...Resolution Clause for Learning Team Charter Business Law; Law/531 July 5, 2010 An alternative dispute resolution (ADR) is used in resolving disputes among individuals. The most common form of ADR includes arbitration, negotiation, mediation, conciliation, mini-trial, fact-finding, and judicial referee (Cheeseman, 2010). In the learning team environment conflicts and disputes among team members have the potential to occur. Because disputes need to be resolved within a timely manner to avoid falling behind in deliverables, an ADR clause may be necessary to help resolve conflicts and disputes. The purpose of this paper is to prepare an ADR clause conducive to a learning team environment. The ADR clause, disputes subject to an ADR, and provisions necessary to enable an ADR will be identified. Unresolved conflicts and disputes in a learning team environment are subject to the alternative dispute resolution clause. Conflicts and disputes can include lack of participation, lack of preparing and submitting required deliverables on time, violations of academic integrity, and the code of conduct including plagiarism, whether intentional, or unintentional (University of Phoenix, website, 2010). Team members will first attempt to resolve conflicts and disputes as a cohesive unit through communication and negotiation; however if team members are unable to resolve issues within a 24-hour period, the ADR clause will be implemented, and proceedings will begin. Team members will agree to...
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...ADR Clause for Learning Team Charter All disputes that arise within the learning team that cannot be resolved 24 hours after the dispute began will enable 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. Members’ personal conflicts which cause dispute within the learning team disabling productivity and efficiency will facilitate the ADR process. In the event a dispute shall arise between members of a learning team, the members agree 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. The mediation will involve each side of dispute communicating with an impartial person, to attempt to reach a voluntary agreement. Mediation involves no formal procedures and the mediator does not have the power to render a binding decision or force parties to agree. The team members which are involve in the dispute will not be forced to participate in the mediation process. In the event that the dispute is not settled during mediation, an arbitration clause will follow. If the dispute cannot be settled within 48 hours after the mediator has been appointed, the dispute will be referred and resolved through arbitration. This clause will be enforced for members who denied mediation and members who were...
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...ADR Clause For Learning Team Charter The Alternative Dispute Resolution (ADR) clause will be used as a last resort. In the event that a dispute cannot be resolved or settled in good faith, the Alternative Dispute Resolution (ADR) clause will be used. The dispute must be in reference to team forum participation, turning in assignments on the due date, group attendance, and disagreements with team members. All disputes that arise within the learning team that cannot be resolved 24 hours after the dispute began will enable ADR to occur. Personality conflicts that arise between team members will not initially be resolved through ADR. Members’ personality conflicts which cause dispute within the learning team and affects productivity and efficiency will facilitate the ADR process. In the event a dispute shall arise between members of a learning team, the members agree 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. Each side of the dispute communicates with the mediator to attempt to reach a voluntary agreement. Mediation involves no formal procedures and the mediator does not have the power to render a binding decision or force parties to agree. The team members who are involved in the dispute will not be forced to participate in the mediation process. In the event the dispute is not settled during mediation, an arbitration clause will follow. If the dispute cannot be resolved...
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...ADR Clause for Learning Team Charter Patrice Kabanga Business Law /531 February 14, 2011 Ayodeji Badaki ADR Clause for Learning Team Charter It is a fact that working in a team may sometimes be challenging. Considering team members’ individual differences or personalities, disputes may occur and are likely to negatively affect the entire team’s outcome. Since members affix their signatures on the Team Charter, they are held to comply with rules and regulations stipulated in it, and may get some benefits from the use of the Alternative Dispute Resolution (ADR) Clause in conflicts resolution. The Alternative Dispute Resolution (ADR) clause is enabled when members within the team cannot find resolution to any disagreement or dispute from any learning aspect in connection with failure to submit the team assignment or an individual portion of the assignment on the agreed deadline, non-participation during team meeting, thoughts discussions; as well as when any member within the team makes inappropriate comments against other members. The ADR Clause provision requires a wait period of 24 hours during which team members are supposed to settle the conflict on their own as members may possibly agree to a compromise when given time to do so. Team members and leader directly involved in the dispute will confer to promptly resolve this issue in good faith. If no resolution is reached during this 24 hours period, they agree to participate to a mediation...
