Adr Clause Learning Team
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Running Head: ADR Clause for Learning Team Charter 1
ADR Clause for Learning Team Charter
Ikira Bouvia
LAW 531
April 12, 2010
Professor Leo Cook
ADR Clause for Learning Team Charter 2
ADR Clause for Learning Team Charter
ADR (Alternative Dispute Resolution) Process
Working in teams is one of the most difficult things to do. The best way to handle disputes that cannot be resolved among learning team members is through alternative dispute resolution (ADR). The dispute must be related to the members of the team in regard to the rules and regulations outlined in the team charter. Personal disputes that take place among the team members will not be handled using ADR. Personal disputes among team members makes for less productivity and efficiency will facilitate the ADR process.
When a dispute arises among team members within the learning team, the members should come to some form of agreement with the help of a mediator, who should be assigned by the rest of the team members. The mediator should allow each party to communicate their side of the story in order to reach a voluntary agreement. Mediation involves no formal procedure and the mediator does not have the power to make a binding decision or make both parties agree. The mediation process should not be forced on the team members that are involved in the dispute. In the case that the dispute cannot be resolved using mediation, then an arbitration clause will follow. If the dispute still is not resolved during mediation then it will be resolved through arbitration. The mediator cannot serve as the arbitrator as well, due to possible bias because of the information they received during mediation. The arbitrator has to be appointed by team members as well. The arbitrator will have the final and binding decision.
ADR Clause for Learning Team Charter
Ikira Bouvia
LAW 531
April 12, 2010
Professor Leo Cook
ADR Clause for Learning Team Charter 2
ADR Clause for Learning Team Charter
ADR (Alternative Dispute Resolution) Process
Working in teams is one of the most difficult things to do. The best way to handle disputes that cannot be resolved among learning team members is through alternative dispute resolution (ADR). The dispute must be related to the members of the team in regard to the rules and regulations outlined in the team charter. Personal disputes that take place among the team members will not be handled using ADR. Personal disputes among team members makes for less productivity and efficiency will facilitate the ADR process.
When a dispute arises among team members within the learning team, the members should come to some form of agreement with the help of a mediator, who should be assigned by the rest of the team members. The mediator should allow each party to communicate their side of the story in order to reach a voluntary agreement. Mediation involves no formal procedure and the mediator does not have the power to make a binding decision or make both parties agree. The mediation process should not be forced on the team members that are involved in the dispute. In the case that the dispute cannot be resolved using mediation, then an arbitration clause will follow. If the dispute still is not resolved during mediation then it will be resolved through arbitration. The mediator cannot serve as the arbitrator as well, due to possible bias because of the information they received during mediation. The arbitrator has to be appointed by team members as well. The arbitrator will have the final and binding decision.