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Alternative Dispute Resolution( ADR)Clause - Assignment Example

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In the case where any one of the parties feels that the problem is of an individualistic nature then it will be imperative to start a negotiation among…
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Alternative Dispute Resolution( ADR)Clause
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Alternative Dispute Resolution( ADR)Clause

Download file to see previous pages... 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 ...Download file to see next pagesRead More
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