Running head: Alternate Dispute Resolution Clause
Alternate Dispute Resolution Clause
Vijayeta Chandran
Business Law LAW / 531
Ginky Torres, J.D.
November 22, 2008
Abstract
In any class setting, disputes can arise between students, students and instructor, instructor and management and between student and management. The worst that can happen is the issue being taken to court. Now days, the court system is so overburdened with complexity and lawsuits. Under such a scenario, an alternate dispute resolution (ADR) aids as a means of settling disputes outside of the courtroom.
Learning Team Alternate Dispute Resolution Clause
Should any dispute between team members arise at any time that could include, but are not limited to, factors such as individual preparation and performance, creativity, punctuality, attendance, communication gaps within the team, the attempt to resolve any claim for breach shall be executed as follows:
(A) In the event of any dispute, the primary resolution shall be negotiation with dialogue between the concerned parties. To initiate the process, the student shall submit written notice to other student and a copy of the notice shall also be given to all other representatives of Learning team.
(B) In the event that the dispute was not negotiated within 7 days, the students shall be subject to mediation if all of them agree thereto. If the parties mutually agree to submit to mediation, the selected Team Lead shall administrate the issue. The Team lead and the disputing students can discuss the issue collaboratively and agree upon a solution within the next 7 days.
(C) In the event that the disputing students are unable to resolve their conflict through mediation, a second-level mediation will be initiated and governed by the Instructor assigned to the respective course. The instructor helps break down impasses and works to have the parties arrive at a mutually agreeable...