Adr Clause

ADR Clause for Learning Teams

Working in teams can prove to be difficult at times; therefore, expectations should be outlined, discussed and agreed upon before the group begins any projects in an attempt to ensure quality productivity and efficiency. There should also be a backup plan in place. An alternative dispute resolution (ADR) is a method “by which legal conflicts are resolved privately” and can be used to solve any conflict that may arise (Duhaime, n.d.). As time progresses, the use of an ADR is becoming more popular because proceeding in court is more expensive, time consuming and extremely stressful. An ADR “offers parties alternative means of resolving outside actual courtroom litigation” (Jennings, 2006). In the end, it can provide greater gratification if both parties are able to compromise and come to an agreeable conclusion.

In the event that a dispute should arise between members of the learning team that cannot be resolved within 24 hours of the dispute commencement, affiliates agree to participate in mediation to resolve the dispute. Disputes include:

 A team member failing to complete or turn in an assignment or any portion thereof, by the prearranged deadline date

 Team member not partaking in class/group discussions

 Team member’s disrespectful behavior toward another teammate by either making comments or gestures

 Disregard for rules and regulations outlined in the team charter

 Any other conflict that creates discord between group members

The internal mediator will be appointed by the remaining teammates. The mediator’s duty will be to facilitate, question, analyze and define issues to assist the person’s involved and examine various options in finding a solution. A time and date must be set in order for all members to attend. The internal mediator will listen to team member’s arguments and try to negotiate an arrangement. If the members and mediator cannot arrive at a happy medium, then an outside mediator,...