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...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... Alternative Dispute Resolution (ADR) Clause for Learning Team can...
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...Running head: ADR CLAUSE ADR Clause for Learning Team Charter University of Phoenix Alternative Dispute Resolution (ADR) is a way of solving disagreements between two parties without using the court system. There are two major disadvantages of solving problems through litigation, one is it's very expensive and second it can take years before a decision is reached. The most popular ADR method is arbitration, other methods include mediation, mediation arbitration, mini trial, rent-a-judge, summary jury trials, early neutral evaluation, and peer review (Jennings, 2008). Arbitration is the most popular ADR, however, it can take as much effort and money as litigation. Asurvey of lawyers revealed 88 percent favorite ADR mediation (Jennings, 2008). Mediation is the best ADR method to use in a learning team setting. It solves conflicts between people and allows them interact. Under mediation, when people can't resolve their differences, a neutral mediator listens to both sides and tries to get the parties to agree on a solution. ADR Clause for Learning Team Charter will provide conflicts that can't be resolved within a 24 hour time period will cause the ADR to resolve the conflict. The conflict must be regarding a member not following the rules and regulations written in the learning team charter. When there is a problem or disagreement within the team, members agree to solve the problem through mediation. The mediator will be a neutral person selected by the remaining...
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...Learning Team ADR University of Phoenix Business Law Law/531 Learning Team ADR The learning team will use alternative methods to resolve learning team disputes. An Alternative Dispute Resolution (ADR) will provide the possibility of reaching a mutually agreed upon settlement. The Alternative Dispute Resolution means settling the dispute out of courtroom litigation process. The ADR provides flexible formal and informal means of resolving disputes in an economical way. Two of the most commonly used ADRs are arbitration and mediation. All disputes within the learning team will use the mediation process for resolution. The learning team charter that was set up in the first class must be followed as all team members discussed. The conflicts between the team members that effect the efficiency and productivity of the learning team will be subject to the ADR process. If a disagreement, dispute, or claim arises the team members should use their best efforts to settle the dispute. Any conflict that cannot be solved by the involved members will enable the ADR process after 24 hours. If a dispute arises between team members, they must participate in a mediation process with a neutral person appointed by the other remaining team members. If the dispute involves all of the learning team, a facilitator will be involved to appoint the mediator. The mediator will have confidential discussion with each involved member and will try to reach voluntary agreement. Mediation...
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...ADR Clause 1 ADR Clause Ka’tetcia D. Simmons Law 531 Professor Shanrika Hall April 18, 2011 ADR Clause 2 ADR Clause Individuals with different backgrounds, beliefs, and of differing opinions are asked to come together and work toward a common goal. With all of the diversity within learning teams, conflicts do arise. Each member must remain professional and respectful. Therefore, it is imperative to engage in some form of Alternative Dispute Resolution to handle disagreements. This review will focus on the types of Alternative Dispute Resolution (ADR), its provisions, and process to resolve disagreements among team members. Alternative Dispute Resolution (ADR) is what most businesses use to avoid or reduce problems (Cheeseman, 2010) that disrupt normal business operations. The same approach can be for learning teams. Many forms according to Cheesman include negotiation, mediation, conciliation, arbitration, mini-trial, fact-finding, and using a judicial referee. It is likely that one or more forms are used in any one conflict. The severity of the disagreement is what determines the form or type of ADR that can be used. Some circumstances that would cause a dispute enabling ADR to occur include lack of communication regarding late assignments. Some team members may not be able to contribute as others based either on their time zones, schedules, or system issues. It is for these reasons that the team must be notified about what is happening...
