ADR Paper
Alternative Dispute Resolution
Learning Team A
ETH/321
23rd February, 2015
Charles Hughes
Alternative Dispute Resolution There are many different methods of dispute resolution; some more drastic than others. Alternative Dispute Resolution or ADR is a less invasive way of dispute resolution, compared to going to court. It involves the use of third parties, who are impartial to the situation, in order to resolve a dispute, whether it be between two individuals or businesses (Melvin, 2011). ADR can be used in a variety of settings including the online learning experience. Mediation, a form of ADR, can be particularly effective when two or more members, of an online learning team, cannot find a solution to a dispute on their own. Not all types of ADR work in all situations so there are various forms of ADR, in existence. The main forms include early neutral evaluation, negotiation, conciliation, arbitration, and mediation. In early neutral evaluation direct communication is encouraged between the disputing parties. It is over seen by a neutral industry expert who is a part of the American Arbitration Association (AAA). Each party presents their claim and the evidence they have in accordance with it. There are no cross examinations and nothing discussed or presented is recorded. At the end, the AAA expert produces a written evaluation, within two weeks, and if all parties agree to it they can begin settlement. If not, other forms of dispute resolution must take place. Early neutral evaluation is informal and confidential (American Arbitration Association, 2015). Although, in early neutral evaluation a third party is used negotiation takes on a different method of ADR. In this case the two disputing parties come together in order to reach an agreement without involving an outside party. Negotiation is also informal, but a solicitor can be used as a third party if requested by both sides. Negotiation is usually the first step to resolving a dispute. If
Learning Team A
ETH/321
23rd February, 2015
Charles Hughes
Alternative Dispute Resolution There are many different methods of dispute resolution; some more drastic than others. Alternative Dispute Resolution or ADR is a less invasive way of dispute resolution, compared to going to court. It involves the use of third parties, who are impartial to the situation, in order to resolve a dispute, whether it be between two individuals or businesses (Melvin, 2011). ADR can be used in a variety of settings including the online learning experience. Mediation, a form of ADR, can be particularly effective when two or more members, of an online learning team, cannot find a solution to a dispute on their own. Not all types of ADR work in all situations so there are various forms of ADR, in existence. The main forms include early neutral evaluation, negotiation, conciliation, arbitration, and mediation. In early neutral evaluation direct communication is encouraged between the disputing parties. It is over seen by a neutral industry expert who is a part of the American Arbitration Association (AAA). Each party presents their claim and the evidence they have in accordance with it. There are no cross examinations and nothing discussed or presented is recorded. At the end, the AAA expert produces a written evaluation, within two weeks, and if all parties agree to it they can begin settlement. If not, other forms of dispute resolution must take place. Early neutral evaluation is informal and confidential (American Arbitration Association, 2015). Although, in early neutral evaluation a third party is used negotiation takes on a different method of ADR. In this case the two disputing parties come together in order to reach an agreement without involving an outside party. Negotiation is also informal, but a solicitor can be used as a third party if requested by both sides. Negotiation is usually the first step to resolving a dispute. If
References: American Arbitration Association. (2015). Retrieved from https://www.adr.org/aaa/faces/services/disputeavoidanceservices/earlyneutralevaluation;jsessionid=V1WLJnQV1ZpRNGMP9bGnjjLSWzQjLpmPdyv3zVTPYNyJn2x2J4Vd!2040035075?_afrWindowId=null&_afr&_afrLoop=1805768556837466&_afrWindowMode=0#%40%3F_afrWindowId%3Dnull%26_afrLoop%3D1805768556837466%26_afr%3D%26_afrWindowMode%3D0%26_adf.ctrl-state%3Dtuvcpkpvr_4 Dispute Resolution. (n.d.). Retrieved from http://www.dispute-resolution- hamburg.com/conciliation/what-is-conciliation/ The Law Society of N.S.W. (2009). Retrieved from https://www.lawsociety.com.au/community/disputesandmediation/ADR/index.htm Melvin, S. P. (2011). The Legal Environment of Business. A Managerial Approach: Theory to Practice. Retrieved from The University of Phoenix eBook Collection database.