Alternative Dispute Resolution

“Ethics is about how we meet the challenge of doing the right thing when that will cost more than what we want to pay.” (The Josephson Institute of Ethics) When I think about everything that I have learned within the Business Ethics class, I think of one topic – Understanding Ethics. This teaches you many things like what ethics is, how to understand right and wrong, ethical reasoning and much more. “The field of ethics is the study of how we try to live our lives according to a standard of “right” or “wrong” behavior–in both how we think and behave toward others and how we would like them to think and behave towards us.” (Business Ethics Now, Ghillyer, 4) Some people consider ethics to be a conscious choice to follow a set of moral standards or ethical principles that supply direction on how they should perform in their daily lives; others, however, look to the behavior of others to decide what is an acceptable standard of right and wrong or good and bad behavior. Many factors including how they were raised, their religion, and the transitions and beliefs of their society drive their definition of the right or wrong. Judgments are made about good or bad behavior by moral standards, which are principles based on religious, cultural, or philosophical beliefs. These beliefs can come from many different sources such as family, friends, ethnic background, religion, school, the media–television, radio, newspapers magazines, the Internet, and personal role models and mentors.

Ethics is the process of doing right or wrong. It assists a person in the deciding if something is moral or immoral or if it is socially desirable (Dess, McNamara, & Eisner, 2016, p. 368). A person can get his or her ethics from religious beliefs, heritage, family, the community, education and friends. Organizational ethics is the values, attitudes and behavioral patterns defined by the organizations culture. Organizational ethics determine what is acceptable behavior.

Ethics are principles of behaviour that distinguish between right and wrong. Resnik (2011) defines ethics as” a method, procedure, or perspective for deciding how to act and for analysing complex problems and issues” (p.1). People face ethical decisions; however, People working in business frequently face ethical decisions. Business ethics is the evaluation of business activities and behaviour as right or wrong (Society for Business Ethics, 1991).

After we had gone over Chapter 10: Handling Difficult Conversations, Conflict and Negotiation, I decided to discuss about the two conflicts that I have been involved in within the past couple weeks. The two conflicts were evidently different and therefore I had to resolve in a different way. The types of conflict resolution I compared were bargaining, dominating, collaborating, avoiding and accommodating.

IG :The managers trust me more than the other employees, so ive been scheduled on more days.

Jack and Jill, residents of Orlando, FL, had a nasty incident involving a hill, some water and a broken crown, in which both parties got hurt. Jack and Jill ended up suing each other in Florida state court. After a few months of nasty motion practice, Jill comes to your office and tells you that she's heard of this wonderful thing called mediation, under which she and Jack could be helped to reach a settlement. She has a few questions for you about mediation, all under Florida law:

Many people go to litigation for resolving disputes without knowing the alternatives that may possibly be more beneficial to them. The textbook, “Alternative Dispute Resolution: A Conflict Diagnosis Approach” is a great book that defines and explains the different types of dispute resolutions that can be used to settle a conflict. Some of the dispute resolutions discussed in the book are suitable for specific disputes. And the different type of dispute resolutions has different advantages and disadvantages for disputants. It is important to understand the different types of dispute resolutions, and their processes for resolving conflict in order to select the best dispute resolution to resolving conflicts now and in the future. From the book, I will discuss what I learned from five chapters and explain how the materials will help me in the future. I will be discussing Chapter 1: Defining terms, Chapter 2: Understanding the Foundations of ADR, Chapter 3: Mediation: An Introduction, Chapter 4: The Law and Ethics of Mediation and Chapter 5: Arbitration (Coltri, 2009).

This report also addresses the dispute resolution process and different steps to solve a the dispute between two parties. Those steps are known as Negotiation, Mediation, Conciliation and Arbitration. Most of these steps require a third party who helps in offering advice or examining the dispute within the workplace or making an agreement for two parties to agree on. There are some disadvantages in the process of these steps and they can end up in a failure to resolve the dispute and if that happens, then the two parties move onto the next step.

Mediation: is part of the alternative dispute resolution. It can be defined as a Neutral third party that helps in making decisions but is usually not binding on the parties and has no authorities in making the decisions. The use of this technique is very helpful when the disputing parties have reached dead ends or personal animosities that direct discussions between them become impossible. On the other hand Dispute resolution is the process of disputing resolutions between different parties itself and there are different forms of alternative dispute models where mediation is one of them and the rest can be

Alternative Dispute Resolution, commonly abbreviated ADR, is a method organizations and individuals use to resolve dispute without resorting to litigation. ADR methods help disputing parties to negotiate and come to an agreement or compromise without incurring the extra time, effort and fees required by courts and attorneys. Courts may review and ADR decision; however, if the final contract is sound, rarely will a court overturn a decision reached through alternative dispute resolution. Depending on the circumstances, ADR can be voluntary or mandatory.

Alternate Dispute Resolution has many benefits serving as a legal substitute for resolving civil disputes. Most courts prefer the proceedings of an ADR as oppose to Litigation. In some counties, the option of ADR must be analyzed before attempting to initiate the proceedings of litigation. Most district courts along with appeal courts will oversee the courts, and will resolve the remaining disputes. Alternate Dispute Resolution is a large part of our legal system, which many citizens rely on to settle civil disputes. ADR has been a part of US legal history since the times of the colonies. Alternate Dispute Resolution, better known as (ADR) in the legal field, was first used in the late 1800’s. ADR was initially used, not to replace or

Distinguish between the concepts of conflict, dispute, and negotiation. Examine their differences as well as how they relate to each other.

Dispute resolution is a term that refers to a number of procedures that can be used to settle a claim. Conflict resolution procedures are alternatives to receiving a court resolve the dispute in a trial. People often have to compensate a large fee just to start the arbitration procedure. If they are able to make an in-person audience, people sometimes have to travel thousands of miles on their own money to attend the arbitration. In the final stage, the loser often pays the company’s legal fees.

Generally, the simplest form of alternate dispute resolution is negotiation. Negotiation allows the parties to meet informally with or without their attorney’s present to settle their dispute. This process does not require a neutral third party to be at the meeting because the parties reach a resolution on their own terms.

     The five steps used to complete a conflict resolution are diagnosis, goal setting, negotiation, future strategies, and follow-up.  During the diagnosis and goal setting stages, we would establish the nature, source, and scope of the conflict to better aid us in finding and setting a goal.  During negotiation and future strategy stages, we would enhance individual skills, facilitate meetings, and ensure constructive resolution is reached and then, help the students establish new model and behaviors for resolving future conflicts.  Finally, the