Clause for Learning Team Charter
University of Phoenix
LAW/531
Alternative Dispute Resolution (ADR)
Clause for Learning Team Charter
For this week’s assignment and Alternative Dispute Resolution (ADR) clause will be used by the Learning Team members to resolve disagreements. The Learning Team Charter must be amended to include this ADR clause.
This ADR clause type will be “Negotiation”. This type of clause is the simplest form of “Alternative Dispute Resolution in engaging in negotiations between the parties to try to settle a dispute.”(Cheeseman, 2010). This type of ADR negotiates with the objective to reach a voluntary settlement of the dispute. In this situation, the parties, represented by fellow students, will negotiate to achieve a solution to contradictions or situations. Communicating and exchanging information will be provided to assist the counter part for an amicable outcome.
Negotiation is used in courts where the parties involved engage in settlements prior to trial and will only go to trial only …show more content…
if a settlement was not possible. When the settlement is possible through negotiation, a draft is made with the agreements made with the terms agreed upon. Parties will sign the agreement, afterwards it will be submitted to court, dismissing the case based upon the settlement agreement.
NEG 1 Students have agreed upon; all assignments will be distributed in equal shares to each student; each individual part of the assignment is to be delivered in a timely fashion; communication with team mates is necessary and mandatory; the method of meeting shall be discussed immediately after the distribution of the assignment to each student.
In the event of any disagreement, or question, related to this arrangement and agreement thereof, the parties (students) will use their best efforts to settle the disagreement. To the effect, they shall communicate, consult and negotiate with one another to attempt to reach an amicable settlement. If a solution is not reached upon the time prior to the next team assignment, all parties (students) must arrange a meeting to solve differences. The meeting shall be upon notice to all parties (students), to resolve the situation and or
differences.
References
American Arbitration Association. (2013). Drafting Dispute Resolution Clauses A Practical Guide. Retrieved from https://www.adr.org
Cheeseman, H. (2010). Business Law: Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues (7th ed.). Pearson Education, Inc. , : Pearson Education, Inc. .
PPPIRC. (). Example of an Alternative Dispute Resolution Clause. Retrieved from http://www.worldbank.org/pppirc