ADR Clause for Learning Team Charter
All disputes that arise within the learning team that cannot be resolved 24 hours after the dispute began will enable ADR to occur. The dispute must be in reference to members’ disregard for the rules and regulations documented in the learning team charter. Personal conflicts that arise between team members will not initially be subjected to be resolved through ADR. Members’ personal conflicts which cause dispute within the learning team disabling productivity and efficiency 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 appointed by the remaining members of the learning team. The mediation will involve each side of dispute communicating with an impartial person, to attempt to reach a voluntary agreement. Mediation involves no formal procedures and the mediator does not have the power to render a binding decision or force parties to agree. The team members which are involve in the dispute will not be forced to participate in the mediation process.
In the event that the dispute is not settled during mediation, an arbitration clause will follow. If the dispute cannot be settled 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 denied mediation and members who were unable to reach an agreement during mediation. The mediator will not be allowed to serve as the arbitrator in arbitration, due to possible bias being present because of intimate information received during mediation. The role of arbitrator will be appointed by all team members, excluding persons with previous or current involvement in the dispute. The arbitrator’s decision shall be final and binding. In the event that a member fails to proceed with arbitration, challenges the...
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