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Adr Clause for Team Charter

Essay by   •  January 23, 2012  •  Essay  •  324 Words (2 Pages)  •  1,334 Views

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In the event that a dispute/conflict arises among the team members and cannot be resolved between the parties within 24 hours, the Alternative Dispute Resolution clause will be the last resort and will be called upon and enabled. The dispute can only be in reference to the team functions and includes, but is not limited to, turning in assignments on the proper due dates or as agreed upon, participation/attendance and disagreements with team members.

If a dispute cannot be resolved with the 24 hours and the ADR is enabled, the disputing members agree to participate in a mediation process. The mediator, a neutral person appointed by the remaining team members, will assist the disputing team in an effort to clarify the issue. Each member of the disputing team will interact and communicate with the mediator with the exclusive intention of reaching a voluntary agreement. The mediation process does not include any formal procedures and the mediator does not have the power to make a decision or an award, he/she will act as an intermediary between the parties to help facilitate the decision process. If the mediator proves to become bias and the majority of the remaining team members agree on this, the mediator can be replaced and another mediator can be appointed.

If an agreement is not reached within 24 hours after the mediation process started and the mediator was appointed, the dispute will be pushed to be resolved through arbitration. The arbitrator will also be an impartial third party appointed by all the team members, excluding persons with previous or current involvement in the dispute. The arbitrator's role will be to hear and decide the dispute and his/hers decision will be final and binding. If the arbitrator has concluded a decision, but a party refuses to concede by the arbitrator's decision, the other parties may take further actions into getting the faculty involved in enforcing the arbitrator's decision amongst all members of the team.

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