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ADR

Alternative Dispute Resolution for Learning Teams


An Alternative Dispute Resolution clause can be used by members in a learning team by offering options of resolving disagreements outside of costly litigation. Before resorting to the Alternative Dispute Resolution clause, the disagreeing members in the learning team should attempt to settle the conflict and use the approved forums for communication, based on the Learning Team Charter guidelines that have been agreed upon. Because of the limited timeframe of the class structure and the potential for the disagreement to cause a loss of productivity, all disagreements that take place within the learning team that cannot be resolved within the first 24 hours, after the dispute was documented in the learning team forum, will allow Alternative Dispute Resolution to begin. The main types of Alternative Dispute Resolution are: arbitration, mediation, medarb, minitrial, rent-a-judge, summary jury trials, early neutral evaluation, and peer review (Jennings, 2006).


In the event that Alternative Dispute Resolution is necessary, mediation will be the first step within the next 24 hours. Mediation allows each party to meet with a neutral mediator who listens to each side explain its position. The mediator will be the facilitator of the class and will help with the disagreement in confidence. The mediator will help the parties agree on a solution, but will not issue a binding decision.


If mediation is not successful in finding a solution, the final step is peer review which will be conducted over the next 24 hours. A peer review will be made up of a committee of two class members within the learning team, one chosen from each party, and a member of the class from another learning team. The committee will hear both sides of the disagreement and render a decision. The decision will be binding ...

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