...Alternative Dispute Resolution (ADR) Clause Cynthia Yvette Bevel LAW/531 August 9, 2010 Michael Carrozzo Abstract A Lawsuit through the court system to resolve disputes can result in a significant amount of time lost in addition to extensive litigation cost. Some businesses avoid costly litigation by opting to resolving disputes through Alternative Dispute Resolution (ADR) and other aids. When teams have disputes among members, an Alternative Dispute Resolution (ADR) Clause would be an effective tool in resolving conflict with minimal impact or disruption. The most common form of ADR is arbitration. However, other forms are negotiation and mediation. Arbitration Arbitration is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons, by whose decision they agree to be bound. When a dispute arises within a learning team, arbitration is used when the arbitrator is brought in to resolve a dispute. This usually resolves disputes in a timely fashion because the arbitrator renders a decision based on facts. Negotiation Negotiation is a procedure whereby the parties to a dispute engage in negotiations to try and reach a voluntary settlement of their dispute. (Source: LAW/531 – Chapter3: Judicial, Alternative, and Online Dispute Resolution). This is the simplest form of the ADR in which the teammates would negotiate before approaching any other forms. Mediation Mediation is a form of...
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...ADR Clause for Learning Team Charter Paper Mohammed Hassan, Michael Marzilli, Laura Melberg, DeShawn Rivera, Vanessa Stricklin ETH/321 December 9, 2014 John Koenig ADR Clause for Learning Team Charter Paper The concept of teamwork helps on many levels, in order to get the work done in hopes of building a better business. Finding the best way to handle individual disputes on a personal and business level. The resolution may come in contact with some disagreements. The Alternative Dispute Resolution (ADR) would be something that we would have as a backup. When things are not going very well then this is when we can implement this, so things settle professionally. Courts aren't the only avenues to resolve disputes; ADR are on the horizon of many individuals and businesses to resolve conflicts and disagreements. According to Melvin P. Sean, (2011), the increased numbers of individuals and companies utilizing different means other than courts, such as ADR to resolve disputes is between 20 to 31 percent. Courts procedures are drawn-out and lengthy, and many believe the time spent in courtrooms, could be spent in other productive activities. In addition, courts litigation are publicly exposed which risks leaking out valuable businesses' formulas and information that’s as equally important as any tangible assets. Below is each of these methods, how they function and in what particular circumstances and atmosphere...
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...ADR Clause for Learning Team Charter LAW/531 June 17, 2010 Ben Richardson ADR Clause for Learning Team Charter The Alternative Dispute Resolution (ADR) offers different methods of resolving disputes other than going to court. The learning team system at University of Phoenix offers such a diverse team background that the ADR clause is an appropriate tool needed in the learning team charter to help team members settle disputes when team members are not performing correctly (HG.org, 2010). Using the mediation process, the learning team can choose a neutral third party to assist in reaching a resolution. The mediator will not judge nor issue any rewards. The team charter is a single page document used as an agreement between team members that simply displays the rules, regulations, strengths and weaknesses, and an agenda on how the team members will follow through during the course (HG.org, 2010). The ADR will be applied to the learning team charter to help resolve any issues or disagreements pertaining to the team (Cheeseman, 2010). Many barriers a learning team will face can cause conflict. For example, each team member may have different work hours, time management, the division of work, contribution to the team and participation towards assignments (HG.org, 2010). These examples cause a conflict of interest and if repeated may cause the team to begin breaking down. The ADR clause will now become a factor on the course of action each team member can...
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...Alternate Dispute Resolution (ADR) Clause for Learning Teams Cynthia Jordan LAW/531 April 26, 2010 Teresa Knox Alternate Dispute Resolution Clause for Learning Teams If a dispute arises in the learning team and cannot come to a settlement through negotiation. The team should first try to settle the dispute by negotiation before mediation, litigation, or some other dispute resolution procedure. The parties agree to convene the mediation in the Learning Team room. The consequences for the mediation will be determined equally by the team members. Learning teams have a contract known as the team charter that will disclose the steps of being effective and resourceful. The learning team is should communicate, collaborate, and generate ideas to achieve success. Mediation can be used in any learning team throughout the program. Mediation is confidential, less expensive, and agreeable resolution between team members involved (Jennings, 2006). The disputes that subject to ADR include: breach of charter, disagreements, not completing an assignment on time, and failure to show up during meeting times. Major concerns or issues should be discussed among the team members unless there is not a feasible agreement, then turn it over to the instructor. The instructor is only there to oversee the learning team and help come up with a solution. Provisions necessary to enable ADR to occur will include: mediator, team members with dispute, team charter, and meeting room...
