Alternative Dispute Resolution (ADR) Clauses

There are three main techniques of alternative resolution of legal disputes that are commonly used in the United States. They include mediation, arbitration and collaborative law (Cheeseman, 2010). Below, we will discuss the first two, applying them to a hypothetical situation in our learning team. It is supposed that we are having troubles with the timely delivery of the weekly team assignments:

If arbitration is negotiated before (using a mediator)(LawInfo.com):

1. The members will proceed in good faith between members of the learning team. Either party may provide the learning team to the other by written of any situation not resolved in the current course of the class. In a period of 48 hours after the receipt of the notification. The response shall include the following:

a.       A written notification of the position of each of the members, and a draft of explanations for that situation, and

b.      The name of the representative of the learning team member (if any) and any other person who will accompany the member, (if applicable).

2. Unless the negotiating parties agree otherwise in writing, the previous trading shall finish at the end of the first encounter of the members of the learning team described above (“First Meeting "). Such termination shall not prevent the continuation of the negotiations or subsequent arrangements, if wanted.
3. All offerings and arrangements, whether verbal or letters, submitted by either party of the learning team are confidential, privileged and not admitted for any situation, in the arbitration or other proceeding involving the team members, stipulating that those documents are otherwise admissible or may be presented as evidence should not be taken as inadmissible or may not be submitted as evidence as a result of their use in the process.
4. Never before the initial encounter, will the learning team members begin any legal process relating to this Agreement except to seek an interim action that is permitted by law or by arrangement of the team members. However, this exception does not apply to either team member if the other member does not want to comply with the arrangements included before.
5. All time limits and corresponding defense based on the passage of time shall be recorded in writing during the process, and for 5 days after calendar. The learning team members shall determine the extent, if any, required to establish such written documentation.

If there is no prior negotiation (arbitration):

If the learning team members do not want to negotiate before arbitration, but wish to mediation before arbitration, we can achieve it by using the following (LawInfo.com, 2014):

1.      The learning team members agree that any and all differences or situations resulting of or related to this Agreement shall be submitted to mediation and if it’s not resolved, then the same shall be submitted to final and binding arbitration.

2.      Any team member may initiate mediation by giving to all members of the learning team a mediation request in writing, setting out the object of the dispute or the extent of relief sought.

3.      The parties shall cooperate with each other to select a neutral mediator panel and planning procedures of mediation. Learning team members agree that they will participate in the process in good faith and to share equally the costs, if any.

4.       All offerings, commitments, and statements, whether oral or written , which were carried out in the course of the mediation by any of the members of the learning team , are confidential, privileged and inadmissible for any purpose , including impeachment , in arbitration or other proceeding involving the parties, stipulating that evidence that is otherwise admissible or may be presented as evidence should not be taken as inadmissible or may not be submitted as evidence as a result of its use in the mediation.

5.      Either team member will start arbitration with respect to the issues submitted to mediation by providing a written request for arbitration at the later time of the initial mediation session or at any time after 5 days from the date of filing the written request for mediation , whichever occurs first ("Most previous date"). The mediation may continue after the commencement of arbitration if the parties so desire learning team.

6.      Never before to the earlier start date, neither team member can start arbitration or litigation relating to this Agreement except to seek an interim action that is authorized by law or by agreement of the parties. However, this limitation does not apply to either party if the other party refuses to comply with the requirements of paragraph 3.

7.      All time limits and corresponding defense based on the passage of time shall be recorded up to 15 days after the date of most previous date. The parties shall determine the extent, if any, required to implement the register.

  References

Cheeseman, Henry R. (2010) Business Law, Legal Environment, Online Commerce, Business

Ethics, and Interrnational Issues, Seventh Edition Chapter 1, Pearson Education, Inc., publishing as Prentice-Hall

LawInfo.com, Diferentes Clases de Resolución Alternativa de las Disputas

http://abogados.lawinfo.com/es/articulos/resolucion-alternativa-del-conflicto/federal/-diferentes-clases-de-resoluci-n-alternativa-.html – Retrieved on January 15, 2014