Alternative Dispute Resolution (Adr) Clause
Alternative Dispute Resolution (ADR) Clause
University of Phoenix
LAW/531 Business Law
January 13, 2009
Alternative Dispute Resolution (ADR) Clause
Mediation and Peer Review are the methods to be used when controversies arise with in the team. The individuals will try to use these methods first before trying alternative resolutions. Types of dispute that are subject to alternative dispute resolutions include but are not limited to are lack of participation, amount contributed to projects, attendance and timely communication.
Individuals with a dispute will agree to the use of mediation or peer review process. The conditions are as follows. Persons involved will prepare a detailed summary of for review during the process of mediation. All individuals involved will agree the instructor will act as the mediator. The peer review will be comprised of a member from another team, a randomly chosen team member and a team member appointed by the instructor. All parties involved agree to accept the resolution of the method used.
The summary of the dispute or controversy must be prepared within 48 hours of mediation or peer review. The nature of dispute, supporting materials, and a resolution proposal must be included in the summary. The mediator will announce the time and place. During mediation, the mediator is to act as an unbiased neutral evaluator. The mediator does not issue the decision; the objective of the mediator is to assist both parties through impasses to an agreed resolution. If an agreeable solution is not met through mediation; the parties have the option for a peer review panel.
The peer review method will only be used after mediation. The peer review is to act as evaluators with the goal of reaching an agreeable solution. The prepared dispute summary and are reviewable by the peer review panel. Because the peer review panel is perceived as fair the process should produce an acceptable agreeable solution for the...
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