Adr Clause for Learning Team Charters

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Date Submitted: 08/24/2010 10:32 PM

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Any dispute arising out of or relating to a Learning Team disagreement among members will be resolved in accordance with the procedures set forth in this assignment.

All parties shall attempt in good faith to resolve disputes arising out of or relating to disagreements among Learning Team members promptly by negotiation between members to settle the controversy. If the dispute is unresolved by negotiation, the parties shall settle the dispute by mediation. Both parties jointly designate a neutral mediator; however, if they cannot or do not wish to appoint a neutral mediator, they must agree upon the qualifications or attributes of the neutral mediator that can be appointed by the Director of Academic Affairs. Each party should ensure that the neutral mediator has the professional capabilities and experience needed to understand the various aspects of the dispute, can create an atmosphere of trust between the parties, and can encourage constructive discussions. Once the neutral mediator has been chosen, discussion takes place between the parties and the neutral mediator in order to reach a settlement. The neutral mediator does not issue a decision but attempts to get the parties to agree on a solution. Discussions among the parties and the neutral mediator can occur via a meeting, a telephone conference, or any other means. The neutral mediator chooses the place of any meetings to be held. The neutral mediator will also end the proceedings at anytime if the neutral mediator believes that it is not possible for the parties to arrive at an amicable resolution of their dispute.

Any dispute that has not been resolved by mediation shall be resolved by arbitration; however, arbitration should virtually never be used as a way to resolve Learning Team conflicts as it can destroy team morale. When the team is not willing to come to an agreement on its own, the parties agree to arbitrate. An arbitrator is appointed by the Dean of Academic Affairs and agreed upon by all...