Running head: ALTERNATIVE DISPUTE RESOLUTION (ADR) CLAUSE
Alternative Dispute Resolution (ADR) Clause
Stanley W. Tehee Jr.
Stuart J. Schwartz
LAW/532 Business Law
01 February 2008
Alternative Dispute Resolution (ADR)
If a problem occurs during the completion of course events it will be up to the learning team to decide what should be done about it. If one of the parties believes this to be the problem of an individual then the first step is to open dialog and start negotiations between the team members. If there is a dispute between two individuals of the team then mediation will be started. Finally if neither negotiations or mediation can resolve the issue then the class instructor will be used as and an arbitration will be started.
Negotiation
The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to learning team meetings or learning team work by negotiation. The parties further agree that their respective good faith participation in negotiation is a condition precedent to pursuing any other available dispute resolution.
Either party may commence the negotiation process by providing to the other party written notice, setting forth the subject of the dispute, claim or controversy and the relief requested.
The parties further acknowledge and agree that negotiation proceedings are settlement negotiations, and that, to the extent possible they will abide by the negotiated results.
If at anytime any member of the learning team feels that negotiations are not having a positive results, or that negotiations are not the correct vessel for positive results, then the class instructor should be notified and arbitration will be started.
Mediation
If two individuals of the learning team have a problem that they can not resolve then one member of the team can be picked by the both of them to be a mediator for the issue.
The parties agree to attempt to resolve any dispute, claim...