An ADR (Alternate Dispute Resolution) Clause that may be used by a learning team to resolve disagreements among members may be initiated if a team member fails to submit the agreed upon work by the deadline agreed by the team, is not participating in the team discussion or is arguing with others in the team. The ADRClause is enabled when the team members state they can’t find a resolution to their issues. The ADR Clause has a provision that requires a wait period. The wait period will allow 24 hours for the team members to try to resolve the conflict on their own. Sometimes, members change their minds or agree to a compromise when given time to do so. If during this 24 hour period no resolution is reached, it will be brought to the attention of the professor who will serve as mediator.
The mediator has several options available to him or her to resolve the conflict. He or she can provide guidance and support to the team where they work through the issue, he or she can penalize the members individually for obstructing productivity of the team, and he or she can choose a different option that may change the learning team itself (e.g. by splitting the Learning Team). Although the mediator’s decision is not based on law as defined by Cheeseman (2010), the professor will work in good faith and to the best of their ability to help the learning team move away from the conflict and return to learning. The members of the team must comply with the decision made by the arbitrator for the ADR to work effectively.
Cheeseman, H. R. (2010). Business law; Legal environment, online commerce, business ethics,
and international issues (7th ed.). NJ: Prentice Hall. [continues]
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