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...Working in teams can be easy or difficult. If the rules and instructions are clearly outlined, the team will have high performance and the leader will not need to get involved. An Alternative Dispute Resolution (ADR) clause is the most efficient way to resolve a dispute. According to Jennings (2006), alternative dispute resolution (ADR) offers parties alternative means of resolving their differences outside actual courtroom litigation and the costly aspects of preparation for it. An ADR clause can also be used by a learning team to resolve disagreements among members. I will outline an ADR in the clause, define disputes subject to ADR and identify provisions necessary to enable ADR to occur in a learning team. Dispute Resolution. Should the following disputes arise within the learning team (team member fails to submit an assignment or individual portion of an assignment by the predetermined deadline date, team member is not participating in group discussions, team member made offensive comments to other members and/or team member(s) have an internal conflict) that cannot be resolved 24 hours after the dispute began will enable ADR to occur. In the event a dispute shall arise between members of the learning team, the members agree to participate in a mediated negotiation with the professor of the course. Mediation will involve all learning team members and course professor. Mediation will not be formal and due to time constraints, various locations of members and online course...
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...ADR Clause for Learning Team Charter LAW/531 June 17, 2010 Ben Richardson ADR Clause for Learning Team Charter The Alternative Dispute Resolution (ADR) offers different methods of resolving disputes other than going to court. The learning team system at University of Phoenix offers such a diverse team background that the ADR clause is an appropriate tool needed in the learning team charter to help team members settle disputes when team members are not performing correctly (HG.org, 2010). Using the mediation process, the learning team can choose a neutral third party to assist in reaching a resolution. The mediator will not judge nor issue any rewards. The team charter is a single page document used as an agreement between team members that simply displays the rules, regulations, strengths and weaknesses, and an agenda on how the team members will follow through during the course (HG.org, 2010). The ADR will be applied to the learning team charter to help resolve any issues or disagreements pertaining to the team (Cheeseman, 2010). Many barriers a learning team will face can cause conflict. For example, each team member may have different work hours, time management, the division of work, contribution to the team and participation towards assignments (HG.org, 2010). These examples cause a conflict of interest and if repeated may cause the team to begin breaking down. The ADR clause will now become a factor on the course of action each team member can...
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...ADR ADR clause for learning team charter 1 ADR clause for learning ream charter: Adlan Oubouchou Law 531/Business Law Professor Michael Elia March 15,2010 ADR clause for learning team charter 2 ADR clause for learning team charter My ideal ADR clause will be based on four steps. 1- Preamble 2- Negotiation 3- Mediation 4- Arbitration Preamble The first step is the introduction of the problem or issue. We can call it the explanatory statement. The problem has to be stated and signed in a word document, APA format and signed by the entire team members. However before reaching to this point, rules have to be followed. 1- The problem shall deal with the course only and shall only involve plagiarism, cheating and false accusation toward a team or any team members. No personnel or other course issues shall be accepted. 2- Every team member has to vote based on yes or no. The approval will be based...
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...Learning Team ADR Chinyere A. Okoro Law/531 March 14, 2011 Dr. Judith C. Haggerty Learning Team ADR The Learning Team Charter is a contract developed by its members which sets expectations for behavior, participation and conflict managements in order to promote an effective learning environment and achieve the team’s objectives. However, conflicts may arise that cannot be settled among the team members alone, and in this case an Alternative Dispute Resolution is an effective way of resolving disputes among the group. Alternative Dispute Resolutions are typically used among individuals as a way of resolving disputes in order to avoid the lengthy and costly use of the court system. “The most common form of ADR is arbitration; other forms of ADR are negotiation, mediation, conciliation, mini-trial, fact-finding, and using judicial referee” (Cheeseman 2010, p. 43). In a learning team setting, one form of ADR that can be used for dispute resolution is Mediation. The purpose of this paper will be to prepare an alternative dispute resolution that can be used by a learning team to resolve disagreements, define which disputes are subject to ADR, and identify all provisions and information necessary to enable the ADR to function effectively. Alternative Dispute Resolution: Mediation Clause If disputes arise out of the following: A team member does not participate in team assignments and or, meetings; does not submit individual portions of team assignments...
