Alternative Dispute Resolution Clause for Learnig Team Charter

Alternative Dispute Resolution Clause for Learnig Team Charter
University of Phoenix
LAW/531PR Puerto Rican Business Law
December 09, 2013
Prof. Paul Vilaro Nelms

Alternative Dispute Resolution Clause for Learnig Team Charter
Working in a team may sometimes be challenging. Considering team members??™ individual differences or personalities, disputes may occur and are likely to negatively affect the entire team??™s outcome. The purpose of this paper will be to prepare an alternative dispute resolution that can be used by a learning team to resolve disagreements, define which disputes are subject to ADR, and identify all provisions and information necessary to enable the ADR to function effectively. Negotiation is the simplest form of alternative dispute resolution is engaging in negotiation between the parties to try to settle a dispute (Cheeseman, 2010). In a learning team setting, one form of ADR that can be used for dispute resolution is negotiation.
The Learning Team Charter is a contract developed by its members which sets expectations for behavior, participation and conflict managements in order to promote an effective learning environment and achieve the team??™s objectives. However, conflicts may arise that cannot be settled among the team members alone, and in this case an Alternative Dispute Resolution is an effective way of resolving disputes among the group.
Negotiate from resolving disputes involving the team members to agree Commitments. It is the reason for the diplomatic and should be resorted to when there is no higher authority that can resolve the disagreement, when there is no rule of law to regulate or means to enforce its application, when peaceful means fail, conflict resolution and when it is not possible or convenient to resort to use of force. Negotiation is not alien to the authority, right, or use of force, but replaces them. Moreover, the negotiation is the most natural and less dangerous to conduct relations between different international actors. International law is constituted as a body of law of great importance but is limited by the absence of an authority requiring compliance. Thats why they say that diplomacy and negotiations begin when the right and the negotiators should not place undue reliance on it. However it is essential when framing a negotiation process.
If a dispute arises within an active Learning Team, the members agree first to try in good faith to settle the dispute by internal team negotiation, if the dispute cannot be settled through internal negotiation within the team, the members then agree to allow the Team Leader of an outside team within the course to mediate the dispute. The final decision of the neutral party shall be upheld and mutually accepted among the Team Members.

References
Cheeseman, H. R. (2010). Business law: Legal environment, online commerce, business ethics, and international issues (6th ed.). Upper Saddle River, NJ: Pearson Prentice Hall.