ADR clause
Lauren Waite
LAW/531
April 14, 2010
Ben Waggoner
ADR for a learning team
An ADR will occur if disputes arise between group members and it cannot be resolved within a 24 hour period. Disputes must involve an individual’s disregard for rules laid out in the team charter. Personal conflicts will only warrant an ADR to occur if they are severe enough to stop team productivity.
Types of ADRs
There are several different types of ADRS; two of them are arbitration and mediation. Arbitration can be binding or non-binding and is often expensive and time consuming. Mediation on the other hand is relatively inexpensive and saves time; this would be a better option for a learning team. Only if after mediation the two parties cannot come to a decision should arbitration be necessary.
How it will work
After a dispute occurs within the group members will submit to mediation. Both parties will tell their sides to an impartial mediator who will be choose by the other members in the group. Mediation involves no binding decisions and the mediator cannot force a decision, he merely trying to help the group members come to a decision they can both live with. In the case a mutual decision cannot be agreed upon team members must submit to arbitration. When this happens the former mediator cannot serve as the arbitrator, a new arbitrator will be chosen by those group members not involved in the dispute. The outcome of the arbitration will be binding and all group members must honor the outcome.