Research Paper On Alternative Dispute Resolution

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United States Army Alternative Dispute Resolution Process


The Army Alternative Dispute Resolution (ADR) process describes techniques to describe and encourage managers to develop and utilize innovative ways of resolving disputes. Techniques used in Alternative Dispute Resolution may be used to prevent dispute, resolve them at earlier stages, or settle them before a formal legal process is executed. The Army as organization understands that disputes will take place. This is not the problem. The ADR process helps determine how to deal with the problem. Should one engage in confrontation? That could result in a bitter dispute, thus damaging a relationship further. A favorable outcome would include the parties reaching an agreement to the dispute.

The 1996 administrative dispute resolution act defines an alternative dispute resolution as “Any procedure that is used to resolve issues in controversy, including, but not limited to, conciliation, facilitation, mediation, fact finding, mini trials, arbitration, and the use of ombuds, or any combination thereof (Office).” This act requires the federal government to adopt alternative dispute resolution programs and processes. The Federal ADR required each agency to implement a policy encouraging use of ADR in an across-the-board range of decision-making, and required the federal trial courts to make ADR programs available to litigants (, 2007).
Throughout the Department of Defense, agencies are employing ADR tools in workplace disputes and contract and procurement disputes, as well as areas of land use and accessibility. The Department reports tangible, timely benefits from ADR use, including time and monetary savings and, perhaps most importantly, a profound impact o...

... middle of paper ... recreation months, addressing a concern of the homeowners. The state conservation group’s concerns were addressed as it related to the operations (Office)during fish spawning periods, and acceptable releases during power emergencies. There was no agreement on when full generating capacity could be used. There were conflicts as to whether the Governor would accept full generation since he was not present during mediation. the mediator prepared a "single-text" negotiating document that laid out some of the options under consideration. Its purpose was to offer a potential agreement, with each side conceding something in order to come to an agreement. The final agreement, reached in a final negotiating session, provided for a three-month window during which five units could be operated, however as time continued to pass, public interest on the issues dissipated.

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