Submitted by: Submitted by jbrady0525
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Category: Business and Industry
Date Submitted: 10/11/2010 06:02 PM
Learning Team Alternative Dispute Resolution Clause
Any dispute arising out of or in connection with the University of Phoenix Learning Team Charter, that cannot be resolved within 48 hours after an issue has been identified will be subjected to an ADR process for resolution. The dispute must be in direct violation of the rules and regulations pertaining to the productivity and efficiency of the learning team, as set forth in the learning team charter document. Personal conflict between team members are not immediate grounds for ADR and will be referred to the course facilitator for resolution.
Team members agree to mediate an issue for resolution with the assistance of a neutral mediator. A neutral mediator will be appointed by the course facilitator and may be a student in the class. All team members shall agree on the chosen mediator. If a mediator cannot be agreed upon by team members after 2 appointments by course facilitator, then the course facilitator shall appoint said mediator to facilitate the proceeding. Team members will meet with the mediator, at a scheduled time online, who will listen to each side explain its position. Mediation is not mandatory and involves no formal procedures but team members are highly encouraged to participate and comply with any requests made by mediator in an effort to reach a voluntary agreement between team members. The mediator does not have the authority to render a binding decision or force parties to agree, unless all parties agree to be bound by the decision.
Should the mediation of the learning team fail, in whole or in part, any member may apply, in writing, to the course facilitator requesting said facilitator to act as a neutral arbitrator for final resolution within 24 hours of failed mediation. The arbitration will be conducted online before a sole arbitrator and decision rendered shall be final and binding on each of the parties.
References
Jennings, M. (2006). Business: It's Legal, Ethical, and Global...