Week_1_Law

ADR Clause for Learning Team Charter LAW/531 Holly Nowikowski July 27, 2010 Alternative dispute resolution (ADR) “refers to any method other than litigation for resolution of disputes” ((n.d). alternative dispute resolution (ADR). Retrieved from XRefer XML database.para. 6). In the beginning stages of working in a team, it is imperative to understand the cost effectiveness and efficiency that ADR can have on the dispute resolution process. The rules and instructions must be clearly stated in order for team members to be aware of their expectations from their team mates. ADR can assist a team in discovering a win-win solution and achieve their real goals. This, along with all of the other ADR potential advantages, may increase everyone’s individual overall satisfaction with both the dispute resolution process and the outcome. The proposal here in this ADR clause is to define what is determined to be a “disagreement” among team members. These key elements are: • Lack of participation and communication • Plagiarism or other unethical behavior • Disrespect of another team member In stating these key elements, it defines what is being determined as a “disagreement” among team members and is considered a means for mediation or fact finding before there is a reason to go further with the litigation process. Mediation is a method of resolving an issue before it needs to go any further; ie. trial. It often helps open up communication and dialogue between parties in order to see what the issues are. “The mediator often allows the parties to voice their position in a joint session before meeting privately to discuss settlement opportunities”( (n.d). Mediation. Retrieved from XRefer XML database, para.1). The mediator also educates the parties as to what to expect if they were to go forward through to the litigation process. Fact finding is another form of ADR in which we would follow if any team members were to come to a disagreement. Fact finding is “in which someone neutral to the active dispute (but possibly within the company) listens to the dispute and generates findings that can be used to resolve the issue” ((n.d). ADR: A New Tool for Employment Relationships. Risk Management, 34(12), 22. Retrieved from ProQuest: ABI/INFORM Complete database). All fact finding will be conducted by the professor of the course. The professor shall carry out an examination of evidence based on past posts, and Team Forums to determine how and what went wrong in the group. Evidence will be based on these posts, forums, and team members against said negligent team member. References ADR: A New Tool for Employment Relationships. Risk Management, 34(12), 22. Retrieved from ProQuest: ABI/INFORM Complete database. Alternative dispute resolution (ADR). Retrieved from XRefer XML database.para. 6. Mediation. Retrieved from XRefer XML database, para.1