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...ADR Clause for Learning Team Charter Paper Mohammed Hassan, Michael Marzilli, Laura Melberg, DeShawn Rivera, Vanessa Stricklin ETH/321 December 9, 2014 John Koenig ADR Clause for Learning Team Charter Paper The concept of teamwork helps on many levels, in order to get the work done in hopes of building a better business. Finding the best way to handle individual disputes on a personal and business level. The resolution may come in contact with some disagreements. The Alternative Dispute Resolution (ADR) would be something that we would have as a backup. When things are not going very well then this is when we can implement this, so things settle professionally. Courts aren't the only avenues to resolve disputes; ADR are on the horizon of many individuals and businesses to resolve conflicts and disagreements. According to Melvin P. Sean, (2011), the increased numbers of individuals and companies utilizing different means other than courts, such as ADR to resolve disputes is between 20 to 31 percent. Courts procedures are drawn-out and lengthy, and many believe the time spent in courtrooms, could be spent in other productive activities. In addition, courts litigation are publicly exposed which risks leaking out valuable businesses' formulas and information that’s as equally important as any tangible assets. Below is each of these methods, how they function and in what particular circumstances and atmosphere...
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...Alternative Dispute Resolution (ADR) Eric J. Cortes Cintrón University Of Phoenix LAW/531PR January 9, 2013 Prof. Paul Vilaró Nelms, Esq, CPA Alternative Dispute Resolution (ADR) The use of the court system to resolve business and other conflicts can take years and cost thousands, or even millions, of dollars in expenses and legal fees. To reduce these problems, businesses are increasingly turning to methods like Alternative Dispute Resolution (ADR) (Cheeseman, 2010). ADR typically refers to methods and processes of resolving disagreements or disputes that fall outside the judicial process or formal litigation at court. According to Cheeseman (2010): “The most common form of ADR is arbitration. Other forms of ADR are negotiation, mediation, conciliation, mini-trial, fact-finding, and using a judicial referee.” Our Learning Team will use arbitration. In arbitration, the team members choose an impartial third party to hear and decide the dispute. The arbitrator is the neutral party. In our class will be an academic advisor. Learning team agreements often contain arbitration clauses that require disputes arising out of the agreements to be to arbitration. The disputes subject to ADR are late submissions, team involvement, establishing and following guidelines that includes adhere to the goals and responsibilities’...
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...Learning Team Alternative Dispute Resolution (ADR) Clause Mariela Quinones LAW/531 Monday, April 5, 2010 Jonathan Jamieson Alternative Dispute Resolution (ADR) Alternative dispute resolution refers to a variety of methods in which conflicts and disputes are resolved without litigation. It is an alternative system that responds to the needs of parties involved in disputes. Some types of ADR are arbitration, mediation, medarb, minitrial, rent a judge, summary jury trials, early neutral evaluation, and peer review (Jennings, 2006, p. 111-119). These methods provide fast and effective results without the higher cost and long term of a litigation process. Learning Team Conflicts Conflicts, disputes, or disagreements among team members will be initially settle and handle through proper communication and negotiation between team members. ADR will be exclusive for those disputes and problems that can not be resolve in a timely manner and are affecting the team to achieve goals and deliver their projects. Some conflicts are necessary to bring new perspectives and different points of view among a diverse group of people. They enhance positive productivity, responsiveness, and effectiveness in achieving goals. Disagreements that are subject to an alternative dispute clause • Violation of conduct code. • Lack of participation. • Minimum communication. • Poor performance. • Negative attitude toward the team. • Late delivery of assignments...
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