ADR Clause for Learning Team Charter
William Keith
University of Phoenix
Law 531
Mr. Glen Winters
ADR Clause for Learning Team Charter
When there is a dispute between team members that has not been resolved after 24 hours this ADR Clause will be enabled. The dispute must be in reference to members’ disregard for the rules and regulations documented in the learning team charter. When a dispute within the learning team causes a loss of productivity and efficiency this will facilitate the ADR process.
In the event a dispute shall arise between members of a learning team, the members agree to participate in a mediated negotiation with the assistance of a neutral person who will be selected by the remaining members of the learning team. The mediation will involve each member in the dispute communicating with an impartial person in an attempt to reach a voluntary agreement. This mediation involves no formal procedures. The mediator does not have the power to render a binding decision or force the team members to agree. “Unlike an arbitrator, the mediator does not issue a decision; the role of the mediator is to try and get the parties to agree on a solution.” (Jennings, 2006)
In the event that the dispute is not settled during mediation, an arbitration clause will follow. If the dispute cannot be resolved within 48 hours after the mediator has been appointed, the dispute will be referred and resolved through arbitration. This clause will be enforced for members who would not volunteer to participate in mediation and for members who were unable to reach an agreement through mediation. The mediator will be disqualified from being the arbitrator. The arbitrator will be selected by all team members, excluding persons with previous or current involvement in the dispute. The arbitrator’s decision shall be final and binding. If a member fails to participate in arbitration, challenges the decision made or fails to...