Adr Clause
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- Date Submitted: 03/15/2010 09:29 AM
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Before resulting or enabling the Alternative Dispute Resolution (ADR) clause, all members must make attempts to settle disputes or individual differences within the team environment, within 24 hours of the initial dispute. If there is no resolution reached within the specified time allotment, ADR process will occur. However, for this process to occur there needs to be continual disregard for the rules and regulations documented in the team learning charter. Another crucial factor is the effect of personal conflict. Personal conflict alone will not provide premise for ADR to occur. However, if the specified personal dispute causes a loss of productivity or efficiency, ADR will transpire.
In the event of an ADR process occurring, each member of the learning team must agree to participate in a mediated negotiation. This mediation must be conducted by a neutral person which is appointed by the remaining members of the learning team. As defined by Jennings (2006), within this neutral person listens to each side explain its position. They furthermore, break down impasses and work to have the parties arrive at a mutually agreeable solution (118). If a decision is not reached within three days, then the team must invest in a neutral mediator to facilitate an agreement and resolution. It is important to note that the mediation does not represent a formal procedure. Furthermore, the mediator does not have the power to present a decision or force the involved parties to agree. The mediator serves as an equal entity, assisting team members in agreeing to a solution, within seven days. At that time, if a resolution is not reached, the conflict will be resolved through arbitration. In the process of arbitration, the initial mediator may not serve as an arbitrator to escape the likelihood of bias being present. Furthermore, the role of the arbitrator will be decided by all team members, excluding those whom had previous involvement with the dispute. In the case...
In the event of an ADR process occurring, each member of the learning team must agree to participate in a mediated negotiation. This mediation must be conducted by a neutral person which is appointed by the remaining members of the learning team. As defined by Jennings (2006), within this neutral person listens to each side explain its position. They furthermore, break down impasses and work to have the parties arrive at a mutually agreeable solution (118). If a decision is not reached within three days, then the team must invest in a neutral mediator to facilitate an agreement and resolution. It is important to note that the mediation does not represent a formal procedure. Furthermore, the mediator does not have the power to present a decision or force the involved parties to agree. The mediator serves as an equal entity, assisting team members in agreeing to a solution, within seven days. At that time, if a resolution is not reached, the conflict will be resolved through arbitration. In the process of arbitration, the initial mediator may not serve as an arbitrator to escape the likelihood of bias being present. Furthermore, the role of the arbitrator will be decided by all team members, excluding those whom had previous involvement with the dispute. In the case...