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...ADR Clause 1 ADR Clause Ka’tetcia D. Simmons Law 531 Professor Shanrika Hall April 18, 2011 ADR Clause 2 ADR Clause Individuals with different backgrounds, beliefs, and of differing opinions are asked to come together and work toward a common goal. With all of the diversity within learning teams, conflicts do arise. Each member must remain professional and respectful. Therefore, it is imperative to engage in some form of Alternative Dispute Resolution to handle disagreements. This review will focus on the types of Alternative Dispute Resolution (ADR), its provisions, and process to resolve disagreements among team members. Alternative Dispute Resolution (ADR) is what most businesses use to avoid or reduce problems (Cheeseman, 2010) that disrupt normal business operations. The same approach can be for learning teams. Many forms according to Cheesman include negotiation, mediation, conciliation, arbitration, mini-trial, fact-finding, and using a judicial referee. It is likely that one or more forms are used in any one conflict. The severity of the disagreement is what determines the form or type of ADR that can be used. Some circumstances that would cause a dispute enabling ADR to occur include lack of communication regarding late assignments. Some team members may not be able to contribute as others based either on their time zones, schedules, or system issues. It is for these reasons that the team must be notified about what is happening...
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...ADR Clause Any dispute, claim or controversy arising from or relating to the breach of the Learning Team Charter signed by all team members and outlining the expectations, proceedings and duties of each individual member shall be referred to and finally resolved by binding arbitration. Each party shall designate one impartial team member as an arbitrator. Either party may commence the arbitration process by posting a written notice for party 2 on the University of Phoenix’s course Learning Team Forum, setting forth the subject of the dispute, claim or controversy and the relief requested. Within three (3) days of the posting of a notice by party 1, party 2 shall deliver a written response at the same forum. The initial arbitration session shall be held within four (4) days of the posting of party 1’s written notice via Skype at a time agreed upon by both parties and the arbitrator. All team members agree to serve as arbitrators if selected by the disputing parties, if both parties select the same arbitrator, only one arbitrator will be present. In the event that a selected arbitrator becomes unable to serve, the party selecting that arbitrator will be required to select a substitute to their initial choice. Each party agrees that the decision of the selected arbitrator(s) will be binding and no other course of action will be available to the parties to resolve their dispute, controversy or claim. The final arbitration decision will be issued by the arbitrator(s) in no longer...
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...ADR Clause David Ortiz University of Phoenix LAW531 Tuesday May 1, 2012 Prof. Lirio Bernal Sanchez ADR Clause Alternative dispute resolution is a process that has gained popularity in solving conflicts because it helps in protecting the rights of the people and also to solve the problem in a less formal environment before it goes to a formal trial at court (Spangler, 2003) The alternative dispute resolution methods identified are Conciliation, Negotiation, Mediation, Arbitration, Mini-Trial, Fact-finding, and Judicial Referee. “The Administrative Dispute Resolution Act of 1996 permanently authorizes the use of ADR by federal agencies” (Disputes, 1998). Learning teams always present some discrepancies about the amount of work of each member, who will be leading the team, the commitment, and compliance levels. To avoid that the team should establish at the beginning the rules and make each member aware of them by acknowledging by e-mail the agreement that will have the methods to solve any discrepancies or conflicts and will be part of the Team Charter. The following clause will be included on the Learning Team Charter: “Each person has decided voluntarily to take this course and agree according to the University rules...
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...Learning team ADR Clause The learning team is a group of student that work together to complete a work for a particular course. Sometimes disagreements occur as part of the working process and these need to be resolve. In order to attend that situation, the following alternative dispute resolution (ADR) clause will be included in the learning team charter: “In any case that a dispute could arise between the learning team members the mediation process will be used to resolve the controversy, having the academic advisor as the mediator. According Cheeseman (2010) mediation is a form of negotiation in which a neutral third party assists the disputing parties in reaching a settlement of their dispute. Among the disputes that are going to be send to mediation are disagreement in terms of the content and an extent of a work, the amount and quality of the references to be used and included in the final work and how the work is going to be divided among the learning team members. As soon the dispute arises, the academic advisor will be notified. The academic advisor will hold separate meeting with the involve parties to listen the arguments of both sides and reach to a settlement. In doing so, the mediator points out the strengths and weaknesses of each party’s case and gives his or her opinion to each side. (Cheeseman, 2010). Finally, the mediator will help the involve members to reach a settlement to resolve the issue.” References Cheeseman, H.R., (2010). Business Law...
