Alternative Dispute Resolution
LAW/531 PR ??“ Human Capital Management in Puerto Rico
University of Phoenix
May 22, 2012
Alternative Dispute Resolution
Learning Teams (LT) are constantly changing, some members leave and new members are welcomed. Thus far my learning team has characterized itself by working collectively in completing each assigned task. The members are driven and conflict has been if any at barely minimum and easy to resolve. Notwithstanding, just like taxes, conflict is inevitable. To help solve conflict the learning team will develop a charter to help resolve disagreement among team members. To achieve the objective the learning team will use the methods of Alternative Dispute Resolution (ADR). ADR is a process that uses alternative methods to solve disputes rather than litigation (Cheeseman, 2010, p. 43). The court system is backlogged with many cases at ligation to save time, money, and life disruptions business are turning to ADR. ???The most common form of ADR is arbitration. Other forms of ADR are negotiation, mediation, conciliation, mini-trial, fact-finding, and using a judicial referee??? (Cheeseman, 2010, p. 43 go to link).
According to Cheesemen (2010) Negotiation is the easiest form of ADR. It is the process by which parties engage in a negation to try to reach a voluntary solution. Arbitration, is where a neutral third party is chosen by the disputant parties to hear and decide on the dispute. This neutral party is called an arbitrator. Mediation is another form of ADR in where a neutral third party assists the disputant parties to reach a mutual agreeable settlement or the so called win-win solutions. However, unlike an arbitrator, a mediator does not make a decision or an award. A mediator is a conduit to help the parties themselves reaching a mutually agreeable solution/settlement.
In Conciliation an interested party, known as Conciliator, assist the parties try to reach a resolution of their dispute. Conciliation is more likely to be use when the parties do not want to see each other in an adversarial forum. The conciliator coordinates meetings, sets appointments, and goes back and forth between the parties with counteroffers. Like a mediator a conciliator cannot make a decision, decide on award nor can propose settlements, although some do.
A mini-trial is private proceeding in where each party gets to present a shorter version of their case. Each party is represented by legal counsel and a neutral party renders an opinion as to what could be the possible outcome. After both sides hear the strengths and weakness of their case they may result to resolution. Fact-finding, also uses a neutral third party but in this case the fact-finder act as an investigator. In addition to investigate, the fact-finder collects evidence, prepare supporting evidence, and prepare reports of investigation with findings. However he or she is not authorized to make a decision or an award. Judicial Referee are appointed by court, they act as a judge, therefore can render decisions.
As a team member, I would recommend the use of negotiation to help us achieve a mutually agreeable solution. Since negotiation is the simplest form of ADR and can be performed almost anywhere and through many means, such as face to face, e-mail, video conference, and phone it would be convenient and practical for the LT to address any issues in controversy. Also because it does not require third party, members to the dispute are empowered to find solutions to their problems. However, if for some reason negotiations are fruitless, the LT would pursue other methods of ADR like Mediation in where a neutral third party will help find solution to the problem.
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Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues, Seventh Edition, by Henry R. Cheeseman. Published by Prentice Hall.
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