Alternative Dispute Resolution (Adr) Clause for Learning Teams

Recognizing and Minimizing Tort and Regulatory Risk

University of Phoenix
LAW/531

Recognizing and Minimizing Tort and Regulatory Risk Plan The purpose of this assignment is to prepare a plan that outlines how the regulatory risks such as tort liability can be identified and managed through preventive, detective, and corrective measures. The plan also clearly identifies common torts and other regulatory risks as found in the online Alumina Inc. simulation and the textbook. The also elaborates specific measures to manage each individual risk.
Need of ADR for a learning team ADR can be a less adversarial and hostile way to resolve a dispute among the members of a learning team. This can be an important advantage where the members have a relationship to preserve. ADR can help them find win-win solutions and achieve their real goals. This, along with all of ADR’s other potential advantages, may increase everyone’s individual overall satisfaction with both the dispute resolution process and the outcome. Disagreements within the team that are subject to the ADR clause are: • Non-participation or absenteeism of a team member. • Not respecting team members to include diversity of the team. • Unethical behavior such as plagiarism.
ADR Process All disputes that arise within the learning team that cannot be resolved 24 hours after the dispute will enable the ADR to occur. The dispute must be in reference to members’ disregard for the rules and regulations documented in the learning team charter. Personal conflicts that arise between team members will not initially be subjected to be resolved through ADR. However, in case when members’ personal conflicts within the learning team impacts and disables productivity and efficiency will facilitate the ADR process. There will be two ways of facilitating an ADR in the event of a dispute • Mediation - The have to participate in a mediated negotiation with the assistance of a neutral person who will be appointed by the remaining members of the learning team. Mediation is an informal process in which the parties discuss their dispute(s) in the presence of an impartial person, typically referred to as a neutral, who assists them in resolving the matter (Jennings, 2006). The neutral will be appointed by the remaining members of the learning team and any resolution must be acceptable and agreed upon by all the members of the learning team. This will involve no formal procedures and the mediator does not have the power to render the binding decision or force parties agree (Jams, 2006). • Arbitration - In the event that the dispute is not settled during mediation within 48 hours, an arbitration clause will follow and the dispute will be referred and resolved through arbitration. This clause will be enforced for members who denied mediation and were unable to reach an agreement. The mediator will not be allowed to serve as the arbitrator in arbitration, due to possible bias being present because of intimate information received during mediation. The role of arbitrator will be appointed by all team members, excluding persons with previous or current involvement in the dispute. The arbitrator’s decisions will be final and binding (Jams, 2006).

Conclusion ADR can be faster, cheaper and less stressful than a formal litigation. Most important, the use of ADR can provide greater satisfaction with the way disputes are resolved thereby enhancing conformity among the members in a learning team. By applying an ADR Clause to the learning team charter, team members will respect and trust each other more.

References
Jams, (2006). Guide to dispute resolution clauses for commercial contracts. Retrieved on December 19, 2008, from: http://www.jamsadr.com/

Jennings, M. M. (2006). Business: Its legal, ethical, and global environment (7th ed.). Mason, OH: Thomson

References: Jams, (2006). Guide to dispute resolution clauses for commercial contracts. Retrieved on December 19, 2008, from: http://www.jamsadr.com/ Jennings, M. M. (2006). Business: Its legal, ethical, and global environment (7th ed.). Mason, OH: Thomson