Alternative Dispute Clause

Learning Team Alternative Dispute (ADR) Clause
The Learning Team is firmly committed to using alternative methods for resolving disputes in all team activities, where appropriate and feasible. Each team member understands the purpose of the team, and is responsible for adhering to the ground rules outlined in the Team Charter. Personal conflict disputes that are disabling the productivity and progress of the team will be subject to the defined ADR process.
In the event a dispute shall arise between members of a learning team, members involved in the dispute will be required to participate in the mediation process with the help of a neutral party. The remaining team members select the mediator. The mediator??™s responsibility will be to ensure that each person is heard; the discussion is controlled and assists with reaching a voluntary agreement. The mediation process is not formal and the mediator does not have the authority to force parties to agree. The mediation process for the Learning Team is:
??? Each member of the team is notified of the current or potential dispute issue.
??? Remaining members of team will select a mediator.
??? The mediator selection is based on proven expertise in negotiation constructively, efficiently and productively. The mediator will be a good communicator in speaking, listening, and nonverbal communication.
??? All team member will agree on a time and date for the mediation process (modifications and flexibility may be necessary because of different time zones and work schedules).
??? Mediator??™s role will be to facilitate, question, clarify issues and help the members explore options to reach a solution, but will not impose a solution.
??? Mediator will try to negotiate an agreement amongst members.
Unlike an arbitrator, the mediator will not issue a decision; the role of the mediator is to try to get the parties to agree on a solution. Mediation is completely confidential. If the dispute is not settled and a satisfactory resolution reach within 48 hours after the mediator has been appointed, the dispute will be referred to the University of Phoenix Facilitator or instructor. The facilitator or instructor??™s decision shall be final and binding.