ALTERNATIVE DISPUTE RESOLUTION

LEARNING TEAM CHARTER

Stephanie Bucy

January 11, 2009

LAW 531 BUSINESS LAW

INSTRUCTOR: LOU ALIBERTI, Esq., J.D. M.B.A.

(ADR) Page 1

Alternative Dispute Resolutions are frequently a necessity in any work environment

where two or more associates are involved in an endeavor or project. There are a

number of opportunities to support the need for alternative dispute resolutions that

do not require a lawyer or courts and are being more readily used in some larger

corporations. If a dispute can be handled without the expense of the legal system and

a conclusion can be drawn, this may be a highly accepted practice then it is even today.

There is the process of arbitration that can help parties come to a resolution and

generally requires lawyers and an arbitrator who will assist each side in trying to come

up with a suitable outcome, and is considered a preliminary step to litigation. There

are binding arbitration and nonbinding arbitration. If the arbitration is binding then

the decisions cannot be appealed any further. Nonbinding arbitration means that if

one or more of the parties is not satisfied with the outcome then the case may still be

litigated. Arbitration is more commonly like a trial where each party is allowed a
brief statement after which a discussion will take place to come up with a resolution.

Similarly related to arbitration is what may be the best situation and that is mediation.

mediation is inexpensive in comparison and helps each party express their concerns and

with the help of a mediator who is trained to get the parties to respond to one another

may subject themselves to a solution.

In the case of a team project that develops an expressed concern for intervention

the process of mediation is more than likely the best option. While making this

determination some steps should be taken to develop a plan for resolution.

(in) Page 2

In the case of a team dispute that challenges the benefits of excellent results,

there may be the need for mediation. In the case of this happening there

are several key points that should be considered to actually set up a process

to resolve these issues and concerns.

According to information retrieved from reading material by M.M. Jennings(2006)

Theses steps may include:

(1) Peer Review

(2) Mediation (with someone in the company but outside the employees immediate
area serving as mediator.

Another list of recommendations might be the following:

(1) Decide the types of dispute included.

(2) Decide who may serve as arbitrators (mediators).
(3) Provide rules for fact-finding and discovery of evidence.
(4) Give the same types of remedies employees would have under
any statutory protections they have.
(5) Give employees the same time frames for submitting claims that they have
under a statute.
(6) Do not preclude the right to file a complaint with an agency for violation
of employment laws.
(7) Notify all potential employees of the arbitration plan and its requirements
 and provisions.
(8) Give disclosure on right of representation.
(9) If you are implementing a new plan, give employees notice and adequate
time to make decisions and adjustments.
(10)If you are implementing a new plan, give employees notice and adequate
time to make decisions and adjustments.

These are a list of steps that are very crucial in resolutions.(M.M. Jennings,2006).

REFERENCES:

Jennings, M.M. (2006) Business: Its legal, ethical, and global environment
(7th ed.) Mason, OH: Thomson.