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...Inventory System – A case study: McDonald’s Just-In-Time inventory is the big thing right now in operations. JIT is a form of providing supplies for customers, as the name suggests, just in time. McDonald's is another example of a JIT system wherein McDonald's doesn't begin to cook its orders until a customer has placed a specific order. What used to be the case was McDonald's would pre-cook a batch of hamburgers and let them sit under heat lamps. They would keep them for as long as possible and eventually discard what couldn't be sold. The only way to get a fresh hamburger under the old system was to make a special order. Now, due to more sophisticated burger-making technology (including a record-breaking bun toaster), McDonald's is able to make food fast enough to wait until it's been ordered. The major benefits for McDonald's are better food at a lower cost. Whenever you can implement something that allows you to raise quality AND lower costs, you should definitely look into implementing that practice. Unless illegal, immoral, socially irresponsible, or likely to drive down demand (which is unlikely considering quality is being improved), you are probably going to want to implement this practice. McDonald's has found something that allows them to improve quality and lower costs. Unless of course you prefer aged burgers, the fresher burger is going to be higher quality if made fresh just for you. The less obvious benefit is the higher quality customer service that arises...
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...ADR Clause for Learning Team Charter All disputes that arise within the learning team that cannot be resolved 24 hours after the dispute began will enable ADR to occur. The dispute must be in reference to members’ disregard for the rules and regulations documented in the learning team charter. Personal conflicts that arise between team members will not initially be subjected to be resolved through ADR. Members’ personal conflicts which cause dispute within the learning team disabling productivity and efficiency will facilitate the ADR process. In the event a dispute shall arise between members of a learning team, the members agree to participate in a mediated negotiation with the assistance of a neutral person who will be appointed by the remaining members of the learning team. The mediation will involve each side of dispute communicating with an impartial person, to attempt to reach a voluntary agreement. Mediation involves no formal procedures and the mediator does not have the power to render a binding decision or force parties to agree. The team members which are involve in the dispute will not be forced to participate in the mediation process. In the event that the dispute is not settled during mediation, an arbitration clause will follow. If the dispute cannot be settled within 48 hours after the mediator has been appointed, the dispute will be referred and resolved through arbitration. This clause will be enforced for members who denied mediation and members who were...
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...ADR Clause for Learning Team Charter Patrice Kabanga Business Law /531 February 14, 2011 Ayodeji Badaki ADR Clause for Learning Team Charter It is a fact that working in a team may sometimes be challenging. Considering team members’ individual differences or personalities, disputes may occur and are likely to negatively affect the entire team’s outcome. Since members affix their signatures on the Team Charter, they are held to comply with rules and regulations stipulated in it, and may get some benefits from the use of the Alternative Dispute Resolution (ADR) Clause in conflicts resolution. The Alternative Dispute Resolution (ADR) clause is enabled when members within the team cannot find resolution to any disagreement or dispute from any learning aspect in connection with failure to submit the team assignment or an individual portion of the assignment on the agreed deadline, non-participation during team meeting, thoughts discussions; as well as when any member within the team makes inappropriate comments against other members. The ADR Clause provision requires a wait period of 24 hours during which team members are supposed to settle the conflict on their own as members may possibly agree to a compromise when given time to do so. Team members and leader directly involved in the dispute will confer to promptly resolve this issue in good faith. If no resolution is reached during this 24 hours period, they agree to participate to a mediation...
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...ADR Clause For Learning Team Charter The Alternative Dispute Resolution (ADR) clause will be used as a last resort. In the event that a dispute cannot be resolved or settled in good faith, the Alternative Dispute Resolution (ADR) clause will be used. The dispute must be in reference to team forum participation, turning in assignments on the due date, group attendance, and disagreements with team members. All disputes that arise within the learning team that cannot be resolved 24 hours after the dispute began will enable ADR to occur. Personality conflicts that arise between team members will not initially be resolved through ADR. Members’ personality conflicts which cause dispute within the learning team and affects productivity and efficiency will facilitate the ADR process. In the event a dispute shall arise between members of a learning team, the members agree to participate in a mediated negotiation with the assistance of a neutral person who will be appointed by the remaining members of the learning team. Each side of the dispute communicates with the mediator to attempt to reach a voluntary agreement. Mediation involves no formal procedures and the mediator does not have the power to render a binding decision or force parties to agree. The team members who are involved in the dispute will not be forced to participate in the mediation process. In the event the dispute is not settled during mediation, an arbitration clause will follow. If the dispute cannot be resolved...
