediation would be the most appropriate form of alternative dispute resolution.

Effectively to realize when mediation is necessary during a learning team dispute, the learning team should first establish a charter that outlines guidelines the group agrees upon. These guidelines include the goal of the group, ground rules for working together, and conflict management. The ground rules establish the means by which members agree to work together, communication methods and timelines and additional means of ensuring respect and commitment to the learning team projects. Conflict management outlines the possible disputes that may arise and methods for obtaining resolution. Examples include team members who miss team discussions, disagreements on how to divide the workload and those who do not complete individual portions of assignments timely or other disputes that hinder the team from achieving its goals and completing assignments. Determining whether a conflict is suitable for ADR, the team charter should include a broad statement to state disputes, which remove the team from efficiently, and effectively working together, meetings goals and producing quality work will have resolved by mediation. The team should select a mediator who is a neutral party to facilitate should the need arise.

Communication between parties during mediation may occur through written documentation via e-mail and chat rooms or by phone. Both parties must agree to the best form of communication based on time zones, work schedules, and inform the mediator. Any...