Alternative_Dispute_Resolution_Clause

Alternative Dispute Resolution Clause University of Phoenix Business Law Law 531 Robert Reiner April 12, 2010 Alternative Dispute Resolution Clause Working in teams can be easy or difficult. When rules and instructions are clearly outlined, the team will have high performance and the leader will not need to get involved. An Alternative Dispute Resolution (ADR) clause is the most efficient way to resolve a dispute. According to Jennings (2006), alternative dispute resolution (ADR) offers parties alternative means of resolving their differences outside actual courtroom litigation and the costly aspects of preparation for it. I will outline an ADR in the clause, define disputes subject to ADR and identify provisions necessary to enable ADR to occur in a learning team. Before beginning this Alternative Dispute Resolution (ADR) clause mediation among all members shall attempt to settle all disputes or differences in good faith which arise between them. This clause to our team charter will outline the two acceptable methods. ( peer review, arbitration) The team will reference if the need arises for an ADR. The dispute must be in reference to members’ disregarding for the rules, regulations and provisions outlined in our learning team charter. If a personal conflict between team members cause disruption with the learning team’s productivity and efficiency then we will facilitate the ADR process. The total time allowed for the peer review will be 24 hours. Peer Review will be used in an effort to keep the conflict within the confines of the Team If there is a cause which cannot be settled within 24 hours of onset the situation will be escalated. The Peer Review Process will involve the two parties involved in the dispute and will have the team leader to represent them team members will be the neutral party. Each member will present their case and the Peer Review panel will deliberate and identify a possible solution. The second method will be Arbitration. The Arbitration Process will occur if the Peer Review process does not resolve. The Professor will be asked to serve as the Arbitrator. Since, the team members agreed that the arbitration process will be binding by accepting the Team Charter, the decision made by the arbitrator will be final. All of the evidence will have been gathered, the total time allowed for the arbitration process will be one day. References Jennings, M.M. (2006). Business: Its legal, ethical and global environment (7th ed.). Mason, OH: Thomson.