Introduction
Most learning teams are made up of different people with different goals, objectives and even missions in life. In most cases when different people who do not share the same goals, dreams, objectives, missions and ambitions come together disagreements always arise. These disputes must be resolved so as to bring harmony and understanding between these people. In this document different alternative dispute resolution clauses and tools are discussed. The paper also discusses how to use these clauses and tools and how they help in solving different disputes.
Description
To help solve disputes between people, the members of the learning team usually refer to a document called a team charter. This document is developed to help in administering the team effectively. It contains alternative dispute resolution clauses and tools that can be applied by the team in case of any disagreement. The clauses include mediation, arbitration, negotiation and conciliation depending on the environment in which the problem has occurred (Atlas, Huber & Trachte-Huber, 2000). In an environment where a learning team is involved the most effective clause is mediation. When the mediation method does not solve the issue at hand, the arbitration method is usually employed. Mediation is where a mediator is used. The mediator acts as a go-between between the two disputing parties. He listens to the views and opinions of each individual group separately. He then analyzes their views and brings them together with the aim of having them come to an agreement. The mediator then allows the two parties to listen to each other’s side of the problem by letting each team air their views. His or her presence enables the teams to do so calmly without causing commotions or even making the dispute worse (Dauer, 2004).
Conflicts that are common in learning systems arise as a result of people not participating in group work. Conflicts also arise when members do not hand in their assignments in time or even when members are constantly not available for meetings. The mediator normally is a person that is elected by both parties involved and is expected not to take side with any team, thus he or she is supposed to be neutral. He then organizes a meeting in which both groups showcase their opinions about the problem at hand in his or her presence. He then examines their opinions and gets all the available information then finally comes up with a possible solution.
During dispute resolutions different tools are usually used. The tools and the clauses help in gathering information that is necessary for solving the problem at hand. In mediation case evaluation can be used. Here, the groups hand their views and opinions to the mediator. The mediator then tells them the strong and weak points of their points of view and then lets them come up with a solution. Another method is an unbiased evaluation of the problem. This happens immediately after the problem has been presented to the mediator. The mediator helps the teams to examine the case and eventually to come to an agreement (Cheeseman, 2010).
Conclusion
To be able to solve a dispute completely, it is always good for both groups to provide concrete information that will enable the negotiation process to be a success. They can tell the cause of the dispute, the major point or fact they want clarified and the goal they would like to achieve. This helps in peaceful and successful resolution of the conflict.
Reference List
Atlas, N., Huber, S., & Trachte-Huber, W. (2000). Alternative dispute resolution: the litigator’s handbook. Chicago: American Bar Association.
Cheeseman, H. R. (2010). Business law: Legal environment, online commerce, business ethics, and international issues (7th ed.). Upper Saddle River, NJ: Pearson Prentice Hall.
Dauer, E. (2004). Alternative dispute resolution: law and practice. New York: Juris Publishing, Inc.