Alternative Dispute Resolution Clause for Learning Team Charter
Law531/ Business Law
February 15th, 2010
When working in team??™s difficulties such as; communication barriers, lack of participation, and poor organizational skills will arise, however, it is important to collectively resolve conflicts in a peaceful manner in order to succeed. Teamwork and unselfishness is the foundation of a great team and without them disputes may occur. Success stems from grounds rules being discussed and a combination of effort. (Sugarmen, 1997) If for any reason disputes amongst team??™s members occur; alternative methods of resolution will be implemented. The learning team will take full advantage of alternative dispute resolutions, and they will be used accordingly.
The advantage of using Alternative Dispute Resolution is that both parties seek to resolve disputes without resorting to litigation. (Jennings, 2006) This method is efficient in providing fast and productive results, therefore, eliminating team conflicts and confrontations. (Jennings, 2006) Any dispute, disagreement, or controversy arising out of team discussions, project goals, or team assignments will be settled by mediation. ???Unlike an arbitrator, the mediator does not issue a decision; the role of the mediator is to try and get the parties to agree on a solution.??? (Jennings, 2006) During the mediation process there will be specific guidelines to follow. Each opposing team member will sit with the mediator in an attempt to reach a voluntary settlement. The mediation process will be as follows:
All team members must be notified about the issue
Mediator must be selected by remaining team members
The mediator will facilitate and provide resolution options without out being bias
Time and date will be selected according to schedules and time zones
The mediator will listen, negotiate and attempt to settle the dispute within 48 hours
If the dispute cannot be settled by the elected mediator, then a UOP facilitator will be utilized
Mediation will only occur if team members cannot reach an agreement collectively. In order for mediation to work effectively each team member must be willing to resolve any issue or disagreement in a timely fashion. Each team member must work to meet individual and team goals in order to ensure success.
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