ADR Learning Team Charter

1157 WordsFeb 15, 20155 Pages
ADR Clause for Learning Team Charter Paper ETH/321 12/8/2014 Timothy Morris ADR Clause for Learning Team Charter Our world is constantly moving, changing, evolving. We are all sorrowed by exceptional situations that impact our decisions. Those decisions will conduct to maybe bigger or smaller scenarios, but what is the right route to take? That is the real question. Alternative Dispute Resolutions (ADR) is any method of resolving disputes other than by litigation. Public courts may be asked to review the validity of ADR methods, but they will rarely overturn ADR decisions and awards if the disputing parties formed a valid contract to abide by them. The two major forms of ADR are arbitration and mediation; but we can also…show more content…
Should any member refuse to participate in the mediation that member’s action results in a lost position, and the dispute is then resolved. Mediation should not exceed one day. The team leader through directives from the instructor will facilitate the mediation in an attempt to resolve the dispute. Throughout the mediation each team member will be able to state their position and provide any supporting information on their behalf. After each team member has presented their supporting information in regards to the dispute, the instructor will rule on the dispute with the team leader serving as facilitator and witness. The instructor’s ruling is final and shall result in resolution of the dispute. Provisions for ADR to Function Properly There will be certain provisions and information necessary to enable the ADR in our clause. When a dispute arises, you do not always want to just jump straight into using the ADR. There are certain situations where the ADR might not even be necessary. Before the ADR is used, the two parties in the dispute will attempt to negotiate the dispute between themselves. Then they should decide if they can settle the dispute on their own or if they need to proceed with mediation. When it has been decided that mediation is necessary, the two parties will then have to decide on a
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