Alternative Dispute Resolution

ADR Clause for Learning Team Charter 

Kenneth W. Wright, Jr

University of Phoenix

2/14/11

Disputes are a part of everyday life. In society, we tend to try our best to deal with disputes in a civilized manner. Alternative Dispute Resolution (ADR) methods are some of the ways we accomplish this task.

At University of Phoenix, we use learning teams to help students to complete assignments and learn to collaborate in a team setting. While in these learning teams, individuals may have disputes on certain topics. I feel the ADR method that would best allow team members to settle disputes would be mediation. Mediation is the form negotiation in which a neutral party assists the disputing parties in reaching a settlement of their dispute. The neutral third party is called a mediator. (Chessman, 2010) By using an internal mediator, we can avoid using outside council. If two team members get into a dispute, they can try to appoint a third team member as mediator or the remaining team member may choose a mediator. The mediator will meet with the disputing parties via chat room or phone, and hear both parties argument. A mediator’s role is to assist the parties in reaching an agreement. (Chessman, 2010) Since the mediator does not make a judge, it will be up to the two parties to reach a settlement on the issue.

If the mediator and the two parties are unable to settle the dispute, we will ask the instructor to play the role of Arbitrator. As an Arbitrator, the instructor will be able to hear both sides of the argument and then, make a decision on the issue based on the information presented. But, all team disputes should be attempted to be resolved within the team before ever presenting the instructor with the issue.

Reference

Cheeseman, H.R. (2010). Business law: Legal environment, online commerce, business ethics, and international issues (7th ed.). Upper Saddle River, NJ: Pearson Prentice Hall