Week 2 Learning Team Assignment: ADR Clause for Learning Team Charter Paper

ADR Clause Assignment

Team B

ETH/321

August 27, 2018

Kevin Spiering

Resolving Disputes

There are several different types of Alternative Dispute Resolutions also known as ADR. These alternative dispute resolutions are forms of resolving problems without litigation, (Kahn, 1985) usually less formal, less expensive, and less time-consuming than a court trial. These types of resolutions also give the people involved a broader opportunity to establish when and how their dispute will be resolved. The most common forms of ADR are arbitration and mediation, but negotiation will mostly be attempted first to resolve the dispute. When trying to negotiate, the parties will meet to try to settle a dispute and they, themselves control the process and the solution.

In the event of a conflict, negotiation is the preferred method of ADR for group B. Negotiation can offer the team a way to open up a discussion which will help gain understanding from each member. Negotiating a decision that the group is happy with is what will increase the team’s cohesiveness. If members of the group find themselves in a disagreement, good faith efforts should be made to have a conversation of what the issues are. Further, the disagreeing members should work towards a resolution to the problem. The team recognizes that we have a common goal to successfully complete our assignments in a timely and effective way that ultimately results in a high grade; a reflection of our collaboration and work together. As outlined by Katie Shonk from the Harvard Business Law, “Reaching agreement on seemingly peripheral issues can help parties build a foundation of trust and optimism that enables them to collaborate to resolve the main sources of their conflict.” (Shonk, 2018). Team will use negotiation techniques to resolve conflicts and work towards a compromise.

References

Legal Information Institute, retrieved from:

https://www.law.cornell.edu/wex/alternative_dispute_resolution

Kahn, M. L. (1985). Dispute Resolution: Negotiation and Consensus Building (Book Review). (cover story). ILR Review, 39(1), 135.

Shonk, K. (2018). 3 Negotiation Strategies for Conflict Resolution. Retrieved from https://www.pon.harvard.edu/daily/dispute-resolution/3-negotiation-strategies-for-conflict-resolution/