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Running Head: ADR CLAUSE

ADR Clause

Mark S. Watjen Jr.

LAW/531

December 20, 2010

Ben Waggoner
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ADR Clause

Each team within the University of Phoenix should be subjected to an alternative

dispute resolution clause. In the event that team members cannot settle a dispute with a

24 hour time period, the parties shall begin the ADR method. It is recommended to settle

any disputes with mediation, fact finding, and finally, arbitration.

Mediation is a negotiation between two parties using a neutral third party to assist

in the negotiations (i.e. the mediator.) The mediator has no say in the decision but is

normally an expert in the field relating to the dispute. This person is selected, or agreed

upon, by both parties. The mediator will meet with both parties together (and separately)

to discuss the strengths and weaknesses of the dispute. If no settlement can be reached,

the dispute will move on to the fact finding process.

Fact finding is similar to the mediation process. The parties employ a neutral third

party to investigate the facts of the dispute. This person can gather evidence, present the

evidence, and prepare reports of his findings. He is not in a position to make a decision

on the dispute; however, he can make a recommendation.

If there is no resolution after mediation and fact finding, the team will use

arbitration to settle the dispute. Both parties will choose an impartial third party to make a

decision on the dispute. This person is the called the arbitrator. Each party will meet at a

pre-determined time and place for the arbitration. Once there, they will call any witnesses

to give testimony, introduce evidence to support their case, and have an opportunity to

contradict the other party¶s argument. After listening to each party, the arbitrator will

review the dispute, make a final decision, and issue an award. This is a binding

arbitration and cannot be appealed.

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This is a three step process which should be suitable for a team environment. This

process is designed to save time and money enabling the students to quickly move

forward in the event that a dispute arises.

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References

Cheeseman, H.R. (2010). ï


 

   




 


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