Running head: ALTERNATIVE DISPUTE RESOLUTION

Alternative Dispute Resolution Richard C. Parrish Law/531 Business Law April 4, 2011 Philip Mc Caleb

ALTERNATIVE DISPUTE RESOLUTION Alternative Dispute Resolution According to Cheeseman (2010) The use of court system to resolve business and other disputes can take years and cost thousands, or even millions, of dollars in legal fees and expense, (p. 43). He suggests that an Alternative Dispute Resolution (ADR) is a cost effective alternative means used by business and organizations to resolve disputes between its parties/stakeholders. Based on course content, and using the University of Phoenix policies and procedures for its Learning Team Charter as a guideline, this paper will attempt to draft a relevant and applicable ADR clause. Conciliation and Negotiation are the two examples that this paper will use as the foundation of arbitration to resolve disagreements between Learning Team Members. This paper will further outline all information necessary to define the disputes subject to ADR, provisions necessary for the ADR to occur, and provide all information needed for the ADR process to work. Cheesman (2010) defines conciliation as a person who has interest and settles dispute between parties. During a dispute between parties, the Conciliator will schedule a meeting between parties that do not want to meet face to facethe parties can make offers and counter

offers, but the Conciliator does not make decision of awards, (p. 45). This is advantageous for the Team Leader who can remain a neutral third-party and not be perceived as a threat to the other Team Members (Cheesman, 2010). Defined Deputes Subject to ADR and Necessary Provisions In the event of a dispute, the following clause would go into effect: The Learning Team Leader would assume the role of the Conciliator within 48 hours. As outlined in University of Phoenix Learning Team Charter, during the first Team Meeting, roles of the team members shall be defined (i.e., log tracker/time keeper, team leader, assistant team leader, researcher, paper organizer). Once measurable outcomes (goals) are agreed upon by all team members, the team

ALTERNATIVE DISPUTE RESOLUTION leader will assign and distribute project tasks. All team members shall discuss/agreed to completing their individually assigned tasks during the first team meeting. In order to reduce risks

to all Learning Team members, all assigned tasks shall coincide with each Team Members ability at the time of assignment. Learning Team Members must address any and all concerns with their assigned task (i.e., he/she are given a task that exceeds their ability/experience) to the Learning Team Leader. Honest and open dialogue between the all Team Members is essential. All team members will be accountable for their assigned tasks. Congruent with a contingency plan implemented by the Team Leader, in the event that unforeseen circumstances do occur in a Team Members life, it is that individuals responsibility to notify the Team Leader or Assistant Team Leader within 24 hours. If dispute should arise (i.e., unequal/poor work performance by fellow Team Members, individual team members not meeting assignment time lines, life crisis, or conflict of interest, such as, family care, family illness, death, work obligation, planned vacations) negotiations solely between the parties involved, and the Learning Team Leader, shall take effect. All decisions made by the Team Leader are final and binding. Any further dispute between any parties of the Learning Team should be addressed during the final feedback session at the end of all Projects. Relevant Information Needed for the ADR process to Work/Summary According to Koolwijk, (2006) Leave no questions about the process unanswered sharing all risks will form strong alliance between parties when disputes arise between parties, (p. 44). Koolwijk, (2006) infers that Open communications, supporting policies, systems, and practices are needed to stimulate and maintain collaboration, (p. 44). The lesson learned for resolving Team disputes from Koolwijk are twofold: (a) the team leader has to set the pace during the initial meeting by incorporating the ground rules for conduct and accountability, (b) Her/she

ALTERNATIVE DISPUTE RESOLUTION

has to achieve buy off from all the stake holders involved in the project, so if disputes should arise, the negotiations between all parties can meet resolved in a timely and cost effective manner.