ADR Clause for Learning Team Charter
August 13, 2010
This paper will pertain to alternative dispute resolution (ADR) clause that is going to used during the learning team process and possible other learning team members in the future of the program. Part of the Alternative Dispute Resolution (ADR) is making sure that the clause includes subjects that will cause the clause to make use to resolve disagreements among the team members. Should this Alternative Dispute Resolution (ADR) be used it will be the last solution just in case the dispute cannot be determine or settled in good faith. The Alternative Dispute Resolution (ADR) is going to be in position to the requirements of the team participation, group assignments, due date, group attendance and any disagreements among the team members.
ADR Clause for Learning Team Charter
Mediation is a form of negotiation in which a neutral third party assists the disputing parties in reaching a settlement of their dispute. Mediator is a neutral third party that is an expert in the area of the dispute, or a lawyer or retired judge.
According to this clause should a dispute take place among the learning team and as a group cannot come to some type of agreement by negotiation. The team will first try to straighten out the dispute by negotiation looking at different ways like mediation, litigation or some other form of dispute resolution procedures. At this meeting all parties involved (team members) shall decide in the same way. A contract will be present that shows the team charter steps causing to be useful and resourceful.
Should a dispute occur among the members of the team, it will be agreed that all members participate in a mediated negotiation with the instructor or another learning team member from another team to being a neutral individual. The mediator is going to be the communicator for both sides to try to reach some form of a chosen agreement. All the team members are told that the mediator has no official measures and no power required to give a binding decision or to coerce everyone to agree. For the rest of the team members that are involved will not be required to be part of the mediation process (Jennings, 2006).
Part of the dispute is to include the breach of the charter, disagreements, not completing the assigned task on time, and failure to show up for the group meeting without an explanation of why. When there are key points or problems that do not agree than it is given to the instructor to manage so that the team can come up with a solution. During this time, the team leader will serve as the mediator with a bias attitude and is there just to listen. At the conclusion of the mediation, the two individuals that are in dispute with each other and the mediator will come to sufficient decision that has been agreed upon. Should the issue not be resolved the mediator will take it to the instructor who will have the final decision along with the team charter for reference so the situation can resolved. In the event that the situation cannot be resolved in a time of 48 hours on the mediator level than the next step is to take it to the arbitration level.
Arbitration is a person that is an impartial third party who hears and decides the dispute. They fall under neutral and are part of the American Arbitration Association (AAA) or another arbitration association.
In the arbitration level, the clause will be enforced to those who have denied mediation and to those who could not come to an agreement during the mediation process. When the arbitration has been put into place, the mediator is not allowed to serve as an arbitrator in this process due to the information that was given during the mediation level. Each team member will appoint the arbitrator and those that were involved with the previous dispute will not be included. The University of Phoenix will be Alternative Dispute Resolution (ADR) place of the arbitration and the arbitration decision is confidential, final, and binding (Jennings, 2006).
With the team members, having control of the process and the outcome plays an important fact. The ADR clause allows the team members to expand, look for equally acceptable solution that works towards the goal of the learning team charter.
Jennings, M. M. (2006). Business It??™s Legal, Ethical, and Global Environment (7th ed.). Mason, OH: Thomas.