...Alternative Dispute Resolution for Learning Team Charter Marla Phillips BusLaw/531 January, 31, 2011 Errika Hise Alternative Dispute Resolution for Learning Team Charter Working in a team environment can be challenging and rewarding. The learning team charter outlines guideline for disputes among the team members. In the event that a dispute does arise the Alternative Dispute Resolution (ADR) will be used. The advantages of using the ADR is that team members can control how the dispute is settled, that it is settled in a timely and private manner. The team members can decide whether the outcome will be binding. In the event that a dispute cannot be resolved within a 24 hour period the team members will use the negotiation method. These processes were the team members try to settle their differences informally without a mediator present. In the event that this cannot be done the mediation process will be used. The mediation process is a form of assisted negotiations were a person will be appointed to be the facilitator This person will be appointed by all the team members. The mediator will help the members communicate by listening to both sides of the dispute and try to recommend a resolution to the dispute. If the members are not able to come to a settlement then the dispute will go to the arbitration process. During the arbitration process a person will be appointed by all members, the person appointed cannot be the person that was the mediator. The arbitrator...
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...Conflict Resolution Conflict is a state of disagreement between two or more parties. This disagreement can be realized in both peaceful and violent manifestations. A clash of interests, values, actions, or directions often sparks a conflict. Conflict occurs on many levels-within the individual when a person confronts their own competing desires; between individuals such as in a marriage; between groups of individuals, such as work groups; between societies or cultures, such as different religions or ethnicities; or international conflict which may become a fully fledged war. Causes for conflict are many but all conflicts have as their root cause self-centered behavior, when one's personal desires, or those of one's own group, are pursued without regard for the needs of the other or for the larger society to which both belong. The result of such selfishness is the breakdown of harmonious interactions or the initiation of aggressive and destructive behavior. Conflict theory attempts to explain social conflict through the idea that all participants in a group or society attempt to maximize their personal benefits and are therefore at odds with all other members of the population. Conflict resolution is the ending of a conflict, or at least reduction of its severity. It may involve conflict management, in which the parties continue the conflict but adopt less extreme tactics; settlement, in which they reach agreement on enough issues that the conflict stops; or removal of the...
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...Alternative Dispute Resolution Alternative dispute resolution is one of the newer forms of resolving legal disputes between the parties cost effective and timely manner. Most lawsuits (actions or causes) are not only expensive, but require at least a year to reach some resolution. The parties in civil disputes opting more and more frequently, to resolve their disputes privately in order to avoid the rigors, costs, and time of litigation. In foundation, according to the form of dispute resolution chosen by the parties, alternative dispute resolution is similar to a private court. The parties typically agree to divide the costs of arbitration or mediation in the hope of resolving their dispute economically and in less time than last formal judicial process. Normally, when the parties can not reach a settlement of their dispute without a trial, a party engages in litigation. This part and incurs costs of $ 190.00, what it costs to bring an action in Superior Court in Pima County. Then the plaintiff must notify the opposing party notice of trial, also adding a $ 25 minimum to the amount already spent on presenting the action. So far we assumed that the notification to the opposing party is easy and only a defendant's resident state. If more than one defendant, or if there is a problem to notify a defendant, the costs increase accordingly. This is without counting the costs and fees incurred by both parties through the preparation and litigation of the dispute. As a result, private...
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...Preparing to Negotiate Over the course of training and consulting with tens of thousands of negotiators and dealmakers, we have become aware that, by far, the most common and costly mistakes in negotiation take place before talks even begin. Interestingly, the problem is usually not faulty preparation, but a lack of preparation altogether! Under the false assumption that negotiation is “all art and no science,” most people fail to prepare adequately for negotiation. When coupled with the belief that the “real action” begins at the bargaining table, even smart, thoughtful, and motivated people walk into substantive negotiations ill-prepared. Thus, it is critical that you adopt a thorough methodology to help you prepare to negotiate. Our five-step pre-negotiation framework offers a simple yet effective approach. (In the chapters that follow, we will add to this list as we confront more complex negotiations.) Step 1: Assess your BATNA. The first step in any negotiation is to ask yourself, “What will I do if the current negotiation ends in no deal?” In other words, you need to assess your BATNA, or best alternative to negotiated agreement—the course of action you will pursue if and when the current negotiation ends in an impasse.3 Without a clear understanding of your BATNA, it is impossible to know when to accept a final offer and when to walk away in order to pursue other options. Your BATNA assessment requires the following three steps: 1.Identify all of the plausible...
