Arbitration and Mediation Clause for a Team Charter

Arbitration and Mediation Clause for a Team Charter

  • Submitted By: jequtta
  • Date Submitted: 02/23/2010 4:51 AM
  • Category: Business
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ADR Clause for Learning Team Charter

Laura Henderson Dove


January 18, 2010

Rich D’Ambrosio

ADR Clause for Learning Team Charter

Learning teams are vital components in one’s learning process in the online learning environment. Accordingly, for learning teams to be conducive for positive outcomes and effectiveness, all team members must be productive participants. Moreover an alternative dispute resolution (ADR) is one way to ensure the learning team experience is a successful one. Arbitration and mediation are the two ADR processes for the team charter.

Arbitration/Mediation Clause for a Team Charter

Arbitration is an informal process for settling disputes and the arbitrator’s decision is usually binding. In the mediation process, the mediator’s goal is aid parties through exchange of information and exploration of interests as well as positions with the goal of enabling all parties to reach a mutual agreement themselves (Raisfeld, 2007).

Team members will aspire to inspire a shared vision. Some of these include (a) resolving conflicts and differences expediently by maintaining an open mind, (b) clearly define each member’s assignment and team expectations, and (c) promote learning in a non-judgmental environment. If any of the aforementioned elements become un-resolvable, the ADR process begins with mediation. A prior mediation agreement is established to conclude mediation is non- binding. The team members will chose a neutral mediator that will try to assist in aiding members to reach an agreement within two calendar days. Each of the team member’s concerns will be addressed. If an agreement is not reached, the arbitration process will begin. Consequently, the arbitration clause imposes that the parties agree at the time of contracting that any disputes will be submitted to arbitration. All decisions shall be resolved by binding arbitration by one arbitrator selected by team members (Jennings,...

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