Adr Clause for Learning Team Charter

ADR Clause for Learning Team Charter

William L. Bonom, Jr

LAW/531

March 7, 2011

John H. Norton

ADR Clause for Learning Team Charter

Before creating an ADR, the purpose and definition of what an ADR needs to be understood and discussed. An alternative dispute resolution system is alternative way to dispute a situation or in some instances a contract. There are two forms of alternative dispute resolution systems mediation and arbitration. Both are alternatives to solving a dispute and the parties hired to hear the dispute are indifferent third parties hired to rule on the dispute.

With an arbitrator, both parties choose their own arbitrator who in turn chooses the final arbitrator who will hear the case and a ruling is made. This is most effective when dealing with semi-cooperative parties. Mediation, on the other hand, occurs when both parties choose a mediator to settle his or her dispute. The mediator does not rule but tries to get the two parties to agree to a mutual beneficial solution (if possible). In short, the mediator mediates and the arbitrator arbitrates.

A Mediation Clause example is- Timely submission of assigned task - By executing this document, all parties (i.e. students) agree that any dispute connected with this Contract will be presented to a Mediator (i.e. the instructor) in an attempt for to harmonious settlement within the spectrum of the rules set forth by the Learning Team Charter.

A Mediation and Arbitration Clause example is- Timely submission of assigned task - By executing this document, all parties (i.e. students) agree that every dispute connected with the Learning Team Charter will be presented to a Mediator in attempt resolve the issue quickly. In the event an agreement cannot be reached within 3 days, the dispute at hand will be presented to an Arbitrator, who will rule in the matter.