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...* Question 1 2 out of 2 points | | | An arbitrator's error in judgment is sufficient to provide a basis for overturning an award. | | | | | Selected Answer: | False | | | | | * Question 2 2 out of 2 points | | | Berle, a dairy farmer, and Clover Creamery, Inc., are engaged in court-annexed arbitration proceedings. The award will be binding on | | | | | Selected Answer: | neither Berle nor Clover. | | | | | * Question 3 2 out of 2 points | | | Shelly and Tom disagree over the amount of money due under their contract. To avoid involving any third party in a resolution of the dispute, Shelly and Tom might prefer to use the alternative dispute resolution method of | | | | | Selected Answer: | negotiation. | | | | | * Question 4 2 out of 2 points | | | In Brower v. Gateway Computer, the issue involved the enforcement of a mandatory and binding arbitration agreement pertaining to disputes between Gateway and its customers. With regard to the agreements enforcement, the court determined that: | | | | | Selected Answer: | because the mandatory fee required by the arbitration forum exceeded the cost of most of Gateway's products, the prohibitive cost of arbitration made the arbitration unfair and biased toward Gateway and therefore nullified the arbitration clause. | | | | | * Question 5 2 out of 2 points | | | Fact Pattern 3-1A Organico Café, Inc., and Pleasant Valley Farm Corporation...
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...Wk-1 Individual – Communication and Personality MGT-445 Wk-2 Team – Power Play for Howard Part-A MGT-445 Wk-3 Individual – Negotiation Strategy MGT-445 Wk-3 Team – Power Play for Howard Part-B MGT-445 Wk-4 Individual – Miami School District Negotiation Paper MGT-445 Wk-5 Individual – Article Analysis MGT-445 Wk-5 Team – Third Party Conflict Resolution (2) MGT 445 (Organizational Negotiations) Complete Course WK 1-5l Get Tutorial by Clicking on the link below or Copy Paste Link in Your Browser https://hwguiders.com/downloads/mgt-445-organizational-negotiations-complete-course-wk-1-5l/ For More Courses and Exams use this form ( http://hwguiders.com/contact-us/ ) Feel Free to Search your Class through Our Product Categories or From Our Search Bar (http://hwguiders.com/ ) MGT-445 Wk-1 Individual – Communication and Personality MGT-445 Wk-2 Team – Power Play for Howard Part-A MGT-445 Wk-3 Individual – Negotiation Strategy MGT-445 Wk-3 Team – Power Play for Howard Part-B MGT-445 Wk-4 Individual – Miami School District Negotiation Paper MGT-445 Wk-5 Individual – Article Analysis MGT-445 Wk-5 Team – Third Party Conflict Resolution (2) MGT 445 (Organizational Negotiations) Complete Course WK 1-5l Get Tutorial by Clicking on the link below or Copy Paste Link in Your Browser https://hwguiders.com/downloads/mgt-445-organizational-negotiations-complete-course-wk-1-5l/ For More Courses and Exams use...
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...Litigation Student Name LAW/531 Date Instructor Litigation Disputes are settled by various means every day. This paper will consider the process of traditional litigation and alternative dispute resolution in settling those disputes. Knowing the advantages and disadvantages is important when deciding what process to employ in settling a dispute. Traditional Litigation Traditional litigation can be a long and expensive process. Filing a complaint starts the process. This action will cause the courts to issue a summons to the defendant with a description of the complaint by the plaintiff. Once the summons is received, the defendant will than answer the complaint. A court enters a judgment against the defendant if allegations are admitted. However, if the defendant denies even one some of the allegations the case will proceed through the next steps of the judicial process. The defendant may file a cross-complaint against the plaintiff. This action will initiate a need for a response from the plaintiff to answer the defendant’s allegations. This will end the pleading stages and will lead to the discovery stage. The process of discovery begins as each side takes steps to discover information relevant for trial. Discovery can be long and tedious. Each side produces a list of documents relevant to the case. This process can be time-consuming to business owners, manager, and employees as documents are sifted through and copied. All communication flows through...
