Assignment 1: ADR Clause For Learning Team

ADR Clause for Learning Team Charter
Kimberly Lincoln, Adrian Torres, Amy Sorney, Victor Lewis
ETH/321
April 20, 2015
Timothy Morris
ADR Clause for Learning Team Charter
While courts provide an essential service to our society, there are times when taking an issue before a court is not the best option. Litigation can be costly and time consuming; which is why Alternative Dispute Resolution (ADR) has become a valued form of handling legal matters, as it can help resolve a case more quickly and economically (Alford & Kaufman, 1999). Understanding ADR involves recognizing its purpose, looking to see how it can be applied in a situation, and supporting and understanding the provisions for which an ADR can effectively take place.
Various
Forms of ADR
There are different types of alternative dispute resolution to consider when choosing this option. One type of ADR is mediation. In this process, the deliberating groups work with a third party that provides supervision over the matter and suggests solutions in order to reach an agreement (Arbitration and mediation, n.d.).
Mediators do not give a final verdict on the case, but only serve as a resource of understanding between both parties. In the case that there is not an agreement, the parties can look to other avenues to resolve the legal issue, whether that be another ADR option, or court. In the same manner, Arbitration also uses a third party to handle disputes. When each party agrees to arbitration, usually an expert in the field is called to facilitate the process. Their responsibility is to listen to what each side has to present, and based on the evidence and information, provide a verdict for the case. Some of these cases can be binding meaning that a decision made by the arbitrator is final. In any other instances, if the case is not binding, then either party has the right to go to court if the verdict is not satisfactory (Arbitration and mediation, n.d.). Sometimes I hybrid version of these two processes, known as Med-Arb, may be the best approach. At the beginning of the process a mediator is established, but if an agreement cannot be reached through mediation, then the mediator takes position as an arbitrator and imposes a binding decision for
the parties in order for a conclusion to be met. Another form in which both groups can handle their legal matters is by way of a mini-trial. In this method each party has a lawyer who presents their case to a panel of representatives that were chosen by both parties. The panel decides the outcome after hearing both sides. Then we have summary jury trial (SJT), which is like a mock trial with a verdict. The SJT is very similar to a mini trial except a SJT is ordered by the court, rather than the two parties. Another type of ADR is early neutral evaluation “usually occurs when a case has just been filed. The early, neutral evaluation may be conducted by a judge-appointed evaluator from whom provides parties learn insights about the case.” (Leshchinskiy, 2013). The last type of alternative dispute resolution is negotiation. In the outcome that either party does not want to pursue legal action, they can refer to negotiation. Negotiation is where opposing parties work together to come up with a compromise by negotiating with one another. This type of ADR would be beneficial to those working together in a learning team.

Learning Team ADR Clause
Alternative Dispute Resolution carries the primary benefit of saving time and money. In the process of establishing an ADR, the clause that is set needs to be appropriate to the situation. In the clause that we created for the team, we set out to develop one in the instance that a team member has neglected to participate as outlined in the Learning Team Charter. The following clause is appropriate for the agreement set forth in the Learning Team Charter:
If a dispute or breach of the agreement set forth in the Learning Team Charter should arise, the parties involved agree to use their best efforts to settle the dispute or rectify the breach of the agreement. The parties agree to negotiate these issues in a positive manner, in an effort to reach a mutually acceptable solution that will benefit all parties involved. As there is a limited amount of time each week to finish a Learning Team project, and the neglect of a project can result in unsatisfactory grades for each individual; it is understood by all parties that if an agreement cannot be made within a timely manner, respective to the time-sensitivity of the issue at hand, then the dispute shall be presented to the facilitator of the course as an expert evaluator to decide an appropriate solution.
Provisions for the Clause
In the case that an agreement is not reached, our provisions include the following:
Deliberate with team member: In the instance that the individual does not respond to the requests of the team or team leader to actively participate, it is required by a member to try and establish an alternative line of communication and resolve the matter directly to find out the reasons as to why the team member is not being cooperative. Alternative line of communications that should be attempted are; personal email, contact by phone, any other contact information provided.
Decide as a team: If no line of communication is established, the team has the authority to vote on an appropriate next step, based on a majority vote.
Record individual progress: If a team member continues to neglect proper participation, it is the responsibility of the team members to record and outline in a post what part or responsibility each individual has taken. This will accurately display proper credit to each of the team members who have contributed.
Report to teacher: In the continued complete absence of participation over the first two weeks, the team, or team leader has the authority to bring the issue to the attention of the teacher. The teacher can then recommend the appropriate next step for the learning team.
Conclusion
Alternative Dispute Resolutions offer valid options to settle disputes in ways that require less legal obligations and reduce financial stress, while providing efficient use of time and cost effectiveness.
The ADR Clause that has been presented for our Learning Team Charter illustrates how having an ADR can provide an efficient procedure for handling controversies that may arise when a team member decides to neglect proper responsibilities and participation with the group. When the provisions set forth are followed correctly, it can save the group time and stress, and allow a positive outcome for all of those
involved.

References
Helen, J. A., & Kathleen, C. K. (1999). Alternative dispute resolution: What is it? FICC Quarterly, 49(4), 433-440. Retrieved from http://search.proquest.com/docview/201084647?accountid=35812
Leshchinskiy, P. (2013). Legal Match. Retrieved from http://www.legalmatch.com/law-library/article/types-of-alternative-dispute-resolution-adr.html
Arbitration and mediation. (n.d.). Retrieved from http://adr.findlaw.com