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.
- 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.