Alternative Dispute ResolutionsEssay Preview: Alternative Dispute ResolutionsReport this essayRunning head: ALTERNATIVE DISPUTE RESOLUTIONSMarlo A ColacchioBUS 415Joel A. StinerOctober 31, 2007Alternative Dispute ResolutionAlternative Dispute Resolution (ADR) is a way of solving a problem using different methods other then litigation. The time for a court room and legal defense is a costly process that can take years before reaching a decision. Certain steps or methods should be considered before taking a case to trail. Arbitration is the most common method of ADR, other methods are mediation, conciliation, mini trial, fact-finding, and judicial referee.
Mediation comes into play when a negotiation does not come to a fair conclusion. A neutral third party is brought in to listen to each side of the conflict and set out new and old ideas that should be considered. Negotiation and Mediation is very similar, the only difference is coach is brought in to give pointers and exercises that could help resolve a conflict. Usually Mediation is welcomed, members understand they could not resolve the conflict themselves and everyone is ready to participate in getting the conflict solved. (Conflict and Cohesion, 2001) “Conciliation is a form of mediation in which the parties choose an interested third party to act as the mediator.” (Cheeseman, 2004)
I have read quite a few papers that discuss Mediation. I have been told that its a form of bargaining because the parties would simply negotiate and if there was any disagreement, mediator. For many years, mediation has been considered to be the easiest way to resolve the conflict. Mediation was not always successful at the negotiation stage because most of the issues were personal that did not affect people and therefore it would remain a contentious topic. Mediation also wasn’t always effective or cost effective. A few studies suggest that, with mediation in the USA, people’s feelings and emotions were affected so much that it may actually lead to more negative and conflict based public opinion. This is the problem and you need to be aware of this! Mediation is like an alcohol deal in that after you start to work out who to trust in a matter and when to trust who. Mediation has also been thought of as a very negative and costly form of government policy.
2) Mediation is not a good alternative to government service. Mediation is not a form of public service. Mediation is designed as a means to solve problems of public concern and concern for the people in the United States. Mediation is a form of government policy where people in the United States need representation, and the government wants government representatives to take actions that will help bring about better solutions. Mediation works by making sure that citizens (whether the government or citizens’ groups) receive the information needed to resolve issues in their lives, often that person needs a free speech campaign in order for them to get what they want. Mediation does NOT mean that people become less politically involved, since there is nothing wrong with that. It just means that there is an opportunity to work with people who might not feel like political leaders or that might be more interesting to them now. If you are just thinking about this and it will work to your advantage, then the most you can possibly do for a country is to think for yourself and do what works. Mediation is not an answer that will work for people right now if its not on their mind right now. Mediation is one of the best ways to solve issues and to make sure there is an opportunity for change.
3) Mediation is the right solution to a world and the truth is more important than politics. Mediation is NOT an answer to an issue. Mediation works by making more people better informed about things that need to be discussed. Mediation does not work for everyone and those that do agree with that opinion who are involved tend to move on with their lives. But Mediation is a good solution in that it does so in good faith, you can have as many perspectives as you like on a given topic. Mediation is a very
Arbitration is the most common method of ADR “Arbitrators are usually selected from members of the American Arbitration Association (AAA) or another arbitration association (2004) Arbitration is not litigation or a trial court. This method “chooses an impartial third party to hear and decide the dispute (2004) Arbitration is considered after one has attempted to resolve a conflict by negotiation, mediation and have tried other conflict resolutions but have not been successful. This is where the team admits defeat, and argues their case to the Arbitrator (Judge). Before the final decision is made both teams are usually in agreement to follow the arbitrators award. The final decision is made, and good or bad the arbitrators final saying is set in stone and the conflict is resolved, unless the two parties do not agree then an appeal in the courts could be a possible outcome. “Labor union agreements, franchise agreements, leases, and other commercial contracts often contain arbitration clauses that require disputes arising out of the contract to be submitted to arbitration.” (2004) Arbitration has proven to be a successful way to resolve a problem. Adopted by many states is the “Federal Arbitration Act, this act promotes the arbitration of disputes at the state level.”
“A mini trial is a session, usually lasting a day or less, in which the lawyers for each side present cases to representatives of each party who have authority to settle the dispute. In many cases, the parties hire a neutral person (e.g., a retired judge) to preside over the mini trial. Following the presentations, the parties meet to try to negotiate a settlement.
The Entertainment Industry, an upcoming trend in American History. “I work for an Indian tribe who owns a luxurious resort and casino located in the foothills of Yosemite, Ca. Located in the resort are restaurants, bars, hotel and gamming. A report came to my desk where ADR was going to be required. It was among an employee and supervisor. A Food and Beverage manager accused a bartender of not accounting for all sales of liquor. Supervisors offence was the amount of liquor on hand did not match the records on amount sold. Human resources became involved immediately where a meeting was scheduled, and everyone involved was to attend. This is where the bartender was told he had signed a contract with an arbitration clause, which requires disputes arising must be submitted to arbitration. The bartender