Sample Essay on:
ADR for a Learning Team Charter

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Essay / Research Paper Abstract

This 3 page paper looks at the use of alternative dispute resolution in a teamwork environment, and presents a potential cross which may be utilized in a charter, facilitating the use of alternative dispute resolution. The bibliography cites 2 sources.

Page Count:

3 pages (~225 words per page)

File: TS14_TEADRlearn.rtf

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Unformatted sample text from the term paper:

disputes may stimulate debate and be positive, but where there are disputes which cannot be resolved they have the potential to cause friction and fragmentation within the team. Where this takes place it may be assumed that the usual internal team based resolution processes have not been effective. In these situation the use of an alterative dispute resolution process will be beneficial, and as such the relevant clauses will need to be included in Learning Team Charter. There are three types of alternative dispute resolution (ADR) components; arbitration, conciliation and mediation (McDermott and Berkeley, 1996). Arbitration is a process that both parties to a dispute have to agree to take part in. The arbitrator or panel are independent and decide how best to resolve the dispute . Mediation and Conciliation are different as these are not an alterative adjudication as with the arbitration, but a form of assisted settlement. Here the third party, who is still independent will try to help the parties reach a resolution on which they can both accept and agree (Gleason, 1997). Both of these require an expert to help with the mediation or conciliation. However, mediation is suited to the more complex cases and a higher level of background information may be gathered. Therefore, it may be argued that the first approach should be one of mediation and conciliation and where this does not achieve the desired result arbitration may be a last resort. The ADR clause may look like this. * Where a dispute arises which cannot be settled within a period of 48 hours, or before this if all involved parties agree, all parties will agree to take part in a mediation process. The mediator will be an independent, neutral, party appointed from a list of pre approved individuals and will ...

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