Alternative Dispute Resolution Clause
The purpose of the Alternative Dispute Resolution (ADR) Clause in the Learning Team Charter is to provide team members a process to resolve conflict internally before involving anyone from the outside. There are several types of disputes that can occur, this clause dictates the steps necessary for resolution.
Disputes that arise will be resolved through mediation. In mediation a neutral third party assists disputing parties in reaching a settlement (Cheeseman, 2010). As agreed by both parties the neutral third party will be member of the class outside not on the disputing team. The neutral third party will act as an intermediary between the disputing parties pointing out strengths and weakness of both party’s arguments. The mediator will encourage settlement after all facts have been discussed; once a settlement is reached the dispute is considered ended (Cheeseman, 2010).
Mediation is to be used for all disputes that arise in the learning team environment. These disputes include, but are not limited to: 1) selection of a team leader, 2) assignment of duties, 3) disagreement on project content, 4) unfair workload, and 5) team deadlines.
Filing a Dispute
Once both parties have agreed the dispute cannot be resolve internally mediation is requested. A request for mediation form needs to be filled out and sent to the agreed upon mediator. The form includes the names of disputing parties, what the dispute is about, and all facts pertaining to the dispute. The mediator will use this to assist in the mediation process. The mediator has 24 hours to review the form, request additional information from each party, and present possible solutions.
Upon receipt of possible solutions the disputing parties has 24 hours to review and select the resolution that will best meet the needs of the team. If no resolution is reached within 48 hours the professor will be involved....