Business Law

Running Head: ADR Clause

ADR Clause

Teneka Payne

Law/531

University of Phoenix

January 26, 2011

Dr. John Halliburton

Mediation:

1. In the event a dispute shall rise between the learning teams of the University of Phoenix; the parties agree to attempt to resolve any dispute, claim, or controversy arising out of this agreement by mediation. In the event the learning teams cannot use effective communication to resolve the dispute, claim, or controversy, then the parties will agree to four hours of mediation with the current class facilitator from the University of Phoenix. In accordance with the mediation procedures of the United States Arbitration and Mediation, the parties further agree that their respective good faith and participation excuses them from any additional proceedings or lawsuits.

2. Either party may initiate the mediation process by providing the other party written notice in person or by means of email with all parties included in the email. Because all parties and facilitator are fulltime working individuals, the initiating party must give sufficient notice of proceedings.

3. The parties further acknowledge and agree that mediation proceedings are settlement negotiations, and that, to the extent allowed by applicable law, all offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties shall be confidential and in admissible in any arbitration or other legal proceeding involving the parties; provided, however, that evidence which is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.

Reference:

United States Arbitration & Mediation, 2001. Sample Mediation Clause. Retrieved on January 23, 2011 from http://www.usam.com/services/med_clause.shtml