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Abstract
This essay elaborates An Alternative Dispute Resolution that I would apply among a group of learning members. For this situation, I identified mediation as the most appropriate ADR. Mediation is a framework or program specifically designed for solving disagreements between two or more people with the help of a volunteering third party, who is always an agreed choice of the conflicting members.
Because of its inherent characteristics, I found mediation to be the most appropriate for dispute resolution among learning members of the same class. The major goal of Mediation in Dispute solution is to provide a satisfactory solution to both aggrieved parties without compromising interests of any party. The rest of this essay elaborates more about mediation and gives a clause that learning members can use to resolve conflicts.
Introduction
Dispute resolution is always part of daily life among members living, learning or working together. Alternative Dispute Resolution (ADR) involves solving conflicts between two or more people out of court (Totaro, 2008, p.15). Many ADRs do exist but it requires people to assess the conflict at hand before seeking the best ADR technique to use.
Clause Description
The goal of mediation is to solve a dispute between two or more parties with the help of a mediator. The process of mediation is always informal and voluntary. This ADR is subject to disagreements between members of a learning team. It ensures that at the end of the process, both members are satisfied and without any feeling of negligence to any party.
Clause Design
In its design, this clause has various requirements. First, a mediator, (one or more individuals), should be present. S/he must be neutral and is always a choice of the disagreeing class members. The mediator can talk to the parties separately or together. During the mediation process, the mediator’s role is to help the disagreeing members to adjust their demands and make an agreement that benefits both parties.
S/he listens to each party’s interests and helps them to reach a common ground. For effective working of this clause, the mediator should not impose solutions on the mediation process but should leave it to the disagreeing parties. This method is applicable for the entire course of study of such a group because no changes in learning group that can hinder its application. It only requires an agreement by both parties.
Conclusion
If people implement it properly, mediation is a good way of solving conflicts between two or more members of a learning group. The mediator should be a choice of both members in disagreement and should always maintain neutrality. At the end, no party should feel shortchanged as consensus is the final element of a mediation process.
Reference
Totaro, G. (2008). Avoid court at all costs. The Australian Financial Review, 5, 14-19.
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