Preview

Learning Team Charter Alternative Dispute Resolution Clause

Satisfactory Essays
Open Document
Open Document
329 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Learning Team Charter Alternative Dispute Resolution Clause
Learning Team Charter Alternative Dispute Resolution Clause The Learning Team will use alternative methods, when appropriate, to resolve Learning Team disputes. An Alternative Dispute Resolution (ADR) will provide the possibility of reaching a mutually agreed upon settlement (Townsend, 2003).

Learning Team ADR Clause

If a dispute, disagreement, question, or claim arises from or related to team assignments, team discussions, team goals, team members’ roles, the team members shall use their best efforts to settle the dispute. Team members shall consult and negotiate with each other in good faith and, recognizing the mutual interest in the Learning Team, attempt to reach an equitable and satisfactory resolution (Bawden, 2002). If the team is unable to reach a resolution with in 5 days, the team agrees to try to settle the dispute by mediation. If the mediation does not result in a settlement, the team members agree to settle the dispute by arbitration (Jennings, 2006). The team members agree to that any mediation and/or arbitration will take place on a date and set at a time for all team members to attend, and may be modified, if necessary, because of the different time zones team members are in. The team members agree to use the University of Phoenix class facilitator as the sole and exclusive administrator of any and all disputes that arise, including mediation or arbitration that becomes necessary (Townsend, 2003). Any resolution or decision agreed upon by the team members by mediation and/ or arbitration by the arbitrator will be final. This agreement shall be governed and interpreted in accordance to the policies of the University of Phoenix.

References:

Bawden, D. (2002). Making Alternative Dispute Resolution Work for You. Professional Remodeler. Vol 6 Issue 12, p45-47, p70.

Jennings, M. (2006). Managing Disputes: Alternative Dispute Resolution and Litigation Strategies. Business: Its Legal, Ethical, and Global Environment. p111-118, p130.



References: Bawden, D. (2002). Making Alternative Dispute Resolution Work for You. Professional Remodeler. Vol 6 Issue 12, p45-47, p70. Jennings, M. (2006). Managing Disputes: Alternative Dispute Resolution and Litigation Strategies. Business: Its Legal, Ethical, and Global Environment. p111-118, p130. Townsend, J. (2003). Drafting Arbitration Clauses: Avoiding the 7 Deadly Sins. Dispute Resolution Journal. Vol 58 Issue 1, p34.

You May Also Find These Documents Helpful

  • Good Essays

    Negotiation, mediation, and arbitration are methods to pursue in this case. Mediation is appropriate for this case because the mediator elevates the evidence to determine the best solution for both parties. The mediator promotes settlement for the case and indicates pointers to resolve the dispute. Cheeseman (2013) stated, “If the parties agree to a settlement, a settlement agreement is drafted that expresses their agreement. Execution of the settlement agreement ends the dispute. The parties,of course, must perform their duties under the settlement agreement. If an agreement is not reached, the parties may proceed to a judicial resolution of their case” (p. 54). “Litigation is a difficult, time-consuming, and costly process that must comply…

    • 604 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Law 531 Final Exam

    • 1213 Words
    • 6 Pages

    8) What is a form of alternative dispute resolution that is often used when the parties involved do not want to face one another?…

    • 1213 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    8) What is a form of alternative dispute resolution that is often used when the parties involved do not want to face one another?…

    • 707 Words
    • 4 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Hsc300 Unit 4

    • 588 Words
    • 3 Pages

    7. Dispute Resolution: Where and how disputes between parties will be resolved; with courts and arbitration will be used…

    • 588 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    This paper will discuss an alternative dispute resolution (ADR) clause that might be used by a Learning Team to resolve a disagreement among members. This paper will identify all provisions and information necessary to enable the ADR to occur and function effectively.…

