Alternative Dispute Resolution
Learning Team A
23rd February, 2015
Alternative Dispute Resolution There are many different methods of dispute resolution; some more drastic than others. Alternative Dispute Resolution or ADR is a less invasive way of dispute resolution, compared to going to court. It involves the use of third parties, who are impartial to the situation, in order to resolve a dispute, whether it be between two individuals or businesses (Melvin, 2011). ADR can be used in a variety of settings including the online learning experience. Mediation, a form of ADR, can be particularly effective when two or more members, of an online learning team, cannot find a solution to a dispute on their own.
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Another form of ADR is conciliation. In conciliation the help of a third party is enlisted. This individual, called the conciliator, meets separately with both parties and then all together in an attempt to resolve the dispute. The conciliator has no legal power and no authority to call witnesses, write a decision, or make an award, in the typical conciliation case. Their purpose is to calm down both sides, interpret the present issues and encourage possible solutions. This assists in finding an outcome that is mutually beneficial to both sides (Dispute Resolution, n.d.). In addition to conciliation is a form of ADR known as arbitration. In arbitration both parties mutually agree on an arbitrator, who in this case will act much like a judge in a courtroom. The arbitrator has certain powers, including in some cases, the power of subpoena. Arbitration is less formal than a courtroom, but the disputing parties involved may choose to bring an attorney. There are opening arguments, witnesses, cross-examinations, and closing arguments just as if it were a real court case. There are two types of arbitration, binding or nonbinding. If both parties agree on binding arbitration then the decision of the arbitrator, at the end, becomes final and is only called into question if both parties reopen the case (Melvin, 2011). The last form of Alternative Dispute