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ADR Clause
LAW/531
Ben Waggoner
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ADR Clause
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
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,
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
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
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
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References