Abstract
Learning team members at University of Phoenix may enter into disagreements among the learning team members. This paper prepares an Alternative Dispute Resolution (ADR) clause that can be used by any learning team in any course of the program, to resolve disagreements among the learning team members.
ADR Clause for Learning Team Charter
A learning team may encounter disputes among the learning team members due to the following reasons.
1. Disagreements over proper implementation of the project
2. Conflicts regarding the venue to take for the project
3. Insufficient contribution and participation by individuals
4. Irresponsibility of the individual team members
Whenever such disputes arise among the team members and are not resolved within 24 hours, an Alternative Dispute Resolution (ADR) will be initiated.
ADR can be viewed as the litigant-friendly adjudication body in any given economic setup. The usual law courts, with their procedural technicalities, are normally costly and function more slowly, contrary to the expectations of the litigants (Zekos, 2008).
ADR Clause-1 (Voting)
Voting shall be conducted among the team members. The solution that received approval from more than 50% of the team members shall be considered as an agreed upon solution. The solution shall be further communicated to the disagreeing members for their approval. The disagreeing members shall not be forced to accept the proposed solution. If 100% approval is not accomplished, and if the team has a neutral member, then an ADR Clause-2 shall be initiated.
ADR Clause-2 (Mediation)
A neutral person shall be nominated to mediate. The mediator shall not have power to render a binding decision or force parties to agree. All the members shall be required to participate in mediation. If the mediator fails in convincing the disagreeing team members for the agreed upon solution, then an ADR Clause-3 shall be initiated.
ADR Clause-3 (Arbitration)
In the event that...