Adr_Clause_for_Learning_Team_Charter

In the event of a dispute or disagreement between the Learning team members, the Alternative Dispute Resolution (ADR) clause will apply. Members of the Learning team are subjected to a non-binding mediation process before proceeding to any other types of ADR. A neutral mediator will be elected by the impartial members of the Learning team who are not directly involved in the dispute or the instructor may act as an unbiased mediator. The mediator is bound to information confidentiality and cannot act as a consultant for either team members, the mediator shall assist the disputing team members in coming to an agreement. “Unlike an arbitrator, the mediator does not issue a decision; the role of the mediator is to try and get the parties to agree on a solution.” (Jennings, 2006) Mediation process shall begin with written notice by either party to the other. The notice shall contain details of the dispute and document why the individual feel violated by the other team member. The disagreeing parties shall consult and negotiate with each other. The parties shall recognize mutual interest(s) and committed to reaching an agreement. If the disputing parties are unable to come to an agreement or refuse to participate in the mediation process the disputing team members are subjected to the arbitration process. The arbitration shall occur within the boundaries of the UoP. The arbitration process is initiated by filing a written demand with the University of Phoenix (UoP), which in turn will provide a panel of neutrals for the disputing members to select. The mediator must not be allowed to serve also as an arbitrator, the disputing team members shall select an arbitrator from the panel of neutrals provided by the UoP. The disputing Learning team members are given a chance to briefly present their statement, documents, evidence and witnesses relevant to the claim(s) or dispute(s). Any decisions pertaining to the dispute made by the arbitrator shall be final and binding.