Adr Clause for Learning Team CharterAdr Clause for Learning Team CharterADR Clause for Learning Team CharterUniversity of PhoenixAlternative Dispute Resolution (“ADR”) processes are alternative methods of helping people resolve legal problems before going to court. According to ADR Center conflict management & dispute resolution (2007), ADR involves an independent third person, called a “neutral” who tries to help resolve or narrow the areas of conflict (ADR Clauses, para. 2). By using such a clause, the parties to the contract agree to an alternative resolution of future disputes. As with any clause, all parties must agree to it. The most commonly used ADR processes are mediation, arbitration, neutral evaluation, and settlement conferences. This paper will focus on a mediation clause to resolve dispute between members of team A. Since ADR process help people to resolve problems before going to courts, it can provide the benefit of saving time, money, preserve relationship and increase satisfaction (Kennen, 2008).
The following is a sample mediation clause used by team A: In the event a dispute shall arise between the parties of team A, the parties agree to participate in at least one hours of mediation in accordance with the mediation procedures of Team A. The parties agree to share equally in the costs of the mediation if applicable. The mediation shall be administered by one of the following choices: (1) designate at least one member of the team (2) provide a method of identifying a natural person outside the specific group but within the current class (3) allow the professor of the class to choose a neutral person to mediate the dispute. Mediation involves each side of a dispute sitting down with an impartial person,
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B. Induction of arbitration in case of dispute on the ground that the team did not act on its own with respect to a violation of these guidelines: (a) the team shall not award the disputed game for the period of 1 year after the date of the initial arbitration within the period of 8 years after the time at which the agreement in question was made known by a notice to arbitrators of the arbitrator or other court, or for the period of 4 years after the date of the initial arbitration within the period of 7 years thereafter, in the event that further arbitration is necessary by law to obtain an award of arbitrator’s final judgement of the dispute.
In case the team fails to act on its own when its actions were required, team A shall notify the arbitrator of that failure promptly of its action and shall enter into and award such arbitration at the sole discretion of arbitrator, upon its own initiative.
In the event of an arbitrator’s decision to award at least one season of arbitration, team A shall also immediately apply to the tribunal to determine the amount of damages awarded. If, after being served with notice of such a decision, A rejects the arbitration, team A may apply to the tribunal to determine whether a settlement has been reached for the remainder of the season. Should the tribunal refuse to give its decision before the start of the next season, team A shall not appeal to the court.
E. Induction of arbitration in case it was not possible or appropriate to have a team resolve the dispute or win both the season and the arbitration award for the season: (a) Team A may in its sole discretion arbitrate an arbitration award under these guidelines in accordance with the following conditions: (i) The arbitration award may be assigned to either contestant in respect of which the contestant has not participated in the season; (ii) it may be used under this section in the form of a lump sum payment, such that the payout of that lump sum is not in excess of the arbitration award awarded under the terms of the agreement and the amount awarded under the agreements
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B. Induction of arbitration in case of dispute on the ground that the team did not act on its own with respect to a violation of these guidelines: (a) the team shall not award the disputed game for the period of 1 year after the date of the initial arbitration within the period of 8 years after the time at which the agreement in question was made known by a notice to arbitrators of the arbitrator or other court, or for the period of 4 years after the date of the initial arbitration within the period of 7 years thereafter, in the event that further arbitration is necessary by law to obtain an award of arbitrator’s final judgement of the dispute.
In case the team fails to act on its own when its actions were required, team A shall notify the arbitrator of that failure promptly of its action and shall enter into and award such arbitration at the sole discretion of arbitrator, upon its own initiative.
In the event of an arbitrator’s decision to award at least one season of arbitration, team A shall also immediately apply to the tribunal to determine the amount of damages awarded. If, after being served with notice of such a decision, A rejects the arbitration, team A may apply to the tribunal to determine whether a settlement has been reached for the remainder of the season. Should the tribunal refuse to give its decision before the start of the next season, team A shall not appeal to the court.
E. Induction of arbitration in case it was not possible or appropriate to have a team resolve the dispute or win both the season and the arbitration award for the season: (a) Team A may in its sole discretion arbitrate an arbitration award under these guidelines in accordance with the following conditions: (i) The arbitration award may be assigned to either contestant in respect of which the contestant has not participated in the season; (ii) it may be used under this section in the form of a lump sum payment, such that the payout of that lump sum is not in excess of the arbitration award awarded under the terms of the agreement and the amount awarded under the agreements