ADR Clause
Any dispute, claim or controversy arising from or relating to the breach of the Learning Team Charter signed by all team members and outlining the expectations, proceedings and duties of each individual member shall be referred to and finally resolved by binding arbitration. Each party shall designate one impartial team member as an arbitrator. Either party may commence the arbitration process by posting a written notice for party 2 on the University of Phoenix’s course Learning Team Forum, setting forth the subject of the dispute, claim or controversy and the relief requested. Within three (3) days of the posting of a notice by party 1, party 2 shall deliver a written response at the same forum. The initial arbitration session shall be held within four (4) days of the posting of party 1’s written notice via Skype at a time agreed upon by both parties and the arbitrator. All team members agree to serve as arbitrators if selected by the disputing parties, if both parties select the same arbitrator, only one arbitrator will be present. In the event that a selected arbitrator becomes unable to serve, the party selecting that arbitrator will be required to select a substitute to their initial choice. Each party agrees that the decision of the selected arbitrator(s) will be binding and no other course of action will be available to the parties to resolve their dispute, controversy or claim. The final arbitration decision will be issued by the arbitrator(s) in no longer than fifteen (15) days from the initial notice posted by party 1, to allow proper functioning of the team and timely submission of the requested materials. Each party shall bear its own expenses and fees in preparing for and participating in arbitration. The selected arbitrator(s) shall not be paid any fees and will participate on a volunteer basis only. Arbitration shall be done in English.