Adr_Clause

ADR Clause for Learning Team Charter Business Law November 25, 2008 Contract Agreement for All Learning Teams All learning teams should have no less than three and no more than six students on a team. All learning teams must have a leader and a sub leader who will stand in place or takeover if the leader is not available. The leaders must be voted in by all the team members of the learning team. (Majority Votes Wins) Each team member must take a personality and skills test to be considered candidates for the position of leader and sub leader. All learning team members will have 24hrs after the first assignment is issued to review the assignment. Then, the team will divide the assignment equally among each team members. Team members must submit all their assignments 48hrs before class to the team leader. Team leader is responsible for assigning task, updating, log and charter and submit it to the instructor before or on the date the assignment is due. He or she can ask for assistance from team members with this process. Team members must not submit any incomplete assignments and assignments must be related to the group work that was/were assigned. Team meetings are mandatory with the exception of one absence from a meeting. Meetings will be scheduled 24hrs in advance; team members must agree on one central location. Any team members that can not make a meeting must inform the team leader or sub leader 24hrs in advance. Team meetings can be conducted either via emails, call conferencing and face to face. All team members must respect their team mates and practice open communication so the team can function properly for great success. Mediation/Arbitration Clause If a dispute arises out of or relates to this learning team contract agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the University of Phoenix Student Council Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration or some other dispute resolution procedure. If they do not reach such solution within a period of 3 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by a binding arbitration administered by University of Phoenix Student Council Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules. [Thompson and Thompson, PC, 1996-2008, Arbitration, Mediation Clause] Learning Team Member’s Signatures, Date: _ X: _ X: __ X: _ X: __ X: _ X: __ Step Clause: Team members agree that any and all disputes, claims or controversies arising out of or relating to this Agreement shall be submitted to University of Phoenix Student Council Arbitration Association, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to University of Phoenix Student Council Arbitration Association, or its successor, for final and binding arbitration pursuant to the arbitration clause set forth above. Either party may commence mediation by providing to University of Phoenix Student Council Arbitration Association or the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with University of Phoenix Student Council Arbitration Association and with one another in selecting a mediator from University of Phoenix Student Council Arbitration Association panel of neutrals, and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its times. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, and by the mediator or any University of Phoenix Student Council Arbitration Association individuals, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or 3 days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. The provisions of this Clause may be enforced by any University of Phoenix Student Council Board Member. [Thompson and Thompson, PC, 1996-2008, Arbitration/Mediation Clause] Reference: Thompson & Thompson, PC, 1996-2008, Arbitration / Mediation Clause