Alternate Dispute Resolution Clause

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Alternate Dispute Resolution Clause The Alternative Dispute Resolution that I have chosen to use to resolve a disagreement among the learning team members is mediation. Mediation is defined as a process in which the team meet with a neutral mediator who listens to each side explain its position( Jennings, 2006). The mediator is trained to get the parties to respond to each other and their concerns. The mediator assists in breaking down impediments and assist the team in reaching an agreeable solution In the mediation process the mediator does not issue a decision, his or her role Is to get the team to agree on a solution (Jenning 2006). Clause If a disagreement or controversy arises between the team members of the charter and it cannot be resolved within twenty four hours an Alternate Dispute Resolution (ADR) will be initiated. The members of the team charter agree to participate in a mediated negotiation with the assistance of a neutral person who will be appointed by the team charter. Each side will discuss its disagreement or matter of dispute with the mediator with the attempt to reach an understandable agreement. Mediation does not use formal procedures and the mediator does not have the power to render a binding solution or can force the team members involved in the dispute to agree. The team members involved in the dispute will not be forced to participate in the mediation process. If the dispute cannot be settled an arbitration clause will follow. This clause will be enforced for members who were not able to reach an agreement through

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