ADR Clause for Learning Team Charter
Law 531 ??“ Business Law
University of Phoenix
All disputes that come up within the learning team will be subject to guidelines in this Alternative Dispute Resolution (ADR) clause if they cannot be resolved through a more casual conflict resolution. The learning team charter will be the governing document that outlines the rules and regulations of the learning team. The members of the learning team agree to participate in negotiation between the parties to try to settle the dispute.
Negotiation is an ideal form of ADR because it hopes to reach a voluntary settlement of the dispute, and does not involve other parties not involved with the dispute. If a settlement is agreed upon by both parties, there is no need for further action. However, if negotiation between the two conflicting parties does not come to a satisfactory resolution, the use of mediation will be implemented.
Mediation consists of a neutral third party that assists in reaching a settlement of the dispute (Cheeseman, 2010). The mediator will be chosen by the team, and agreed upon by all members in the dispute. Generally, this will be the course instructor, because he is the person who is most knowledgeable in the course. The mediator does not have the power to enforce a decision, but will encourage settlement of the dispute based on the strengths and weaknesses of each side??™s case (Cheeseman, 2010). Once a settlement has been agreed upon by both parties, then the settlement will be binding and enforced.
Cheeseman, H.R. (2010). Business Law:? Legal Environment, Online Commerce, Business Ethics, and International Issues? (7th ed.). Upper Saddle River, NJ: Pearson Prentice Hall.