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...affect negotiating options and outcomes are: • Is the retailer willing to negotiate on price? • How big the retailer is? • Other buying options available in the market for the retailer. • Attitude of the retailer and his approach towards me. • My own strengths and weaknesses during negotiations. • My own willingness to negotiate. • Our perceptions about each other. • The setting in which we are negotiating. • Goals of both parties. • My fear about threats of my production stoppage and storage issue. • Facts and circumstances as I am having bad time at the business. • Personality and temperament of both parties • Way of thinking of both parties • Style of communication I and the retailer will use. • Our approach to conflict • Our past experiences we had while negotiating in same circumstances. 3. What unconscious factors might also affect your negotiation performance? Ans. Unconscious factors may affect negotiation performance are: However, our human interaction is affected by who we are and with whomwe interact. Personality and temperament, values and beliefs, perception, attitudes,...
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...BAC332 Negotiations & Conflict Resolution Pemberton’s Dilemma was an interesting exercise. My first instinct was to open the store hoping that the other team would stay closed. I wanted to win the exercise, but I gave it a couple minutes and retracted my position of going against them. If we would of done that right out of the gates it would be an all out war. So we discussed within our team to just keep the store closed, thinking they too would do the same. So as the rounds preceded we both started feeling comfortable with each other staying closed until the negotiation rounds. I believe if we would of broke that trust and just started opening it would of just caused trust issues and resulted in a lot more money being lost to fines and both stores being opened. Once we got to the negations rounds are intentions were to figure a plan that would allow both stores to thrive. However, we never took into consideration the amount of money being lost to fines would be our down fall to this goal. Poor planning on our part made us fail in the overall goal. Now that the exercise is over I see some problems we had in the negotiation planning. We never factored in the fines we would have when the locations were open. This lead to us winning, but our intentions were to share the profits with the other company. Staying closed would have been the best road for both of us and in the end would of resulted to more money for the two...
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...Alternative Dispute Resolution Research Worksheet Resolving Non-Employment Conflict Research-The purpose of this research is to identify potential alternative dispute resolution strategies that could be used by M-Core. You will do this by looking at how companies in other industries have dealt with similar issues. Topic : Alternative Dispute Resolution Instructions for Topic A: In the Response row, each team member must identify at least two companies that use different alternative dispute resolution strategies. In the Response row, identify whether the company has been successful or unsuccessful. In the Response row, explain how M-Core could use the company specific strategy from each company researched. Response to Topic A: Intel Corporation Intel has been very successful in creating best practices with their alternative dispute resolution strategies which includes an open Door Program staffed by Senior Specialists. These specialists are accessible to all employees, are highly-trained, impartial fact finders, who look at all the sides of the concerned issues. Part of the process includes a meeting with the specialist and the employee to discuss concerns and issues while conducting a confidential investigation. Information is then analyzed, aligned with company guidelines, Corporate Business Practices, general fairness, and the law. This process has helped Intel offer recommendations to employees and management about how to best resolve the issues and help find...
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...Alternative Dispute Resolution known as ADR is referred to a means of settling disputes outside of the courtroom. Some of these cases typically include neutral evaluation, negotiation, conciliation, mediation and arbitration. The purpose of Alternative Dispute Resolution is to mitigate the cost of discovery and to facilitate the quick resolution of a case. Alternative Dispute Resolution process is mostly chosen over trail in these cases because it is less formal, and it allows clients to have more control over the results of the case (Cornell University Law School). As stated previously there are many different types of Alternative Dispute Resolution cases throughout the United States. The two most common cases are mediation and arbitration. Mediation is very informal and the most common alternative to litigation. Mediation is when both parties get together with their lawyers and a highly trained mediators. Mediators are trained negotiators According to Cornell Law School; mediation is used for a wide gamut of case-types ranging from juvenile felonies to Federal Government negotiations with Native American Indian tribes. Mediation has also become a significant method for resolving disputes between investors and their stockbrokers (Cornell University Law School). The other most common form of Alternative Dispute resolution is arbitration. Arbitration involves a panel of three attorneys who evaluate both sides of the case and recommends a settlement amount. Usually each...
