Adr Clause

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ADR Clause for Learning Team Charter Paper

Bridget Burns

LAW/531 Business Law

Monica Cosentino-Benedict

June 21, 2010

Alternative Dispute Resolution (ADR) is a method of resolving disputes without the use of litigation. The types of ADR are negotiation, mediation, arbitration, conciliation, mini-trial, fact-finding, and using a judicial referee (Cheeseman. 2010. p. 43). All disputes within a Learning Team must be resolved by a type of ADR. The three types of ADR used in Learning Team resolutions are negotiation, mediation, and arbitration.

Negotiation is a procedure in which the parties to a dispute engage in talks to try to reach a voluntary settlement of their dispute (Cheeseman. 2010. p. 44). Negotiation occurs within the team. Team members discuss the issue, identify what is important, come up with solutions, listen to all involved, and attempt to reach a decision. Most learning team’s disputes are resolved using the negotiation process. Negotiations should be completed within 24 hours of dispute due to the tight time frame of a team project.

If a resolution cannot be made with negotiations, then the next step would be mediation. Mediation is a form of negotiation in which a neutral third party assists the disputing parties in reaching a settlement of their dispute (Cheeseman. 2010. p. 45). The mediator’s job is to facilitate settlement of the case not to make a decision on the outcome. The mediator is usually the class instructor. The mediator helps the Learning Team focus on the issues but makes no decision making. The mediator can share insights about an approach that the team may not have thought about and help them see a solution not discussed before. Mediation should be completed within 48 hours of the dispute due to tight time frame.

In arbitration, the parties choose an impartial third party to hear and decide the dispute (Cheeseman. 2010. p. 44). Arbitration is not used to resolve Learning Team...