ADR clause for Learning Team Charter
The Alternative Dispute Resolution (ADR) means settling the dispute outside of the actual courtroom litigation process. The ADR provides flexible and informal as well as formal means of resolving disputes in economical way. The different types of ADRs are arbitration, mediation, medarb, peer review etc… All disputes within learning team will use mediation process for resolution. The dispute must be in reference to the guidelines set forth in the learning team charter. The conflicts between team members that affect the productivity and efficiency of the learning team will be subject to the ADR process. Any conflict that can not be solved mutually by involved members will enable ADR process after 36 hours. If dispute arises between team members, they must participate in a mediation process with a neutral person appointed by remaining team members. If the dispute involves all of the learning team members, a facilitator will be involved to appoint the mediator. The mediator will have confidential discussion with each involved member and will try to reach voluntary agreement. The mediation process will not be formal and the mediator does not have power to force the involved members to agree to a decision. If the dispute can not be settled through mediation process within 60 hours, it will be resolved through arbitration clause. This clause will be enforced for members who can not reach decision during mediation process. The arbitrator will not be same person as mediator and will be appointed by remaining team members and facilitator. The arbitrator’s decision will be final and binding. If the team members fail to proceed with arbitration, the peer review process will be used as final means of resolution. The peer review process will be formal and will involve submitting peer review forms. In summary, the learning team disputes will be resolved through ADR process that involve mediation, arbitration and peer review process....
References: Jennings, Marianne M. (2006). Business Its Legal, Ethical, and Global Environment (7th ed.). , : Thomson Learning Inc..
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