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...P4 Alternative Dispute Resolution (ADR) is a way of settling disputes without going to court. There are four ways of ADR, these are: Negotiation Mediation Conciliation Arbitration Negotiation: this is the first way of ADR and the parties involved (which is usually two or more) attempt to come to an agreement or try to compromise before using any other methods of ADR. This can be done with or without a solicitor however the decision made is not legally binding. Negotiation is private as only the parties involved are there when the negotiation takes place, it is also cheap as there is no cost unless a solicitor is involved. Mediation: there are always three or more parties involved in mediation and one of the parties is the mediator. The mediator doesn’t have an active role in resolving the dispute but acts a facilitator so the parties find a way to solve their issues themselves, even if the issue is resolved the decision made isn’t legally binding. Conciliation: unlike mediation where the mediator doesn’t have an active role, in conciliation the conciliator does. The conciliator suggests ideas that would solve the dispute between the parties however the decision that may be reached is not legally binding. Rather than the parties going to court conciliation is offered to them as an alternative, this is usually done in the workplace. Arbitration: out of all methods of ADR arbitration is the only one where the arbitrator has the authority to make the decision...
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...(such as arbitration or private judging) that exists outside the state or federal judicial system (Mallow, Barnes, Langvardt, Prenkert, & McCrrory, 2015, pg. G-1). ADR can be done through stages of communicating and agreeing rather than taking place in a long drawn out process in court. Arbitration and mediation are the-two primary forms of ADR, although there are others (Peterson, 2012). Allowing the parties to find a resolution that works for both is the most cost effective way to resolve a dispute. Regardless of profitability, size, ownership, or industry sector, all businesses share a common problem: conflict and conflict resolution (McDowell & Sussman, 2004). Avoiding ADR can result in an exorbitant amount of unnecessary legal fees for both parties. Alternative dispute resolution emphasizes mutual problem solving and broadens options for resolving conflicts in hopes of minimizing hostility (McDowell & Sussman, 2004). If ADR is not utilized, the other option is litigation. While litigation is an option, it is typically used as a last resort due to the fact that it is much more expensive and time consuming. Opperman’s (2000) study found the following: ADR effectiveness in twenty-nine medical malpractice claims against the government handled by Assistant U.S. Attorneys revealed that seventeen cases were settled in mediation, and in another ten cases the issues were narrowed by mediation. The attorneys surveyed estimated that they saved an average of 100...
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...judging’ is widely practised by several judges, particularly within the Family Courts of Australia as a way to improve case management. This new approach has been largely influenced by the overriding purpose clause found within the New South Wales Civil Procedure Act 2005 (NSW), and mirrored by the Uniform Civil Procedure Rules 2005 (NSW). Section 56 of the CPA importantly provides that “the overriding purpose of this Act and of rules of court, in their application to civil proceedings, is to facilitate the just, quick and cheap resolution of the real issues in the proceedings.” In order to achieve this, the Attorney General Department has instigated a large number of Government funded committees who have conducted a significant amount of research into the effectiveness of pre action requirements in the improvement of case management, including whether or not these processes could be adopted in Australia...
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...allows people to resolve disputes outside of court in a cooperative manner. ADR can be faster, cheaper and less stressful than going to court. Most important, the use of ADR can provide greater satisfaction with the way disputes are resolved. The writer will discuss how ADR clause can be use in the learning team. The learning team is an effective tool used at the University of Phoenix to help students achieve academic success. The writer is an alumni student and has had much experience with working with students in the learning team environment. Some experiences have been quite satisfying and a few have been horrifying. The main dilemma in many of the learning teams was how to manage conflict resolution effectually amongst the members when problems could not be agreed upon. Such potential conflicts that might arise among or between team members were disagreements over the appropriate steps acquired to complete the assignment or lack of contribution and participation from individual team members. One type of alternative dispute resolution that was used in my prior learning teams was mediation which was very useful and another method is medarb which will be later discussed by the writer. The writer designed an ADR clause that can be used in any course. The clause states: Each student is to abide by the student code of conduct implemented by the University of Phoenix. Each student is expected to complete his or her own assignment is a timely manner and to participate in the success...
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