ADR Clause for Learning Team Charter Paper
Melissa D. Johnson
University of Phoenix
Business Law – Law 531
Instructor: Shannon Wall
August 10, 2009
ADR Clause for Learning Team Charter Paper
An Alternative Dispute Resolution Clause will be created to identify what disputes are subject to resolution in learning teams. This clause will identify all provisions necessary to enable Alternative Dispute Resolution (ADR). The process needed in order for the ADR to work effectively.
ADR Clause To be able to handle disputes in the learning teams types of ADR to be used will be arbitration and peer review. The team needs to pick one member to be the leader of the team. This member will be the arbitrator and can make binding or non-binding final decisions for the group. By having a designated arbitrator this will assure things work effectively. If the group doesn’t feel the decision is what is best for the team they may have a peer review to try to come to a better agreement. The following disputes will enable ADR; the dispute to remove someone from the group, the time line for an assignment and who will be responsible for what portion of the assignment. For ADR to be used someone must complain about a specific issue. When they make the complaint the appointed leader/arbitrator may make the decision then allow for a peer decision. If the decision is based on wanting to remove someone from the group due to not attending required times to forum or not turning in assignments in on time. The arbitrator can recommend non-binding recommendation but it must be a peer review decision. If members of the team are in disagreement on the due date of assignments then the arbitrator can make a binding decision on the due date of the assignment. The arbitrator can make the final decision if two people want to do the same portion of an assignment. The arbitrator can make a binding decision if even after a peer review an agreement can not be reached.
Conclusion
Through arbitration and peer review disputes can be handle and the best solution can be achieved. In learning teams those involved should be willing to come to an understanding and handle any disputes amicably.
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