Business Law Adr Clause

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ADR Clause for Learning Team Conflicts

Karen Rosner

University of Phoenix

Business Law/531

January 12, 2010

When working on a Learning Team, one will encounter a variety of personality differences, work styles, and differences of opinions. It is the ultimate goal of the members on the team to learn to look past those differences and find ways to work cohesively and productively as team. Most of those differences can be worked through among the members of the team without the need for outside counsel. However, it is essential that the team implement a contingency plan in the event that the conflict cannot be resolved amongst the group within a 48 hour time. It is in this instance that an ADR clause is created and used by the learning team so that the issue is handled in the most efficient manner.

One such conflict that may arise on a learning team is lack of communication or non-responsiveness from individuals on the team. When working on a group project, communication in a timely manner is always critical, especially when working in an online setting. If the conflict should arise that one member of the team is not contributing or responding to the other members, the ADR method to use would be mediation. According to Jennings, “Mediation is a process in which both parties meet with a neutral mediator who listens to each side explain its position. The mediator is trained to get the parties to respond to each other and their concerns. The mediator helps break down impasses and works to have the parties arrive at a mutually

agreeable solution” (2006, p. 117).

In the event that a mediator must be used, this person’s sole responsibility would be to bring all members of the team up to speed on the current conflict and ensure that the lines of communication were restored. The mediator would also address and help break down any barriers to group communication and assist the team members in...