Adr for Ltc

Alternative Dispute Resolution Clause

An alternative dispute resolution (ADR) refers to other methods of resolving disputes other than the costly and time-consuming court process known as litigation. Different forms of ADR include arbitration, negotiation, mediation, conciliation, and using a judicial referee (Cheeseman, 2010). Because disagreements may arise among Learning Team members, it is important to prepare an ADR clause for resolving these issues.

If a dispute arises, the Learning Team members will try to use negotiation as the first form of ADR. Negotiations consist of written and oral communications undertaken for the purpose of reaching agreement. Good faith, negotiations consist of a give-and-take process that determines a mutually acceptable arrangement to resolve the matters in dispute (Gale Encyclopedia of Everyday Law, 2006). When the negotiation is not taken in good faith, this results in finger-pointing rather than coming to an agreement.

If a dispute does not dissolve with negotiation within 48 hours, the Learning Team will use mediation ADR as the last resort to resolve these issues. The following ADR clause will effectively begin because these controversies within the Learning Team affect productivity and quality of work assignments, attendance, and participation.

If a dispute arises out of or relates to the Learning Team Charter rules and agreements, and if the form of negotiation cannot dissolve the dispute within 48 hours, the members will agree to administer mediation by the chosen neutral team mediator to settle the disagreement. Each disputing member will communicate his or her side of the dispute to the mediator. In turn, the mediator will attempt to reach an acceptable agreement between the parties. If any of the disputing members do not respond to written requests for mediation by the mediator within 24 hours, that member will waive his or her right to mediate the issue in dispute and will be subject to peer review.

The final...