    • 320 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Bus Law 531 Week 1

    • 676 Words
    • 3 Pages

    Business owners know that high ligation costs and lengthy delays make it difficult and expensive to resolve business disputes in court. Alternative dispute resolutions are superior solutions for resolving business disputes and are normally settled before trial, which saves significant time and money. Alternative dispute resolution can be achieved by several approaches, which may include negotiation, mediation, and arbitration. Traditional litigation resolves disputes in the civil court system in which one party loses and one wins. Although litigation and alternative disputes resolution both have advantages, alternative dispute resolution is generally faster and less expensive. This paper will compare and contrast the traditional litigation with nontraditional forms of alternative dispute resolution.…

    • 676 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Field Analysis 595 Week 2

    • 599 Words
    • 3 Pages

    References: Roy J Lewicki. Negotiation w/ Casebook, 6th Edition., 2010. Bookshelf. Web. 18 May 2013 http://devry.vitalsource.com/books/0077586786.…

    • 599 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Law/531 Adr Analysis

    • 637 Words
    • 3 Pages

    For many years, litigation has been the one thing in reference to the law that traditionally resolves lawsuits and disputes. There are many facts that need to be considered when one compares or contrasts traditional litigation methods to the nontraditional litigation methods (Alternate Dispute Resolution). Handled outside of litigation in court, ADR is a unique resolution. ADR’s types include “arbitration, collaborative law, mediation and negotiation. Conciliation is sometimes included as a fifth category” (Alternate Dispute Resolution Law, 2011).…

    • 637 Words
    • 3 Pages
    Good Essays
  • Better Essays

    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.…

    • 1151 Words
    • 5 Pages
    Better Essays
  • Best Essays

    Links for Business LAW

    • 204 Words
    • 1 Page

    Erickson, D. & Bowen, P. G. (2005/2006). Two alternatives to litigation: An introduction to arbitration and mediation. Dispute Resolution Journal, 60(4), 42-28.…

    • 204 Words
    • 1 Page
    Best Essays
  • Satisfactory Essays

    The court offers four different types of alternative dispute resolution which are arbitration, early neutral evaluation (ENE), Mediation, settlement conference with a magistrate judge. All of these types have pros and cons but ultimately the biggest con would be that regardless of these alternatives many cases continue to…

    • 924 Words
    • 4 Pages
    Satisfactory Essays
  • Satisfactory Essays

    An Alternative Dispute Resolution Clause will be created to identify what disputes are subject to resolution in learning teams. This clause will identify all provisions necessary to enable Alternative Dispute Resolution (ADR). The process needed in order for the ADR to work effectively.…

    • 387 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Litigation Law 531

    • 814 Words
    • 4 Pages

    Disputes are settled by various means every day. This paper will consider the process of traditional litigation and alternative dispute resolution in settling those disputes. Knowing the advantages and disadvantages is important when deciding what process to employ in settling a dispute.…

    • 814 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Team Paper

    • 860 Words
    • 4 Pages

    The objectives for week one was to understand the major components of the legal system and differentiate between legal forms of business. The other objective was to obtain a thorough understanding of alternative dispute resolution (ADR) including advantages and disadvantages. Team B has collaborated on the discussion questions listed below and will reveal the team’s findings and opinions throughout this paper.…

    • 860 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    There are many differences in the dispute resolution mechanisms between the 1999 Red Book and the NZS 3910:2003 Condition of Contracts. Figure 1 and Figure 2 shows the flow of structure for dispute in both 1999 Red Book and NZS 3910:2003. The figures show that the general flow path between the two acts is similar. For both acts, the engineer that is responsible for the contract is always the first person (party) to be referred to. If the engineer cannot solve the dispute, both acts recommend a method of dispute resolution (by a neutral third party) before referring to arbitration. Arbitration is the last method of dispute resolution that can be used for both acts, the decision from arbitration is call an award and binding and enforceable to both the clients and the contractors.…

    • 842 Words
    • 4 Pages
    Satisfactory Essays