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Legal System of Business - Essay Example
An Alternative Dispute Resolution (ADR) clause is an alternate method of solving a problem without the need to resort to litigation or a lawsuit for resolution. The value in a well constructed ADR is associated with the relative easy and cost effective approach to a dispute resolution…
The most common ADR methods are mediation and arbitration; however several other methods are available including: negotiations through facilitation; neutral evaluation; conciliation; summary jury trial; mini trial; neutral evaluation; judicial referee; and others (Goldberg, Green, & Sanders, 1985).
In this instance, preparing an ADR clause that can be used by the learning team to resolve potential disagreements among team members requires an agreement on a complete definition of an ADR clause. Perhaps the most consistent and concise definition of ADR identifies it as a "procedure for settling disputes by means other than litigation; e.g., by arbitration, mediation, or minitrials" (Law Encyclopedia, 1998). Additionally, it is important that the clause make both business and legal sense, and include components that will avoid significant procedural issues or needless parameters that restrict the resolution process.
In structuring the Alternative Dispute Resolution clause specific to this assignment, the goal was to be concise keeping needless complexity out of the resolution clause, including the necessary elements that demonstrate a clear understanding of the process to be used, but avoiding statements that may encourage disputes in its utilization (Aibel & Friedman, 1996). ...