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All attempts will need to be made before approaching the professor to act as an arbiter for the case. However once the professor is involved in the case, there can be no contesting the decision and the decision will be considered to be final.
Negotiation is where the parties will work together to resolve an issue or dispute which might arise from the learning team meetings or the team work efforts, among themselves. The negotiation can be set out by means of a written request to bring out the issue of the dispute, controversy or the claim and the solution suggested or requested. There is a faith of goodwill that ensures that the parties will abide by the proceedings and the settlement that is got from the negotiated proceedings. In case any of the parties is not satisfied by the result of the negotiation, then the professor will be introduced to perform arbitration.
Mediation will be conducted when the issue is between two members of the team. Here the two members will choose one person as the mediator and this individual will be responsible to make the decision for the dispute (Nolan-Haley, 2008). Here the two parties and the mediator will meet to discuss the issue and the possible solutions. The mediator will be a third party with no common interest in the matter. The mediator will have to make the decision for the issue. This can be contested and again the professor will be brought in for arbitration.
Arbitration will be conducted by the professor, in the case where the negotiation and mediation do not provide satisfactory results. Here the professor will meet both parties and will need each of them to provide in writing the dispute and the solution that has been got from the previous proceedings (i.e. mediation or negotiation) (Ware, 2007). Once this is got the two parties and the professor will meet and a discussion will proceed where the two parties will state their views
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The term can also refer to everything that is facilitated by negotiations directly in order to resolve the issues between the disputants rather than encouraging legal processes or arbitration systems. It basically comprises of three categories; negotiation, mediation or arbitration system.
Alternative Dispute Resolution (ADR) is a general term used to describe different methods employed to resolve arising disputes instead of filling for litigation.1 The fundamental principle of ADR is that disagreeing parties should always try to avoid litigation when possible.ADR when applied to internal business, aims to resolve disputed expeditiously and fairly by limiting the process within the business managers together with their legal advisers and avoiding litigating lawyers, judges as well as courts.
The situation gets even more critical when the parties involved are international. This problem of the modern day requires a modified approach. For which the construction industry has resorted to Alternative Dispute Resolution (ADR) Techniques. ADR is a new approach which was brought forward in 1980-1990s.
Alternative Dispute Resolution is a general term for the manner in which parties can resolve disputes, devoid of or through the aid of a third party. In spite of the previous opposition to Alternative Dispute Resolution by a large number of parties and their advocates, it has attained extensive acceptance among both the legal profession and the general public in recent times (Ury, 2000).
occur between individuals in the same group (intragroup conflict) or can arise amongst individuals of 2 or more groups, leading to interpersonal discord, violence as well as psychological tension called intergroup conflict(Baack,2012).
A conflict often follows a certain course.
red the conflict of legal rules to concern only the private law and only a particular public law would be concerned as mandatory within the dispute with within a private law. Consequently, the wide acceptance is lack of conflict of laws between private and public laws of
Alternative dispute resolutions provide a fast and cost efficient method of solving disagreements (Twomey and Jennings 25).
Arbitration is the use of outside arbitrator(s) chosen by the concerned parties to solve the cases. The concerned parties each