Business Law Adr Clause for Learning Teams Charter

Running head: ADR Clause for Learning Teams Charter

ADR Clause for Learning Teams Charter

LAW/531

May 22, 2010

Abstract

In this paper, I will attempt to prepare an ADR clause that may be used by a Learning Team in the program to resolve disagreements among members. I will attempt to include in detail, which disputes are subject to ADR. I will also include provisions that are necessary for the ADR to occur and work effectively (University of Phoenix, 2009).

Introduction

Alternative dispute resolution (ADR) is a popular option that allows businesses and people to resolve issues amicably without resorting to traditional litigations in a formal court of law (Superior Court of California, 2006). ADR can be faster and more economical and convenient way of resolving disputes than traditional litigation. The most common forms of ADR are Arbitration, Mediation and Case evaluation (Superior Court of California, 2006).

ADR Clause

Mediation, will be the form of ADR for all learning team disputes that cannot be resolved in good faith. Parties involved in conflict must submit to mediation as ADR process for resolution within 24 hours from the inception of the conflict. Qualifying disputes must be in reference to; disregard, disobedience, omission or commissions of acts or behavioral tendencies against and or not in harmony with the rules, policies, procedures, and, regulations documented in the learning team charter that has been approved through a consensus by all team members. Such qualifying event must be causing, contributing or possessing the likelihood of causing loss of productivity and or efficiency of the leaning team members and, or the team. Team members must be notified and submit to mediation within 24 hours of the said dispute if not resolved. A mediator, times for meetings and, length of sessions, must be approved by the team. If a resolution cannot be arrived at, then an external mediator approved by all parties will be sought.

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