Adr Clause Short Essay 5

Topics: Arbitration, Alternative dispute resolution, Contract Pages: 2 (350 words) Published: April 4, 2009
ADR Clause

Business Law 531

March 3, 2009

Veronica M. Moss
University of Phoenix
Professor: Benjamin Cormier

ADR Clause

Every dispute, disparity, or question which may at any time arise among the team members, relating to or taking place in regard to the functions of the learning team or any matter relating to the relations of the learning team members or the leadership of the learning team shall be sent to an appropriate arbitration party which shall be resolved by binding arbitration in agreement with the rules set forth. Both parties shall attempt to choose an equally adequate arbitrator that is well-informed regarding the issues corresponding to the subject matter contained in this clause. If both parties cannot agree on his or her choice of arbitrator, each party shall choose their own arbitrator and they shall then choose a new arbitrator. The arbitration shall take place at a mutually agreed upon location. Except as presented herein, no actions in regard to this dispute may be initiated until the matter has been presented to the arbitrator for mediation. Both parties shall oblige with the policies set forth and with one another in selecting the appropriate arbitrator and in scheduling the dealings of the arbitration. All parties involved shall take part in the process in good faith. All statements prepared in the due course of the mediation by any party shall be made available to the other party for assessment and shall remain confidential. Mediation may prolong following the conclusion of the arbitration if both parties agree. The arbitrator shall not have the ability, control, or privilege to modify, transform, amend, adjust, or edit from any provision within this agreement or to award disciplinary actions. The arbitrator shall have the ability to issue mandatory necessary orders in relation to the arbitration. The final decision submitted by the arbitrator shall be concluding and obligatory by all parties. The conformity to the...
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