Running Head: ALTERNATIVE DISPUTE RESOLUTION (ADR) CLAUSE
Alternative Dispute Resolution (ADR) clause
MBA LAW 531: Business Law
Alternative Dispute Resolution (ADR) clause
Alternative Dispute Resolution (ADR) is a progressively more accepted option that lets people to resolve disagreements outside of court in a mutual manner or also know as mediation. ADR can be quicker, cost effective and less demanding than going to court. Most significant, the use of ADR can offer greater agreement with the way disputes are resolved. (Lynch, 2001)
The following is a clause for a learning team to resolve disagreements among the learning team members:
Each member is to abide by the member code of conduct implemented by the organization. Each member is anticipated to complete his or her own task in a timely manner and to participate in the success of the team achieving their objectives. The team charter and logs are guides used to carefully help the team members with what their expectations are during the project. Each member is expected to contribute in the completion of both forms which will be used as a contract. Each member is expected to be ethical, respectful, and fair should a divergence arise.
If a disagreement is the linked to this contract, or the violation thereof, and if said dispute cannot be resolved through negotiation, the parties concur first to try in good faith to resolve the dispute by mediation. If the dispute fails to resolve after mediation. Then the team must adopt the method of medarb, the dispute should then go to arbitration under the Team leader.
The medarb clause follows:
If a dispute arises out of or relates to this contract, or the breach thereof, and if said disagreement cannot be settled by direct debate, the parties agree to first attempts to resolve the dispute in an agreeable manner by mediation administered by the elected team members, before resorting to arbitration. Subsequently, any unsettled controversy or claim...