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...BUSI - 3004 – 1 Application Week 5 4/03/2013 Head Hunting for Google Google did act in an ethical manner when the company went after the talent of other firms. Going after employees who are already trained and understand the business is key in gaining an advantage over competitors. “Poaching” top talent can backfire if the potential employee being sought after has a contract for a certain length of time or a non-compete clause. This clause makes it difficult for a potential candidate to work for a company that deals in a like form of business. Even though in many places such clauses may not hold up in court it is enough to persuade a person to not take the risk. Existing employees in a relative or like business can be very important in growing a new business. The sought after employee would bring in already “established relationships with customers, suppliers, and channel members” that would help a growing company gain over their competition (Hisrich, Peters, & Shepherd, 2013, pg.424). This is why Google went after top talent like Microsoft’s Dr. Kai-Fu Lee and highly regarded scientist who wanted to leave Microsoft to become president if Google China (Hartley, 2011, pg.107) Going into a competitors turf like Google did with Microsoft shows them that you will not back down from a challenge and that you are willing to take risks to grow the business. The down fall of going after the talent of other companies is that it might interfere with the morale of the...
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...Profile Process Piece: Analyzing the Rhetorical Situation Week 1 Assignment Please answer the following questions in complete sentence and paragraph format. Although this is not a formal essay assignment, please note that proper spelling, grammar, and sentence structure are required. This week’s lecture and Chapters 2 and 3 in your text will help you work through some of the terms within the rhetorical situation. Defining Topic, Angle, Purpose 1. What is your chosen topic? (For example: a profile of Barb Collins, a volunteer at the local homeless shelter; a profile of “Shipwreck Days,” a citywide flea market and festival; or a profile of Burdick’s Grocery, the oldest family-owned business in town.) I am doing a profile on Dale Chihuly, An American glass blower and artist. 2. What unique angle can you present on this topic? (Consider what is new about the topic or what unique perspective can be shared about this topic.) Chihuly’s works are considered unique to the field of blown glass, "moving it into the realm of large-scale sculpture," (Museum of Fine Arts, Boston). 3. What is your purpose for writing? (What do you hope to accomplish? Why are you writing?) My purpose for writing about Chihuly is to give everyone a chance to see what kind of amazing and beautiful art that can be done by someone who is blind in one eye. Analyzing your Readers You will be writing your Profile essay to your local community. Imagine you might submit the Profile to your local newspaper...
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...LOGICAL CONNECTORS Adverb Clauses, Sentence Adverbs, Transitions, Conjunctions and Prepositional Phrases Structural Formulas: Adverbial Clause: ADV + SVO, SVO. / SVO ADV + SVO. ADV + Ving, SVO. / SVO ADV + Ving. Sentence Adverbs: ADV, SVO. / S, ADV, VO / SVO, ADV. Transitions: SVO. TRANS, SVO. / SVO; trans, SVO. SVO. S, TRANS, VO. / SVO. SVO, TRANS. Conjunctions: SVO, conj SVO. Prepositional Phrases: PP + NOUN, SVO. / SVO PP + NOUN. (NOUN= Nouns, noun phrases, pronouns, gerund phrases, noun clauses) TIME: Adv.Cl: Until, Till, Up till, By the time, Before, After, When, Once, The moment, Now that, Immediately, Whenever, While, Whilst, As, Just as, As long as, As soon as, Since, Hardly . . . when . . ., Scarcely . . . when . . . , No sooner . . . than . . . Transition: Beforehand, Afterwards, Later, Later on, Then, Meanwhile, In the meantime, From (now/then) on PP: Before, After, Until, By, On/Upon, Prior to, Previous to, Subsequent to, During, For Other: Preceding, Proceeding, Following, Succeeding / Formerly, The former/The latter CONDITION Adv.Cl.: If, Only if, Providing/Provided (that), On (the) condition that, In the event that, Suppose/Supposing (that), As long as, So long as, What if, Even if, Unless, Whether … or (not), Assuming that, In (the) case (that), Given (that) Transition: Otherwise, If not Conj.: Or (else) PP: In case of, In the event of, If it weren’t/hadn’t been for, But for, Without CAUSE (REASON) Adv.Cl.: Because,...
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