Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) is a mean used or applied by the parties who wish to settle their disputes or differences outside courtroom. When a learning team decides to resolve disputes, disagreements or differences among learning team members, it can use optional ADR clause.

The clause is normally used when the matter is not resolved through negotiation and is recommended to the team by the Centre for Dispute Resolution (CEDR). Some of the disputes subjected to ADR are: Personal confrontation, dispute over goals, disagreement over methods, means and routines, dispute expected as health interaction etc.

Disputes arise when team members think only of themselves, compete with one another, criticize teammates and blame someone else for wrongdoing. Dispute is endemic in organizational life and research shows that “conflict can often be a means by which teams learn to work together effectively.” (Charles, 2001)

The provisions necessary for ADR to occur    includes: If a team member expresses dissatisfaction with the recommendation of the team, if a member expresses dissatisfaction with a decision made by the team, if a member is dissatisfied with teams’ determination to solve a dispute, then they may submit the entire dispute to the ADR clause. Though ADR helps the parties to settle the disputes, for the process to work effectively then;

Team members must agree to work with dispute that affect interpersonal relationships of the team and accept the dispute as it exists. Members should progressively learn how to discuss issues vigorously, handle each member and engage in arguments without feeling as if they are personally attacked.

They should emphasize on dialogue between the members, avoid gossip and make sure not to expose team discussions outside.  The public policy reasons for enforcing the clause should be good.The ADR clause must go much further than coming up with a simple agreement to negotiate.

The intention of the members should be mutual and the litigation should be treated as the last alternative.  ADR need to be applied as the last resort when the team fails to reach an agreement to settle their differences.

References

Charles A. Cooper, (2001) Alternative Dispute Resolution Practice Guide. New York: Lawyers Cooperative Publishing Company.

Nancy F. Atlas, (2000) Alternative Dispute Resolution. New York: American Bar Association.