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Learning Team Alternative Dispute Resolution (ADR) Clause
Leonard Anthony
Law/531
July 26, 2010
Kathleen Butler
Learning Team Alternative Dispute Resolution (ADR) Clause
Alternative dispute resolution refers to a variety of methods in which conflicts and disputes are resolved without litigation. It is an alternative system that responds to the needs of parties involved in disputes. Most commonly used alternate dispute resolutions are negotiation, arbitration, and mediation. These methods provide fast and effective results without prolonging the dispute.
If a dispute or breach of team learning charter occurs, all members of the team agree that problems will be resolved first by negotiation between the members. If negotiation fails, the members will result to mediation. If mediation is unsuccessful, the dispute will then go to arbitration. All members agree that the decision made by the arbitrator is a binding decision.
Team members will have 24 hours to negotiate a resolution to problem. Members agree to negotiate with each other, “in good faith, and recognize that the team has a mutual interests, attempt to reach a just and equitable solution satisfactory to both parties” (American Arbitration Association, 2010). If members cannot come to a negotiated solution, they will turn to mediation.
Mediation will take place one hour before class at the site of the class and for online students it will take place in the group’s classroom at a designated time by mediator. The mediator will be chosen by the following factors: The most senior member in attendance at University of Phoenix or the oldest member of the team. If mediation is unsuccessful, the dispute will be solved by arbitration.
The arbitrator will be the class instructor. Team members have the right to submit any evidence that supports their point of view. Arbitration will take place at the designated time of the instructor preferable before class or after class. All...