Adr Clause

Alternative Dispute Resolution Clause

Larry O. Boyd, Jr.

LAW/531 Business Law

October 25, 2010

Jonathan Warren

Alternative Dispute Resolution Clause

Learning teams in University of Phoenix graduate program will learn to use an Alternative Dispute Resolution clause in the learning team charter as advancement in the program continues. The purpose of the Alternative Dispute Resolution (ADR) clause is to resolve conflict, disputes and misunderstandings of the learning team charter in solving disputes in a peaceful and mature manner. Because graduates students do not have the time and money wasting on settling disputes in court, an ADR will provide more rapid aid in reducing time lost and adding productive results in the form of mediation negotiation.

Mediation negotiation takes a neutral third party person called a mediator to assist the disputing learning team members in reaching a peaceful agreement or settlement. The mediator will be a University of Phoenix instructor or a neutral third party that the team agrees upon before meeting to settle the dispute. The mediator’s role will be to question the facts between parties, clarify issues that arise and aid in exploring other options not presented at the time of the meeting. The mediator is not responsible for imposing a solution but can aid in finding a solution.

In the event that a dispute should arise among learning team members to the ADR clause, the learning team members agree actively to participate in the mediation process in accordance with the mediation procedures adhered in the learning team charter. The learning team members agree to share equally in the time spent in mediation. The mediation process shall be administered by (1) learning team members agree upon date and time of meeting; (2) designating the mediator (UOP instructor or staff member); (3) allow the mediator to choose the location of the meeting, and (4) the mediator does not have the power to enforce a binding...